thereunto he would imprison her and fine her Five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her fine every month by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly after were conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of His Majesties Subjects upon pretence of Disobedience to his Orders Decrées and other illegal Command by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and extrajudicial course upon Paper-Petitions to him preferred and no Cause legally depending The Article was opened by the Manager THomas Hibbott's Petition to my Lord of Strafford was read setting forth That Sir Thomas Hibbot's being seized of certain Land conveyed the same to the use of himself for life after death to the Petitioner in Tail and divers Remainders over That Sir Thomas of the said Lands became seized for life and died the Petitioner being in England and not knowing of the Conveyance That Dame Mary Hibbots Iohn Hoy her Son and others taking advantage of his absence combined to get the Deeds touching the Lands into their hands That they caused one Booky to come into England to perswade the Petitioner to go into Ireland and he went accordingly and was brought to the place of the said Ladies abode who pretended that she had an estate in the Lands during life That by this means before he could be advised he was drawn to contract for the Lands at half value and he entred into Bond to perform Agreements That the Petitioner was more willing thereunto in respect of a desire to buy other Lands of Iohn Martin's and agreed for it and was to receive 1800 l. of the said Lady which Martin was to receive and the greatest part paid out at the time and place appointed That a Deed-Poll was drawn from him to Seal to and acknowledge a Fine and deliver Security for great part of the purchase-money That notwithstanding a Fine acknowledged and Security given up the Lady Hibbots refused to let Martin have the said money and so the Petitioner disappointed of the Bargain and therefore prays that the Evidences Deed-Poll Fine and Bond might be delivered up and the Agreement discharged being surreptitiously obtained The Lord-Deputies Warrant was subscribed and read bearing Dated 15. October 1635. viz. That the Lady Hibbot c. should on sight thereof forthwith deliver the said Deeds c. to Sir Paul Davis and to appear at Council-Table the 20th of this instant October The Manager observed That the Petition was preferred in the name of Thomas Hibbots though in truth he had never knowledge of the exhibiting of it and that the first Bargain with the Lady Hibbots was made 22. September 1635. the Petition exhibited 15. October 1635. The Decree was read Iohn Hoy attesting it to be a true Copy wherein the Petition is recited and the time and it is set forth that the Courts of Justice were not then open that the Petitioner being a Stranger it was not fit he should long attend That the Defendants denied the fraud charged To which the Plaintiff Replied the Defendants rejoin time given to examine Witnesses and a day for hearing set down That at the hearing it appears the said Lady brake into her deceased Husbands Study possest her self of the Deeds and Writings That Booky was sent over as might be conceived to circumvent the Plaintiff That getting him to her house she contracted with him for 1600 l. before he knew of the value that understanding it to be worth 2250 l. he refused to proceed and then the Lady raised the price to 2500 l. That by not payment of a part of it the bargain with Mr. Martin the cause of his treaty with the Lady was disappointed That the Lady pretended an Estate for life in the Lands when she had only an Estate in part for 99 years if she lived so long and no Estate in other parts thereof which the Plaintiff knowing not of could not suffer a Praecipe quod reddat without her joyning whereas being but Lessee for 99 years he might That it appears by the Deeds that the Plaintiff intended not to sell the Lands for that he knew them not as appeared by Circumstances which the Order doth more particularly set down That the criminal part should be reserved to be made use of by the King's Council that for the civil part the said Bargain was Ordered to be void That the Fine not yet recorded but remaining unreturned shall be cancelled if the Plaintiff shall require it And the Lady to have only such Estate as she had before and no other And both Parties are hereunto to yield Obedience 24. November 1635. Adam Loftus Chancellor Ormond Valentia Moore Dillon Sherley Lowther Wainsford Manwareing Tiringham George Ratcliffe The Manager opened the Nature of the Cause observed the particular parts of the Order shewing that there was a Conveyance executed a Fine levied though not returned by his Order no Witnesses examined though she denies the Fraud and Arguments are made to convince her by observation of circumstances and so concluded to overthrow a Bargain in October before That it is pretended to be when the Courts of Justice were shut though it was heard in full Term 24. November 1635. the Term there beginning as in England but adjourned to the 2. of November and the said Order was contrary to the Vote of the Council-Board That when that Bargain was overthrown the Lands were purchased by Sir Robert Meredith and others for 3000 l. to the use of the Earl of Strafford and he sold them back to the Lady Hibbots for 7000 l. That when this Petition was preferred Thomas Hibbots desired to be gone and have his money applies himself to Sir William Parsons for advice Whether he might not withdraw his Petition he sends him to Sir George Ratcliffe Sir George opposes it the Petitioner goes to my Lord of Strafford and he tells him Do not withdraw your Suit 500 l. more in your purse will do you no hurt Iohn Hoy was first produced as a Witness and sworn My Lord of Strafford offered to their Lordships Consideration that the Witness is to have the Inheritance of the Lands and so swears directly for himself But the Manager Answered That if he shall have the Inheritance his Lordship knows the terms he hath paid 7000 l. for it And Mr. Maynard added that if the Decree were of force against him it were something but the Land is since paid for and whether the Decree be good or bad he can neither lose nor win by it for he comes in as a Purchasor Yet my Lord of Strafford prest it that the Witness complained and seeks Relief against the Decree But the Manager Answered It was for his Mother not for himself though upon my Lord Stewards
sent away Post Merid. The Articles offered by a Member of this House against the Earl of Strafford are referred to the Committee that are to draw up the Charge against the said Earl which being Reported were as followeth Articles of the Commons assembled in Parliament against Thomas Earl of Strafford in maintenance of his Accusation whereby he stands Charged of High Treason 1. That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by traiterous words Counsels and Actions and by giving His Majesty Advice by force of Arms to compel his Loyal Subjects to submit thereunto 2. That he hath traiterously assumed to himself Regal Power over the Lives Liberties Persons Lands and Goods of His Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of His Majesties Liege People 3. That the better to inrich and inable himself to go through with his traiterous Designs he hath detained a great part of His Majesties Revenue without giving Legal account and hath taken great Sums out of the Exchequer converting them to his own Use when His Majesty wanted Money for His own urgent Occasions and His Army had been a long time unpaid 4. That he hath traiterously abused the Power and Authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual Dependance and Confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical Designs 5. That he hath maliciously endeavoured to stir up Enmity and Hostility between His Majesties Subjects of England and those of Scotland 6. That he hath traiterously broke the great Trust reposed in him by His Majesty of Lieutenant-General of His Army by wilful betraying divers of His Majesties Subjects to death his Army to a dishonourable Defeat by the Scots at Newborne and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss as that of New-Castle His Majesties Realm of England might be engaged in a National and irreconcilable Quarrel with the Scots 7. That to preserve himself from being questioned for those and other his traiterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious Slanders to incense His Majesty against Parliaments By which Words Counsels and Actions he hath traiterously and contrary to his Allegiance laboured to alienate the Hearts of the King's Liege People from His Majesty to set a Division between them and to ruine and destroy His Majesties Kingdoms for which they Impeach him of High Treason against our Soveraign Lord the King His Crown and Dignity 8. And he the said Earl of Strafford was Lord-Deputy of Ireland and Lieutenant-General of the Army there viz. His most Excellent Majesty for His Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant-General of all His Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. That the said Commons by Protestations saving to themselves the liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering Proofs also of the Premisses or any of them or any other Impeachment or Accusation that shall be exhibited by them as the Cause shall according to the course of Parliaments require do pray that the said Earl may be put to Answer for all and every of the Premisses that such Proceedings Examinations Trials and Judgments may be upon every of them had and used as is agreeable to Law and Justice Tuesday November 24th 1640. These Articles thus Resolved upon by Question were by another Question Ordered to be engrossed against to morrow Morning and no Copies to be delivered of them in the Interim and the same Committee that prepared the Charge is to draw up the Interrogatories and Mr. Pym is to go up to the Lords with the Charge Wednesday November 25th 1640. Lord Digby went up with this Message to the Lords That this House desires a Conference with their Lordships by a Committee of both Houses concerning the Articles to be Exhibited against the Earl of Strafford Lord Digby brings Answer That their Lordships have Considered the Message and desire to meet a Committee of that House with a Committee of theirs presently in the Painted-Chamber The ingrossed Articles were again openly read in the House and agreed to be sent up to the Lords by Mr. Pym by a Vote upon the Question Mr. Pym before he went made a short Declaration of the substance of that he intended to deliver unto the Lords both before and after the delivery of the Articles Mr. Pym's Report of the Conference with the Lords in delivering up the Articles against the Earl of Strafford that he attended the great Committee of this House and in their presence delivered to the Committee of the Lords House the Charge against the Earl of Strafford and if any thing passed him through weakness or disability he desires the excuse of this House It was moved that Mr. Pym might have Thanks for his well delivery of the Charge against the Earl of Strafford Friday November 27th 1640. A Message from the Lords by Justice Littleton and Justice Bartley The Lords desire a Conference by a Committee of thirty of their House with a proportionable number of this House concerning the Message that was brought unto them by Mr. Pym touching the Examination of their Members in the Accusation of the Earl of Strafford and desire a free Conference touching the last Point of that Message that some of the Members of this House should be present at the Examination and they desire it this morning in the Painted-Chamber if it may stand with the conveniency of this House Answer returned by the same Messenger That this House has taken into Consideration their Lordships Message and will in Convenient time return Answer by Messengers of their own Saturday November 28th 1640. Mr. Whistler Reports from the Grand Committee for Irish Affairs that there are many Petitions and full of matter of Complaints of the proceedings in Ireland and Suitors here for Justice There are many Petitioners here whose Estates are so exhausted that they are scarce able to bring Witnesses from Ireland hither many great Persons of
