King the State the Lawes or Religion of this Kingdome but with my best endeavors to serve all and to support all So might God be mercifull to his Soule His words did justifie him more there then in Westminster Hall and made such a deepe impression in the hearers that a great many of those who cryed out for Justice against him after their fury was spent and their madnesse strewed with cold blood wished their tongues had beene cut out of their heads before they had opened their mouthes against him others most ignobly imputed this to his effronted boldnesse and are so perswaded of their own infallibility that they mervailed he beleeved not his Actions to be Errors vpon their Word and did not confesse their opinions of him to be truth it selfe A kinde of People they are beyond the cure of Bedlam and nothing but the whipping post or letting blood can doe them good or bring them remedy Vexatio tantum dabit Intellectum 't is nothing but sence will teach them judgement and affliction Charity and both these I feare are hastning on apace His Countenance was in a middle posture betwixt dejection and boldnesse a man may call it even courage and Innocence it selfe without any feare of Critticks nor could his very Enemies through their multiplying glasses perceive the least affectation of disguise in him never man looked death more stately in the face never man trembled more at his sinnes such were his contritions for his oversights and such his immovable confidence of Gods Pardon and his Mercy His Prayers ravished all the standers by that they could not judge whether to preferre his zeale or his poenitency yea the Primate of Ireland who is no complementer reported afterwards to the King that he had then first learned to make supplications aright to Godward and withall told his Majesty that he had seene many die but never such a white Soule this was his owne expression returne to ' its maker At which words the King was pleased to turne himselfe about and offer a teare to his Memory Tantorum mercede laborum And because mis-report about him and my Lords-Grace of Canterbury hath wandred as farre as Cambridge give me leave to adde the story of that mistake It was reported here by the divulgers of such slanders that a little before his death he had charged all his misfortunes oversights and misdemeanors upon the Arch-Bishop of Canterbury as the prime Author and had bitterly curst the day of their first acquaintance A pretty invention it was to charge the Axe againe and to furnish the People with lungs and voices to cry for another Sacrifice yea to staine this Martirs long white Robe with the Innocent blood of another Heroes Oh yee sonns of men How long will yee love vanity and seeke after leasing For this cause I was the more Inquisitive to learne out the truth of this particular and had it thus related to mee by a worthy divine Doctor Wimberly who dyning with my Lord of Canterbury the day after the Earle of Straffords Execution had it from his own mouth And my Lords grace it seems having heard of the mistake did at every period take the Lievetenant of the Tower then present his Attestation and Approbation That the Lord Strafford the night before the Execution had sent for the Lievetenant of the Tower and asked him whether it were possible hee might speake with the Arch-Bishop the Lievetenant told him hee might not doe it without order from the Parliament Master Lievetenant said hee you shall heere what passeth betwixt us it is not a time now either for him to plot Haerisy or me to plot Treason The Lievetenant answered that hee was limited and therefore desired his Lordship would Petition the Parliament for that favour no said hee I have gotten my dispatch from them and will trouble them no more I am now petitioning an higher Court where neither partiality can bee expected nor error feared But my Lord said hee turning to the Primate of Ireland then present what I should have spoken to my Lords grace of Canterbury you shall desire the Arch-Bishop to lend me his prayers this night and to give me his blessing when I