Twelfth Year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot armed in War-like manner and in War-like array with Force and Arms to expel Richard Butler from the Possession of the Mannor of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in the War-like manner expel divers of His Majesties Subjects from their Houses Families and Possessions as namely Edward O Brenman Owen Oberman John Brenman Patrick Oberman Sir Cyprian Horsefield and divers others to the number of about an hundred Families and took and imprisoned them and their wives and carried them Prisoners to Dublin and there detained until they did yield up surrender or release their respective Estates and Rights And the said Earl in like War-like manner hath during his Government of the said Kingdom of Ireland subdued divers others of His Majesties Subjects there to his will and thereby and by the means aforesaid hath levied War within the said Realm against His Majesty and His Liege-people of that Kingdom XVI That the Earl of Strafford the Two and twentieth of February in the Seventh Year of His Majesties Reign intending to Oppress the said Subjects of Ireland did make a Proposition and obtained from His Majesty an Allowance thereof That no Complaint of Injustice or Oppression done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such Usurped tyrannical and exorbitant Power expressed in the former Articles Destroyed and Oppressed the Péers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said Power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said Power And to prevent the Subjects of that Realm of all means of Complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the Seventeenth day of September in the Eleventh Year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties Service or attending in England by His special Command to make their personal residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of the said Realm are restrained from seeking relief against the Oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous waies as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl XVII That the said Earl having by such means as aforesaid subverted the Government and Laws of the Kingdom of Ireland did in March in the Sixteenth Year of His Majesties Reign in scandal of His Majesties Government of all His Kingdoms and in further Execution of his wicked Purposes aforesaid speaking of the Army in Ireland declare That His Majesty was so well pleased with the Army of Ireland and the consequences thereof that His Majesty would certainly make the same a Pattern for all His Three Kingdoms XVIII That the said Earl of Strafford for the better effecting of his traiterous Designs and wicked Purposes did endeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of his Government in Ireland he restored divers Fryeries and Masse-Houses which had béen formerly suppressed by the precedent Deputies of that Kingdom two of which Houses are in the City of Dublin and had been assigned to the use of the University there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the month of May and June last the said Earl did raise an Army in the said Realm consisting of 8000 Foot all of which except one or thereabouts were Papists and the said One thousand were drawn out of the old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earl And the more to engage and tie the said new Army of Papists to himself and to encourage them and to discourage and weary out the said old Army the said Earl did so provide That the said new Army of Papists were duly paid and had all Necessaries provided for them and permitted the Exercise of their Religion but the said old Army were for the space of one whole Year and upwards unpaid And the said Earl being appointed a Commissioner within eleven several Counties of the Northern parts of England for Compounding with Recusants for their Forfeitures due to His Majesty which Commission beareth date the Eighth day of July in the Fifth Year of His Majesties Reign that now is and being also Receiver of the Composition-money thereby arising and of other Debts Duties and Penalties by reason of Recusancy within the said Counties for His Majesties Use by Letters Patents dated the Ninth day of the same July He to engage the said Recusants to him did Compound with them at low and under Rates and provided that they should be discharged of all Procéedings against them in all His Majesties Courts both Temporal and Ecclesiastical in manifest breach of and contrary to the Laws and Statutes of this Realm in that behalf Established XIX That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command he the said Earl in May the Fifteenth Year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any His Majesties Royal Commands but submit himself in all due obedience thereunto Which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath against their wills and of such as refused to take the said Oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the Tenth of October Anno Dom. 1639. he fined Henry Steward and his wife who refused to take the said Oath 5000 l. a piece and their two Daughters and James Gray 3000 l. a
have opened That Law might no where stand against his Will and to settle it that he might continue so My Lord hath declared this in incroaching Jurisdiction where it was not in exercising an Arbitrary Power under that Jurisdiction In taking on him a Power to make Laws In Domineering and Tyrannizing over the Lives the Liberties the Goods the Estates and whatsoever is the Subjects And My Lords this hath he done not only on those of the meaner sort that could not resist him but on the Peers on the greatest and most ancient Nobility of Ireland And what might Your Lordships expect but the same measure at his hands had his Will had its passage here which it had in Ireland I shall now come to the particular Articles 1. And first Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President he had not been long there but that Commission which bounded and pleased his Predecessors he must needs surmount and overgo There was a Commission in 16 Iac. which the then Lord Deputy had in which was that Legal phrase Secundum antiquum cursum his own Commission 4 Car. pursued that without any alteration but being in but four years this would not please his boundless Ambition he must needs have the Power that the Lords in the Star-Chamber have put in in express terms a Power to proceed according to the course of the Chancery that his Conscience might limit other mens Estatâ— That his Injunctions might stay other Proceedings at Law And which is highest of all if any thing be done in that Court within these Instructions than no Prohibition should be Awarded He would make himself safe from any supervising of other Courts If he Committed any man to Prison though a Habeas Corpus were granted then which the Subject hath no other remedy to vindicate his Liberty the Officer for the encouragement of those which be under his Power must not obey it And if any Fine be put upon the Officer then comes a command in this Commission That the Fine shall be discharged so he not only takes a Power to himself but also takes the Scepter of Justice out of the Kings Hands for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him and he knows it right well for when he was a Member of the House of Parliament it was his own motion who now stands at the Barr That all the Officers and Ministers of State should serve the King according to that Law and he is the first Officer and Minister of State that breaks it and in the most transcendent degree that ever it was broken My Lords He doth in this as much as in him lies say to the Laws Do your worst You can but Fine and that you can do shall come to nothing The Fine shall not be paid The Officer shall not obey you If this had been a single Act we should never have accused him of this Treason though it comes very High and very Transcendent But the Oppressions and Injustice the Councels and Speeches that we present to Your Lordships we present them not singly but as together designing and noting what a Treasonable purpose and disposition is in him 2. My Lords The next thing he doth when he is in the North among the Justices of the Peace and the People attending for Justice you shall see what Encouragement he gives them to look for it and how foul a thing he dares to fling on the Sacred Majesty that did advance him He tells the Justices that were to do Justice and the People that were to receive Justice That some of the Justices were all for Law but they should find The Kings little Finger is heavier than the Loyns of the Law Your Lordships may consider what a transcendent Speech this was out of whose Mouth it came what sad Accidents happened upon it nothing could move this Lord to utter it but his Will and his Violence must out though he burst a Kingdom in pieces for it 3. The next thing is this When he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majesties Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not that disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we present next is a Peer of the Kingdom thrust out of his Possession by my Lord of Straffords Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Straffords Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these
same If there be any Statute that gives my Lord of Strafford as Governour alone power to take Cognizance of meerly private Causes it is something to the purpose to say there is a particular Statute but till that be shewed he hath in this erected an Arbitrary Power And so he concluded the Reply and the Third Article THE Fourth Article The Charge THat Richard Earl of Corke having sued out Process in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper Petition without Legal procéeding did the 20th day of February in the 11th year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to Imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said 11th year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Corke claimed in certain Rectories or Tythes which the said Earl of Corke alledged to be of no force said that he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and did question the said Earl of Corke in the Eastle Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his Words and Spéeches Arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government ONE of the Managers opened the 4th Article and said The former Articles shew my Lord of Straffords Words this his Actions This Article concerns my Lord of Corke's being disseized of an Impropriate Rectory upon a Paper Petition to my Lord of Strafford and referred to the Council-Table the Earl of Strafford saying upon the questioning of the Proceedings thereupon That neither Law nor Lawyers should question or dispute his Orders an Order of Council-Board in King Iames his time enjoyning That no Parson Patron or Ordinary should make a Lease for longer time than the life of the Incumbent was made use of as a ground to dispossess the Earl of Corke In the first place We desire to open the Proceedings at Council-Table before my Lord of Straffords time viz. That in no case concerning Land no Decree hath been there made to bind up the party for remedy at Law The Lord Ranulagh being interrogated whether by the course of Proceedings at Council-Table the Deputy and Council have determined Title of Land and Possession and interrupted the parties to proceed at Law He Answered That he hath observed the course of the Board for 22 years and the course was That if Title of Land between party and party were in debate It was commonly dismissed from the Board with a leading order to be tried by course of Common Law Being asked whether a Deputy alone hath determined private Interest He Answered That he cannot positively say whether it were done privately but to the best of his remembrance he knows not that ever any Deputy determined any matter of private Interest but brought it to the Board though by reference or private proceeding it might have proceeded before it came to the Board My Lord of Strafford desired he might be asked whether he ever knew that any matter of Inheritance was ever by himself and the Council determined whilst he was Governour there that was barely Title of Land and nothing else He Answered And desired to explain himself concerning the former That Causes of the Church and matters of Plantations were resolved in former Deputies times to be dispatched at the Board And for the latter question he never knew matter of Title determined at the Board but in Causes of the Church and Plantations My Lord of Strafford desired he might be asked whether as President of Connaught he did not familiarly on Paper Petitions rule all things in the same nature as the Deputy on Petitions to him The Fifth day Friday March 26. 1641. AFter consideration of this matter by their Lordships it was resolved in the Upper-house That my Lord Ranulagh ought not to be examined on that point it tending to an Accusation of himself The Earl of Corke being Sworn and questioned touching my Lord of Straffords words to him upon his excepting against the Orders made upon the Petition touching the said Rectory His Lordship Answered That he had been in Possession as Tenant of the Crown thirty five years of a Rectory and certain Tythes in the County of Tiperany for which he paid a yearly Rent and having enjoyed it so long my Lord presented to it Arthur Gwyn that had been his Coach-mans Groom That when he heard of it he went to my Lord privately and told his Lordship that he was His Majesties Farmer of those Tythes and paid a Rent and desired he might not be sued for them in the Council-Chamber but if a Suit must be ommenced that it might be in the proper Court the Exchequer That my Lord told him he should Answer it there That he did so and my Lord ordered it against him That a Commission went down and Examinations were taken And after my Lord had ordered it against him an Order of course was set down that Gwyn should have them till I recovered them by course of Law That thereupon I brought an Action against him and his Tenants who were Arrested and came to Dublin and then went to my Lord and Dr. Bramhill Bishop of Derry That thereupon I was sent for before my Lord Lieutenant that then was and my Lord Lieutenant told me Sir You have taken out Writs against Gwyn to whom I Ordered the Tythes of the Rectory I confest I had and desired to know why he aked me so adding that I am sure your Lordship will not take away my Possession by a Paper Bill without Trial. That my Lord of Strafford answered call in your Writs or if you will not I will clap you in the Castle For I tell you I will not have my Orders disputed by Law nor Lawyers Gwyn was a poor man and if he should get the Rents of the Impropriation into his hands I could not get them again And therefore I desired security That if by course of Law I should recover it I might have it again That my Lord of Strafford thereupon said It was very fit and just but the Order being brought unto me I said there was no such thing in the Order Being desired by the Earl of Strafford to repeat the last over again I say that
Ely sworn was examined what was the proceedings of the Marshalls Court when he was Judge-Marshall and how long he had been so He Answered He was 40 years since Judge there and for the manner of proceeding There was never any Deputy or Governor of that Kingdom but they had a Commission of Martial-Law to be exercised in the time of their Government but the exercise of that Law was two-fold one was Summary the other was Plenary That which was Summary and short was committed to the Provost-Marshall that sought after the Rebels and Kernes that kept the Woods These when they were apprehended the Provost-Marshall hanged them on the next Tree and this was in poor Cases where the estate of the party that prosecutes is not worth 40 s. In the second which is the Plenary proceeding there are three Considerations to be had of the time the place and the person the time must necessarily be in time of War the place in the Field and the persons must be such as are subject to the Rule of Martial-Law And the proceeding was thus The parties complained the other appearing an Information was drawn in writing Witnesses produced and reduced in writing a Sentence given absolutely or condemnatory and the Party punished or acquitted and the Warrant directed to the Provost-Marshall to put the Judgment in Execution But when the Army was dissolved and every one returned to their own home Souldiers Captains and Commanders this Power ceased and was no farther executed for it had been an extraordinary damage to His Majesty that by the Martial-Law every one should be tried for he loses nothing but his life not his Lands or his Goods and therefore the proceeding without was so slow and seldom that he had not remembred any man of quality worth 100 l. or 200 l. in thirty years to have been executed by Martial-Law Here the Manager did offer the Instructions given in my Lord Faulkland's time which Mr. Fitz-Gerard testified to be by him examined with the Original in the Signet-Office as to the 33. and 34th Articles Part of the Instructions were read viz. 33. Such as are to be brought to Trial at Law are not to be executed by the Marshal except in time of War and Rebellion One of the Managers observed That my Lord of Strafford would have Power of Martial-Law over my Lord Mountnorris but would not execute him which shews he desires not blood so much as Power of blood that the Law of all the Peers might be under his Girdle and he besought their Lordships to consider it Whereas he said The blood of their Lordships Ancestors was spent in the Irish Wars this way their own blood may be spent in the Peace of Ireland and Peace of England c. My Lord of Strafford taking notice of some words charging him that my Lord Mountnorris lost his Offices in that Sentence In way of Answer said That they were lost in a Sentence in the Castle-Chamber for Misdemeanors fully proved and by himself confessed and therefore His Majesty disposed of them To which one of the Managers Replyed That there was no sentence in the Castle-Chamber against him And so after some Discourses and Resolution touching the Method of the Proceedings about the next Articles the House was Adjourned The First day Monday March 29. 1641. THE Sixth Article The Charge That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolstone did cause the said Lord Mountnorris to be disseized and put out of possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having béen 18 years before in quiet Possession thereof MR. Glyn opened the Sixth Article setting forth the Execution of an Arbitrary Power by the Earl of Strafford contrary to Law in point of the Estates of His Majesties Subjects by disseizing and putting the Lord Mountnorris a Peer out of Possession of Lands of 200 l. a year which he had possessed 18 years before on a Paper-Petition without any Rules of Justice during the said Lord Mountnorris his Imprisonment contrary to an Act of Parliament read the other day to King Iames his Instructions to the directions of His Majesties Proclamation and the Rules of proceeding in the Kingdom of Ireland The Decree made in the Cause betwixt Rolstone and my Lord Mountnorris was first offered the Manager observing that it was nothing to the matter whether the Decree were just or unjust and that it never depended in the Chancery as is set forth in his Answer Thomas Little the Lord of Strafford's Secretary being sworn attested that the Copy produced was under his own hand And here my Lord of Strafford informed their Lordships that upon his Defence he would ask Mr. Little some questions desiring their Lordships to remember that he is upon his Oath The Decree was read Dated 28. Iuly 1637. whereby for the Reasons therein set forth and with the assistance of the Lord Chief Justice of the Common Pleas It was among other things Ordered That Henry Rolston should be put into quiet Possession of certain Lands therein mentioned Lord Mountnorris being Examined Whether he was put out of possession by Vertue of that Order and how long he had Possession of the Lands He Answered He was in quiet and peaceable Possession from May 20. till he was put out by my Lord of Strafford's Warrant August 29. 1637. as was written to him from an Agent that was there from the delivery of the Warrant to the Sheriff That he was all the while the business was in prosecution till his coming into England a little before his putting out of possession in prison under restraint for not suing out his Pardon upon the Sentence of the Council of War Mr. Anslow sworn and interrogated to the same purpose Answered That to my Lord Mountnorris's possession of the Lands he can say only by seeing the Accounts passed by former Receivers and the Patent my Lord Mountnorris had of the Land but for his being put out of the possession by the Order he found when he was left in Ireland about a year and half ago he was put out of possession by an Order of my Lord of Strafford and that he being there could have no Rents paid Henry Rolsion's Son being in possession the Father being dead Being asked Whether a Petition was not preferred for liberty to proceed at Law He Answered It was in his own behalf for the Land was estated on him by his Father And that he the Deponent being to pass his Land on the Commission of Grace Rolston Petitioned for it himself and therefore he the Deponent Petitioned it might be hindred to pass and that he might have his Right tried legally but he could get no Answer the Commissioners saying They sate not there to question any Lords Estate The Manager observed this to be the assuming
demand he confest he was the Lady Hibbots Son by a former Husband and that the Inheritance is now in him But my Lord of Strafford observed if he can recover 3 or 4000 l. upon his Oath for his Mother It is well And their Lordships admitted him to be examined He was asked What he knew concerning the Agreement between Thomas Hibbots and the Lady Hibbots for the Purchase of the Reversion of the said Lands the tearms and times He Answered with desire to use his Notes That Thomas Hibbots about 7. September continued two or three days in Dublin and then came to Castlington continued there a full day and not a word spoken of the Bargain That the Writings whereby the Estate was setled were shewed him the said Thomas and he read them That being asked Whether he would have more satisfaction He said He was satisfied being demanded whether he would live in Ireland and keep his Estate he said No and that he would sell most of it That the Lady Hibbots desired she might be preferred in the Sale having interest by Joynture and she conceived it for life and demanded what he would ask that he answered What she pleased above 2000 l. That being asked Whether he knew the Land he answered He knew it for some years before he was in Ireland in Sir Thomas his life time and a Servant of his had shewed him the Land That she offered 1500 l. and he said For 1600 l. she should have it and so it was agreed That she sent the Deponent up for 100 l. but the said Thomas said He would not use so much and took only 20 s. to bind the Bargain That on Monday following they went to Dublin to draw up Articles to perfect the Bargain and two or three days were spent about it That he the Deponent tendered the Articles and he the said Thomas excepted against the general Warranty which he desired might be amended and then he would perfect them and it was amended accordingly That in the interim the day before Sir Robert Meredith went to him and treated with him offering if he would break off he the said Sir Robert would save him harmless as Thomas Hibbots told him the Deponent That thereupon Thomas Hibbots flies off and told him the Deponent Sir Robert Meredith offered him 2250 l. That thereupon he the Deponent left the Town and went to his Mother and informed her of it That before the breach of the Bargain he the Deponent procured a Subpaena to sue the said Thomas thereupon and that the said Lady coming to Town with the Deponent the said Thomas came to her and being asked the reason why he would break the Bargain he answered Sir Robert Meredith had offered so much and she answering That she would not give an under-value because she would not have another get the Reversion He Replied That for 2500 l. she might have it which she was content to give and the Agreement was made That the said Thomas went immediately to Sir Robert Meredith to give him an Answer and satisfied him That he the Deponent met Sir Robert Meredith coming out of his Lodging and challenged him of this unneighborly courtesie who said it is true he was about it but the Lady Hibbots had bid more than he and wished her much joy of it That the next day the Articles for the 1600 l. were perfected and a Bond given for 900 l. to make it up the Sum of 2500 l. and this to be paid in England for there was no motion about Land in England from the said Thomas That two days after he the said Thomas went to Iohn Martin who had a little Estate and treated for the Estate for which he was to give him 1900 l. That the said Thomas came back to Dublin and tells the Deponent of it who had taken a course to exchange 2000 l. for him and was to have near 80 l. for exchange of it That notwithstanding on Mr. Hibbots return he the Deponent was content he should have it paid there That soon after Thomas Hibbots acknowledged a Fine perfected a Feoffment and so passed all the Estate that could be in himself But the Lady thought it could not be secure without a Recovery for the said Thomas had but one Son who had no Son and the life of the man is uncertain yet before that was desired Thomas Hibbots saying Mr. Martin was willing to receive the money he the Deponent appointed a day for receiving of it and paid Mr. Martin 1800 l. giving Bond for payment of 100 l. 16. November this being 9th of October That he delivered Mr. Hibbots 60 l. and procured a Bill of Exchange to be paid at Nesson on sight 40 l. That he took up the 900 l. Bond entred into by his Mother and gave a Bond for payment of 500 l. at Chester a day following That the money being sealed up by Mr. Martin it was left there that night and the next day they were to go to the Lady to enquire if they had sufficient Security and went accordingly and carried the Deeds along with them That the Ladies Council told her a Recovery was necessary which might be done the first day of the Term. That he the Deponent desired Mr. Hibbots to stay till the Term and offered to bear his Charges but he would not Winter growing on and said plainly He would not stay That thereupon he the Deponent served him with a Writ he had prepared on the first Bargain That immediately the said Thomas goes away to Mr. Sambridge and informed him that he had been often with him the Deponent to break the Bargain and now is served with a Writ and therefore prayed him to draw a Petition to my Lord-Deputy which was drawn accordingly To which the Lady and Deponent had time to Answer till Thursday That the time was short and there was a mistake in the Answer for it was set forth that the Lady had an Estate for life whereas she had an Estate but for 99 years if she lived so long That on this mistake discovered my Lord-Deputy called for the Constable of the Castle and commanded the Clerk of the Council to draw a Warrant to commit their Council till the Gentleman fell on his knees and openly asked forgiveness That then they could hardly get Council to plead That there was a Reply and Rejoynder And in the interim Mr. Hibbots came to him the Deponent went to the Master of the Wards and desired to be dismissed That Sir George Ratcliffe appointed them to attend him which they did That Sir George took Mr. Hibbots with him and on Sunday following the Lord-Deputy being informed of Hibbots consent on Monday he sent for Hibbots and wishes him to go on with the Suit and asked him What hurt it would do him to carry 500 l. more to England The next day being Tuesday there was no Witnesses examined though a time was appointed to examine them for the Clerk of the Council was
disproving me he may hurt me That therefore it befits me to do as well as I can for my self in this case yet not to take it amiss from the Gentleman who doth but his duty Finally I conceive it not Treason in me to follow the President and Practice of those which have gone before me which though it be not altogether so Legal yet I hope it is not Treasonable Nor is it Treason to mistake the Law if it should there would be more actions of Treason than Trespass in Westminster-hall for I think few understand it I do not I am sure And so I hope this shall never rise up in Judgment against me in its self or as a concurrent Argument towards Treason Mr. Glyn replied in substance as followeth What my Lord of Strafford is charged with he confesses to be an Authority above Law and that it is not justifiable Yet he would justifie it by the practice of his Predecessors wherein the examination of my Lord Primate offered for Proof thereof aggravates the Offence the Warrant therein mentioned being procured at the Request of the Papists and perhaps it might be so now but the Protestants have been Oppressed by it That was to save the charge of a Capias Excommunicatum which was the Process issued upon Excommunication but by this Warrant they must be taken on the Citation down-right Club-Law having in similitude the Civil Law That his own Secretary that made the Warrant and is as guilty as himself tells of a President according to which he made this Therefore the Copy produced is a true Copy else he says not truth That whereas his Lordship says it is a single Act and as soon as he had notice of the Illegality of it he recalled it and therefore it should not be laid to his Charge Indeed if it were a single Act this Answer might be taken but when in the case of my Lord of Corke his Inheritance was to be determined and desired the benefit of the Law did my Lord of Strafford suffer the course of Law to go on Now when he is pleased to make an excuse for himself he calls it in but when in matter of Life and Inheritance concerning Peers Right is demanded he denies it If this single Act be compared with other Exorbitant Proceedings we refer it to Your Lordships Wisdom and Justice whether it be not a strong Evidence to prove his subverting of the Laws After some discourse touching their proceeding on with the 10th Article for that the same would hold long the day far spent and my Lord Cottington and Sir Arthur Ingram material Witnesses for My Lord of Strafford as he alledged were absent for whose Examination his Lordship desired a Commission Their Lordships Adjourned the House The Ninth day Wednesday March 31. 1641. THE Tenth Article The Charge THat the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandise Exported out and Imported into that Realm to be Farmed to his own use And in the Ninth year of His now Maiesties Reign he having then Interest in the said Customs to advance his own gain and lucre did cause and procure the Native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wool at Chirtéen shillings four pence though the same were really worth but five shillings at the utmost nine shillings by which means the Custom which before was but a Twentieth part of the true value of the Commodity was Enhanced sometimes a Fifth part and sometimes to a Fourth and sometimes to a Third part of the true value to the great Oppression of the Subjects and Decay of Merchandise MR. Maynard proceeded to the 10th Article saying They had shewed what my Lord meant to do what he threatned what he did concerning the Lives of His Majesties Subjects what advantages he found to order their Tongues to cut off their Heads but he rested not there Their Lordships have heard how he Executed one without Law The subsequent Articles were under colour of Law to take away the Subjects Lands to distribute them in a way of Justice and yet they come to his own profit Now the 10th Article charges him that he did procure to Farm to his own use the Customs of Ireland that he inhanced those Customs procured a Book of Rates to be made and Goods valued Treble to the worth of the Commodity instancing in two particulars Wools worth 5 s. the Stone or at most Nine rated up to 13 s. 4 d. and a Hyde valued at 20 s. which was in truth worth but 5 s. That these High values were put upon them to increase the Customs That my Lord of Strafford in his Answer pretends it not to be done for his own benefit but for the advantage of His Majesty and gives some Colours which are left to himself to open and prove That they shall prove the Fact to be done for his own advantage to the great deceit and disadvantage of His Majesty The Case was stated thus His Majesty King Iames did in the 16th year of his Reign Lease to the Duke of Buckingham the Customs of Ireland for 10 years In which Lease there were Exceptions and Agreements of Defalcations as the Custom of Wines which were Leased to my Lord Carlisle at the Rent of 1400 l. per annum to the Crown and on this Lease was reserved 6000 l. a year Rent and half the clear profits above the Rent which half did amount to 3700 l. a year There was a second Lease made to the Dutchess of Buckingham being in the time of 7 Car. who was to have a certain sum out of the Lease but the profit was for my Lord of Strafford and his Partners Mr. Maynard observed the difference of the two Leases and shewed that it was not only a bargain of loss to His Majesty of what he had but also a bargain by way of advancement of that which was not by inhancing the values Which he demonstrated thus The King out of the first Lease to the Duke 6000 l. and 3700 l. that is 9700 l. by the latter Lease 11050 l. so at first view 1350 l. gain besides the Fine pretended to be paid But in lieu thereof the Lease to my Lord of Carlisle was procured to be surrendred upon which the King had 1400 l a year Rent before the Dutchess that is now my Lord of Straffords Lease was Sealed which 1400 l. a year is not reserved in the said latter Lease the surrender being 21 Mar. the Demise 24 Mar. So that 1400 l. a year is swept away by my Lord of Strafford instead of the 1350 l. by way of advance Besides the surplusage of the profit of the Farm of Wines Demised to my
should not extend to a Subject This is to take a power above Law and make himself equal to Sovereignty to say that he should not be comprehended more than the King himself He says he did not lead the Soldiers but only gave a Warrant and therefore this should not be Treason but though he leads them not the Commander is an Actor and to give Warrant for Treason is Treason He says this is a Statute-Law in Ireland and not examinable before their Lordships here Mr. Palmer alledged that he would do my Lord right that he submitted to their Lordships Judgements and craved leave to give answer to that point and said The Laws of Ireland are devised from the Crown of England the King being seized of it in the right of his Crown of England and as a parcel of this Crown The power they have to make Laws there is derivative from the Crown of England and they did thankfully accept them from the first Conqueror Since that they had power to make Acts of Parliament but that is subordinate the Laws there are the Laws of England applyed to that place As any particular custom of a place not the general Law of the Land is the Law of that place by a general custom and yet may be judged out of the precincts of that custom so the Laws of Ireland are the Laws of that Kingdom yet may be judged by this Supream Court out of the limits of Ireland Though in an inferior Court when a thing questioned in Ireland is brought by Writ of Error they judge according to the Laws of Ireland not of England And my Lord hath prayed and werequire that he may be judged according to the Laws of Ireland So this Law of 18 H. 6. may be judged by their Lordships though it be a Law in Ireland But my Lord urges that this Law is repealed and for that he gave reasons on many Acts of Parliament First a Statute made 8 Edw. 4. That is made to a particular purpose reciting one particular Statute and repealing that and then by a general clause ratifying and introducing all the Statutes of England into Ireland This being but on a particular occasion with such a general Clause will not be applyable however it will be the Answer to that that follows It is a general Clause to introduce the Laws of England and shall not have that reflexion to repeal any Law of force in Ireland This introducing of our Laws thither shall not work to repeal their Laws but make a consistance of both Laws so far as they may stand together On that Mr. Palmer said he would not enlarge himself it being not matter of Fact and it was not expected that matter of Law would have been insisted on and therefore he leaves it to those that shall hereafter give their Lordships satisfaction in point of Law That which my Lord called a Judgement in Parliament 11 Eliz. recites that it was in time of desolation of Justice That the Captains had brought oppressions on the people It was in a time when though the Irish had been victi long before yet they were not brought perfectly under subjection of the Laws of England there then remained Rebellions and Tumults It was in time of Hostility and War And that Statute gives but an Implication neither that Captains should not Assess without the Deputies Warrant And it follows not that therefore he hath authority to do it But howsoever the thing be this was for defence of the people to make resistance against Rebels But the thing in charge was in time of peace and full government of the Law and so that Statute will give no justification at all My Lord of Strafford concluded that there was no Treasonable Intent in this and therefore it should be no Treason on the Statute of the 25 Edw. 3. My Lord recited the words of the Statute Not to be only the levying of the War but adhering to the Kings enemies but these glosses are not to be confounded but severed The adhering to the Kings enemies is one offence within that Statute Levying of War another so that if there be no Adherence yet if there be Levying of War it will be Treason And this levying of War it was on the Kings People perhaps there was no intent upon the Kings Sacred Person yet if it be against the Kings People such a levying of War is Treason ordinary Cases of Felony are to be against the Kings Crown and Dignity though it be the Homicide of a mean Subject it is against the Kings Crown and Dignity because it is against the protection and safety of that man that is the Kings Subject and so the levying of War on the Kings People by laying Soldiers in this hostile manner being against the protection by which they are governed against the safety by which the King is to defend them It is a War against the King his Crown and Dignity This is the Answer to the Defence And Mr. Palmer concluded That he conceived the Charge of the House of Commons in matter of Fact was fully maintained and for matter of Law if there remained any scruple a farther Argument and stronger Reasons should be offered hereafter And so a Recess being granted for a day upon the Humble Request of my Lord of Strafford the House was Adjourned and Saturday following was appointed for the next meeting THE Sixteenth Article The Charge 16. THat the Earl of Strafford the Two and twentieth of February in the 7 th year of His Majesties Reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from His Majesty an allowance thereof that no complaint of injustice or oppreision done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such usurped Tyrannical and exorbitant power expressed in the former Articles destroyed and oppressed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said power And to prevent the Subjects of that Realm of all means of complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the 17 th day of September in the Eleventh year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties service or attending in England by His special command to make their personal Residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of
Opinion though he seems to Argue against it Is any thing more familiar than for a Man to seem to be of an Opinion to gain a Reason to confirm that Opinion which he is of and contrary to that he seems to defend by this means to get the strength of other Mens Reasons to confirm his own by Again Is any thing more familiar in private Discourse between Man and Man than when one is so far on that side the Line for the other to go as far himself that he may meet the first Man in the midst If a man meet with one that is as far below as himself is above and shall seem to maintain further than his Reason and Belief carries him to bring the other to moderation Shall this be charged on him as a Treason If words spoken to Friends in familiar Discourse spoken in ones Chamber spoken at ones Table spoken in ones Sick-Bed spoken perhaps to gain better Reason to give himself more clear light and judgment by reasoning If these things shall be brought against a man as Treason this under favour takes away the Comfort of all Humane Society By this means we shall be debarred of Speaking the Principal Joy and Comfort of Society with wise and good Men to become wiser and better our lives If these things be strained to take away Life and Honor and all that is desirable it will be a silent World a City will become an Hermitage and Sheep will be found amongst a Crowd and Press of People and no Man shall dare to impart his Solitary Thoughts or Opinion to his Friend and Neighbor but thereby be debarred from consulting with wiser Men then himself whereby he may understand the Law wherewith he ought to be governed But these be but words all the while and if he shall shew that words of a higher nature shall by the Judgment of an English Parliament be thought not to be Treason Why should he think or imagine or fear that their Lordships will make these indiscreet and idle Expressions of his reach so high as his Head and take the Comfort of his Life and Children from him No Statute makes Words Treason and if the Fundamental Law the Common Law of the Land had made them Treason surely the Parliament would never have set a Mulct upon them This Statute is 1 Ed. 6. cap. 12. as followeth BE it Enacted by the Authority aforesaid if any person or persons do compass and imagine by open Preaching express words or saying to depose or deprive the King His Heirs or Successors from His or their Royal Estate or Title or openly publish or say by express words or saying That any other person or persons other then the King His Heirs or Successors of right ought to be c. These be words of higher nature than those charged upon himself and yet the first offence is made but loss of Goods and Imprisonment for the second loss of Lands Goods and Imprisonment the third time is only made Treason He added That their Lordships will never think these words being flym-flam that pass in a negligent manner betwixt Man and Man shall ever be brought to be Treason And whereas 25 E. 3. hath these words When a Man doth Compass or Imagine the death of our Lord the King The very words are mentioned in 1 E. 6. When a man doth compass or imagine by open Preaching c. to Depose the King And the first Statute provides That if a Man shall compass the Death of the King and be not thereof attainted by open Deed it is not Treason And the Statute of H. 4. and 1 Mar. concurr with this and shew That the intent of these was to take away the danger the Subject might incurr if bare words should be brought against him as Treason And it hath been the Wisdom of their Lordships noble Ancestors and this State that they have alwayes endeavoured to conclude the danger that may fall on the Subject by Treason that it might be limited and bounded and that it might be so understood as to be avoided and he hopes we shall never be so improvident as to sharpen this two-edged Sword against our selves and the faces of our Posterity and to let the Lion loose to tear us all in pieces for if way be given to Arbitrary Treason and to the Wits of Men to work upon it to prejudice or question Life it would be very dangerous And he believes That in this Hall there would be Actions of Treason that would fly as familiarly up and down as Actions of Trespass and therefore since by the goodness of our King and the wisdom of our Ancestors we have been thus provided for why we should entangle our selves into the straights they could not endure but endeavoured by all means to free themselves from the dangers that familiarly follow them he cannot see To the First Part of the 23 d Article concerning the last Parliament the Gentlemen have reserved themselves till to morrow and therefore he shall not need to speak to that and so there will remain nothing for him to Answer but the last part of the Act with the next Charge concerning words spoken at the Council-Board or at the Committee for Scotch Affairs viz. That His Majesty having tried the Affections of His People He was loose and absolved from all Rules of Government and was to do every thing that Power would admit and that His Majesty had tried all wayes and was refused and should be acquitted both before God and Man and that he had an Army in Ireland which he might employ to reduce this Kingdom to Obedience Concerning this particular he says he remembers not anything but what Mr. Treasurer is pleased to speak of And whereas Mr. Treasurer as concerning that part said He loves to speak the truth my Lord of Strafford said He doubts not but he doth for that we should all do he is sure of it But Mr. Treasurer has reversed his Testimony in saying that he will not speak to the very words themselves but to these or words to the like effect and if he be not mistaken and to the best of his remembrance That His Majesty having tryed all wayes and being refused in this extream necessity and for the safety of the Kingdom and People He might do c. And that Your Majesty hath an Army in Ireland which You may employ there he said at first And afterwards which You may employ to this Kingdom And he saith he doth not interpret these words but gives the words clearly and plainly as my Lord of Northumberland hath declared and that it was soon after the Dissolution of the last Parliament to his best remembrance and at the Committee of 8 and he thinks my Lord spake them positively or something to that effect Now whereas he calls in to his aid my Lord of Northumberland under favour my Lord of Northumberland declared no such words but absolutely denies in his Examination that he ever
year of Edward the 1. a Writ went to the Justices in Ireland that Kingdom at that time was governed by Justices declaring That upon Petitions they were not to determine any Titles between party and party upon any pretence of profit whatsoever to the King In the Eight and twentieth year of Hen. the 6th Chap. 2. Suits in Equity not before the Deputy but in Chancery Suits at Common-Law not before him but in cases of Life in the Kings-Bench for Title of Lands or Goods in the proper Courts of the Kings-Bench or Common-Pleas This declared in the Instructions for Ireland in the latter end of King Iames His time and by the Proclamation in His Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said He should not thus proceed in the subversion of it he saith he will and will enforce Obedience by the Army this is as much in respect of the end as to endeavour the overthrow of the Statutes of Labourers of Victuals or of Merton for Inclosures here is a Warrant against the King in respect of the end 2. In respect of the Actions whether there be either a Levying of War or an open Deed or both My Lords There was an Army in Ireland at that time of Two thousand Horse and Foot by this Warrant there is a full designation of this whole Army and an Assignment of it over to Savill for this purpose The Warrant gives him power from time to time to take as many Soldiers Horse and Foot with an Officer throughout the whole Army as himself shall please here is the terror and awe of the whole Army to enforce Obedience My Lords If the Earl had Armed two thousand men Horse and Foot and formed them into Companies to this end your Lordships would have conceived that this had been a War It 's as much as in the Case of Sir Thomas Talbot who armed them in Assemblies This is the same with a breach of Trust added to it That Army which was first raised and afterwards committed to his Trust for the defence of the People is now destined by him to their destruction This assignation of the Army by his Warrant under his Hand and Seal is an open Act. My Lords Here 's not only an open Act done but a Levying of War Soldiers both Horse and Foot with an Officer in Warlike manner assessed upon the Subject which killed their Cattel consumed and wasted their Goods Your Lordships observe a great difference where six men go upon a design alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poor man fewer more upon a rich if the six had not been able the whole Army must make it good The reason that the Sheriff directed alone or but with one Bayliff to do execution is because he hath the Command of the Law the Kings Writ and the Posse Comitatus in case of resistance Here 's the Warrant of a General of an Army Here 's the Posse Exercitus the Power of the Army under the awe of the whole Army six may force more than sixty without it and although never above six in one place yet in several parts of the Kingdom at the same time might be above sixty for sessing of Soldiers was frequent it was the ordinary course for execution of his Orders The Lord-Lieutenant of a County in England hath a design to alter the Laws and Government nay admit the design goes not so high he only declares thus much he will order the Freeholders and Estates of the Inhabitants of the County at his own will and pleasure and doth accordingly proceed upon Paper-Petitions foreseeing there will be disobedience he grants out Warrants under his Hand and Seal to the Deputy-Lieutenants and Captains of the Trained-bands that upon refusal they will take such number of the Trained-Bands through the County with Officers as they shall think good and lay them upon the Lands and Houses of the refusers Soldiers in a Warlike manner are frequently sessed upon them accordingly your Lordships do conceive that this is a Levying of War within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not only against the Common-Law but likewise against the Statute of 28 Hen. 6th against the Acts of the Commissioners against Proclamations in persuance of the Law against that himself took notice of narrow-hearted Commissioners In this that here was an Army the Soldiers by profession acts of Hostility from them of greater terror than from Freeholders of the same County My Lords I have now done with the First of Levying of War The Second is the Machination the advising of a War The Case in this rests upon a Warrant to Savile and the advice in the 23 Article The Warrant shews a resolution of imploying the old Army of Ireland to the oppression of His Majesties Subjects and the Laws In the 23 Article having told His Majesty that he was loosed and absolved from Rules of Government and might doe every thing which Power might admit he proceeded further in speech to His Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdom My Lords Both being put together there 's a Machination a practice an advice to Levy War and by force to oppress and destroy His Majesties Subjects It hath been said the Statute of the 25 Edw. 3. is a penal Law and cannot be taken by equity and construction there must be an actual War the Statute makes it Treason to counterfeit the Kings Coin the conspiring the raising of Furnaces is no Treason unless he doth Nummum percutere actually Coin My Lords This is only said not proved the Law is otherwise the 19th Hen 6. fol. 49. there adjudged That the conspiring and aiding to counterfeit Coin was Treason and Justice Stamford fol. 331. 44. is of opinion that this or the conspiring to counterfeit the Great Seal is Treason The Statute is If any shall counterfeit the Great Seal conspiring to do it by the Book is Treason if a man take the Broad Seal from one Patent and put it to another here is no counterfeiting it 's tantamount and therefore Treason as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford If Machination or Plotting a War be not within that clause of the Statute of Levying of War yet it is within the first of compassing the death of the King as that which necessarily tends to the destruction both of King and People upon whose safety and protection he is to engage himself That this is Treason hath been adjudged both after the Statutes of 1 Hen. 4. cap. 10. and 1 Queen Mary so much insisted upon on the other side In the Third year of King Hen. 4th one Balshal coming from London found one Bernard
whatsoever to procure a Privy-Seal or any other Command whatsoever for apprehending any Person in Ireland for Treason done without that Kingdom and to put any such command in Execution divers had been attainted of Treason for executing such Commands There is a Treason so made by Act of Parliament in Henry the Sixth's time In the third Chapter of this Parliament of the tenth of Henry the Seventh an Act is passed for no other end then to repeal this Statute of Henry the Sixth of Treason If this Statute of Henry the Sixth of Treason had been formerly repealed by the Statute of 8 E. 4. or then by the two and twentieth Chapter of this Parliament of the 10 th of Henry the Seventh by bringing in the English Statutes the Law-makers were much mistaken now to make a particular Act of Parliament to repeal it it being likewise so unreasonable an Act as it was In the Eighth Chapter of this Parliament of the 10 th of Henry the Seventh it is Enacted that the Statutes of Kilkenny and all other Statutes made in Ireland two onely excepted whereof this of the Eighteenth of Henry the Sixth is none for the Common-Weal shall be enquired of and executed My Lord of Strafford saith that the bringing in of the English Statute hath repealed this Statute the Act of Parliament made the same time saith no it saith that all the Irish Statutes excepting two whereof this is none shall still be in force Object Oh but however it was in the 10 H. 7. yet it appeares by Judgment in Parliament afterwards that this Statute of 18 H. 6. is repealed and that is by the Parliament of the 11 th year of Queen Elizabeth the 7 th Chapter that by this Parliament it is Enacted That if any Man without Licence from the Lord Deputy lay any Soldiers upon the Kings Subjects if he be a Peer of the Realm he shall forfeit One hundred pounds if under the degree of a Peer One hundred Markes This Statute as is alleadged declares the Penalty of laying Soldiers on the Subjects to be onely One hundred pounds and therefore it s not Treason Answ. My Lords if the Offence for which this Penalty of One hundred pounds is laid upon the Offenders be for laying Soldiers or leading them to do any act Offensive or Invasive upon the Kings People the Argument hath some force but that the Offence is not for laying Soldiers upon the true Subjects that this is not the Offence intended in the Statute will appear to your Lordships Ex absurdo from the words of it The Words are That if any Man shall assemble the People of the County together to conclude of Peace or War or shall carry those people to do any Acts Offensive or Invasive then he shall forfeit One hundred pounds If concluding of War and carrying the people to Acts Invasive be against the Kings Subjects this is High-Treason which are the words of the Statute of 25 E. 3. for if any Subject shall assemble the people and conclude a War and accordingly shall lead them to invade the Subject this is a levying of War within the words of the Statute and then the Statutes of the 25 E. 3. 1 H. 4. 1 of Q Mary which the Earl of Strafford in his Answers desires to be tryed by are as well repealed in this point as the Statute of the 18th of Henry the Sixth he might then without fear of Treason have done what he pleased with the Irish Army for all the Statutes of levying of War by this Statute of 11 Eliz. were taken out of his way In Ireland a Subject gathers Forces concludes a War against the Kings people actually invades them bloodshed burning of houses depradations ensue two of those that is Murder and Burning of Houses are Treason and there the other Felony by the construction the punishment of Treason and Felony is turned onely into a fine of One hundred pounds from loss of Life Lands and all his Goods onely to loss of part of his Goods The Third Absurdity a War is concluded three several Inrodes are made upon the Subject in the first a hundred pounds damage in the second five thousand pounds damage in the third ten thousand pounds damage is done to the Subjects the penalty for the last inroade is no more then for the first onely one hundred pounds This Statute by this Construction tells any man how to get his living without long labour Two parts of the hundred pounds is given to the King a third part unto the Informer Here 's no damage to the Subject that is robbed and destroyed My Lords The Statute will free it self and the makers from those Absurdities The meaning of the Statute is That if any Captain shall of his own head conclude of Peace or War against the Kings Enemies or Rebels or shall upon his own head invade them without Warrant from the King or Lord Deputy of Ireland that then he shall forfeit a Hundred pounds The Offence is not for laying of Soldiers upon the Kings people but making War against the Irish Rebels without Warrant the Offence is not in the Matter but in the Manner for doing a thing lawful but without Mission I. This will appear by the general Scope of the Statute all the parts being put together II. By particular Clauses in the Statute III. By the Condition of that Kingdom at the time of the making of that Statute For the First The Preamble recites that in time of Declination of Justice under pretext of defending the Country and themselves diverse Great Men arrogated to themselves Regal Authority under the names of Captains that they acquired to themselves that Government which belonged to the Crown for preventing of this It 's Enacted That no man dwelling within the Shire Grounds shall thenceforth assume or take to himself the Authority or name of a Captain within these Shire-Grounds without Letters-Patents from the Crown nor shall under colour of his Captainship make any demand of the people of any Exaction nor as a Captain assemble the people of the Shire-Grounds nor as a Captain shall lead those people to do any acts Offensive or Invasive without Warrant under the Great Seal of England or of the Lord Deputy upon penalty that if he do any thing contrary to that Act that then the Offender shall forfeit a Hundred pounds My Lords The Rebels had been out the Courts of Justice scarce sate for defence of the Countrey divers usurped the place of Captains concluded of War against the Rebels and invaded them without Warrant Invading the Rebels without Authority is a crime This appears further by particular clauses in the Statute none shall exercise any Captainship within the Shire-grounds nor assemble the men of the Shire-grounds to conclude War or lead them to any Invasion That that had antiently been so continued to this time that is the Irish and the English Pale they within the Shire-grounds were within the English Pale and
in the ordinary way of Judicature without Bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration Whether the Rule for expounding the Irish Statute and Customs be one and the same in England as in Ireland That being admitted whether the Parliament in England have cognizance or jurisdiction of things there done in respect of the place because the Kings Writ runs not there For the First in respect of the place the Parliament here hath cognizance there And Secondly If the Rules for expounding the Irish Statutes and Customs be the same here as there this exception as I humbly conceive must fall away In England there is the Common-Law the Statutes the Acts of Parliament and Customs peculiar to certain places differing from the Common-Law If any question arise concerning either a Custom or an Act of Parliament the Common-Law of England the First the Primitive and the General Law that 's the Rule and Expositor of them and of their several extents it is so here it is so in Ireland the Common-Law of England is the Common-Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King Iohn and afterwards by King Henry 3. by Act of Parliament held in England as appears by the Patent-Rolls of the 30th year of King Henry 3. the first Membrana the words are Quia pro Communi Utilitate terrae Hiberniae unitate terrarum Regis Rex vult de Communi Concilio Regis Provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem Regatur sicut Dominus Iohannes Rex cum ultimò esset in Hibernia statuit fieri mandavit quia c. Rex vult quòd omnia brevia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo Regis mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Woodstock Decimo nono die Septembris Here is an union of both Kingdoms and that by Act of Parliament and the same Laws to be used here as there in omnibus My Lords That nothing might be left here for an exception that is That in Treasons Felonies and other capital offences concerning Life the Irish Laws are not the same as here therefore it is enacted by a Parliament held in England in the 14th year of Edw 2. it is not in print neither but in the Parliament Book that the Laws concerning Life and Member shall be the same in Ireland as in England And that no exception might yet remain in a Parliament held in England The 5th year of Edw. 3. it is Enacted Quod una eadem Lex fiat tam Hibernicis quam Anglicis This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr 25. The Irish therefore receiving their Laws from hence they send their Students at Law to the Inns of Court in England where they receive their Degree and of them and of the Common-Lawyers of this Kingdom are the Judges made The Petitions have been many from Ireland to send from hence some Judges more learned in the Laws than those they had there It hath been frequent in cases of difficulty there to send sometimes to the Parliament sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships only one because it is in a case of Treason upon an Irish Statute and therefore full to this point By a Statute there made the fifth year of Edw. 4. there is a provision made for such as upon suggestions are committed to prison for Treason that the party committed if he can procure 24 Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a Grand Jury presented to have committed Treason they desired benefit of this Statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5th year of Edw. 4th in Ireland being obscure the Judges there being not satisfied what to do sent the case over to the Queen desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withal The Judges delivered their opinion upon an Irish Statute in case of Treason If it be objected That in this Case the Judges here did not judge upon the party their opinions were only ad informandam Conscientiam of the Judges in Ireland that the Judgement belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is that no absurdity no failure of Justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The Common-Law rules of judging upon an Irish Statute the Pleas of the Crown for things of life and death are the same here and there this is all that yet hath been offered For the Second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of all ages proves the contrary Writs of Error in Pleas of the Crown as well as in Civil Causes have in all Kings Reigns been brought here even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland the practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I believe be produced to your Lordships that ever the Case was remanded back again into Ireland because the question arose upon an Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ. This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By
faithfulness protected his Ancestry Himself and his whole Family It was not Malum quia prohibitum it was Malum in se against the Dictates of the dullest Conscience against the Light of Nature they not having a Law were a Law to themselves Besides this he knew a Law without that the Parliament in Cases of this Nature had Potestatem vitae necis Nay he well knew that he offended the Promulged and Ordinary Rules of Law Crimes against Law have been Proved have been Confessed so that the Question is not De culpa sed de poena What degree of Punishment those Faults deserve We must differ from him in Opinion That twenty Felonies cannot make a Treason if it be meant of equallity in the use of the Legislative Power for he that deserves death for one of these Felonies alone deserves a Death more Painful and more Ignominious for all together Every Felony is punished with loss of Life Lands and Goods a Felony may be aggravated with those Circumstances as that the Parliament with good reason may add to the Circumstances of Punishment as was done in the Case of Iohn Hall in the Parliament of the 1 H. 4. who for a Barbarous Murder committed upon the Duke of Glocester Stifling him between two Feather-Beds at Calice was Adjudged to be Hanged Drawn and Quartered Batteries by Law are only punishable by Fine and single Damages to the Party Wounded In the Parliament held in 1 H. 4. Cap. 6. one Savage committed a Battery upon one Chedder Servant to Sir Iohn Brooke a Knight of the Parliament for Somersetshire It 's there Enacted that he shall pay double Damages and stand Convicted if he render not himself by such a time The manner of proceedings quickned and the penalty doubled the Circumstances were considered it concerned the Common-Wealth it was a Battery with Breach of Priviledge of Parliament This made a perpetual Act no warning to the first Offender and in the Kings Bench as appears by the Book-Case of 9 H. 4. the first leaf Double Damages were recovered My Lords in this of the Bill the Offence is High and General against the King and the Common-wealth against all and the best of all If every Felony be loss of Life Lands and Goods What is Misuser of the Legislative Power by Addition of Ignominy in the Death and Disposal of the Lands to the Crown the Publick Patrimony of the Kingdom But it was hoped that your Lordships had no more skill in the Art of killing Men then your worthy Ancestors My Lords this Appeal from your selves to your Ancestors we do admit of although we do not admit of that from your Lordships to the Peers of Ireland He hath appealed to them your Lordships will be pleased to hear what Judgment they have already given in the case that is the several Attainders of Treason in Parliament after the Statute of 25 E. 3. for Treasons not mentioned nor within that Statute and those upon the first Offenders without warning given By the Statute of 25 E. 3. it 's Treason to levy War against the King Gomines and Weston afterwards in Parliament in the 1 R. 2. n. 38 39 adjudged Traytors for surrendring two several Castles in France only out of fear without any Compliance with the Enemy this not within the Statute of 25th E. 3. My Lords In the 3 d of Rich. 2d. Iohn Imperiall that came into England upon Letters of Safe Conduct as an Agent for the State of Genoa sitting in the evening before his door in Breadstreet as the words of the Records are Paulo ante ignitegium Iohn Kirkby and another Citizen coming that way Casually Kirkby troad upon his Toe it being twilight this grew to a Quarrel and the Ambassador was slain Kirkby was Indicted of High-Treason the Indictment finds all this and that it was only done se defendendo and without malice The Judges it being out of the Statute 25 E. 3. could not proceed the Parliament declared it Treason and Judgment afterwards of High-Treason there 's nothing can bring this within the Statute of 25 E. 3. but it concerns the Honor of the Nation that the Publick Faith should be strictly kept It might endanger the Traffique of the Kingdom they made not a Law first they made the first man an Example this is in the Parliament-Roll 3 R. 2. Number 18. and Hillary Terme 3 R. 2. Rot. 31. in the Kings-Bench where Judgment is given against him In 11 R. 2. Tresilian and some others attainted of Treason for delivering Opinions in the Subversion of the Law and some others for plotting the like My Lords the Case hath upon another occasion been opened to your Lordships only this is observable that in the Parliament of the first year of Henry the Third where all Treasons are again reduced to the Statute of 25 E. 3. These Attainders were by a particular Act confirmed and made good that the memory thereof might be transmitted to succeeding Ages they stand good unto this day the offences there as here were the endeavouring the Subversion of the Laws My Lords after the 1 H. 4. Sir Iohn Mortimer being committed to the Tower upon suspition of Treason brake Prison and made his escape This no way within any Statute or any former Judgment at Common-Law for this that is for breaking the Prison only and no other cause in the Parliament held the second year of Henry the Sixth he was attainted of High-Treason by Bill My Lords Poysoning is only Murder yet one Richard Cooke having put Poyson into a Pot of Pottage in the Kitchin of the Bishop of Rochester whereof two persons dyed he 's Attainted of Treason and it was Enacted that he should be Boyled to Death by the Statute of 22 H. 8. c. 9. By the Statute of the 25 H. 8. Elizabeth Barton the Holy Maid of Kent for pretending Revelations from God That God was highly displeased with the King for being Divorced from the Lady Katherine and that in case he persisted in the Separation and should Marry another that he would not continue King not above one Moneth after because this tended to the depriving of the lawful Succession to the Crown she is Attainted of Treason My Lords all these Attainders for ought I know are in force at this day The Statutes of the First year of Henry the 4 th and the First of Queen Mary although they were willing to make the Statute of 25 E. 3. the Rule to the Inferiour Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative power had been exercised There 's nothing in them whence it can be gathered but that they intended to leave it as free for the future My Lords In all these Attainders there were Crimes and Offences against the Law they thought it not unjust Circumstances considered to heighten and add to the degrees of punishment and that upon the first Offender My Lords we receive as just the other Lawes
the Subject but then he goes into Ireland and as his authority increases so he ampliates his design and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principal City of Ireland presented the Mayor upon a solemn Speech and Discourse concerning the Laws and Liberties as your Lordships know that is the subject matter of a Speech at such presentments as when the Lord Mayor of London is presented to the King I beseech your Lordship observe the words he then used They were a conquered Nation and that we lay not to his charge but they were to be governed as the King pleases their Charters were nothing worth and bind but during the Kings pleasure I am to seek if I were to express an Arbitrary Power and Tyrannical Government how to express it in finer words and more significant terms than these That the people shall be governed at the Kings Will that their Charters the sinews and ligatures of their Liberties Lands and Estates should be nothing worth and bind no longer than the Kings pleasure especially being spoken upon such an occasion and the words proved by two or three Witnesses of credit and quality From thence we descend to Articles that shew the execution of his purpose There are three things a man enjoys by the protection of the Law that is his Life his Liberty and his Estate And now my Lords observe how he invades and exercises a Tyrannical Jurisdiction and Arbitrary Government over them all three I shall begin with the fifth Article that is concerning my Lord Mountnorris and Denwit My Lord Mountnorris a Peer of that Realm was sentenced to death by procurement of my Lord of Strafford who howsoeve he pretends himself not to be a Judge in the cause yet how far he was an Abettor and Procurer and Countenancer and drawer on of that Sentence your Lordships very well remember he was sentenced to death without Law for speaking words at a private Table God knows of no manner of consequence in the world concerning the treading upon my Lord of Strafford ' s Toe the Sentence procured seven months after the words spoken and contrary to Law and himself being put in mind of it my Lord Mountnorris desiring to have the benefit of the Law and yet he refusing it And then it was in time of Peace when all the Courts of Justice were open and to sentence a man to death of that quality my Lord of Strafford himself being present an author a drawer on of it makes it very hainous Your Lordships remember this Article was fully proved and though he pretends His Authority by a Letter from His Majesty I shall in due time give a full answer to that so that it shall rise up in judgement against him to aggravate his offence and that in a great measure Here he exercises a Power over Life his excuse was That he procured a Pardon from my Lord Mountnorris but the Power was exercised and the Tyranny appeared to be the more He would first sentence him to death and then rejoyce in his Power that he might say There remains no more but my command to the Provost Marshal to do execution To exercise a power over his life and to abuse him afterwards is very high but no thanks to him that the sentence of death was not executed it was the Grace and Goodness of His Majesty that would not suffer my Lord Mountnorris a person of that Eminence to be put to death against Law But the other was hanged and as appears against Law and though my Lord pretends the party was burnt in the hand yet that was not proved nor material and for him to do this in time of Peace when the Courts of Justice were open it argues a desire in his Breast to arrogate a Power above Law And in truth I may not omit some observations that my Lord made this day He hopes His Majesty would be pleased to grant him a Pardon I perceive he harboured in this thoughts that he might hang the Kings Subjects when he would and then get a Pardon of course for it The Lord bless me from his jurisdiction My Lords give me leave to goe back again here is Power over the Lives and Liberties of the Subject but he exercised likewise a Tyrannical Power over his Estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Cork's Estate in neither Church-land nor plantation-Plantation-land and therefore had no pretence of a Jurisdiction for it is a Lay Fee divolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for Twenty nine years upon a Paper-Petition without rules of Law And whereas my Lord of Cork went about to redeem himself the Law being every man's inheritance and that which he ought to enjoy he tels him He will lay him by the heels if he withdraw not his Process and so when he hath judged him against an express Act of Parliament and Instructions and bound up a great Peer of the Realm he will not suffer him to redeem that wrong without a threat of laying him by the heels and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equal to an Act of Parliament which are words of that nature that higher cannot be spoken to declare an intention to proceed in an Arbitrary way The next was in my Lord Mountnorris his Case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a Petition to my Lord Deputy my Lord Deputy himself judges his Estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegal action but he cannot produce a precedent that ever any Deputy did determine concerning a mans private Estate and if he hath affirmed it he proved it not some Petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of Land yet he did it To the Seventh Article we produce no Evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will do so I refer it to the Book in print where he determines the Inheritance of a Nobleman in that Kingdom that is my Lord Dillon by a Case falsly drawn and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not known that we had matter enough against my Lord of Strafford this should have risen in judgement against him but I had not mentioned it now if he had not mentioned it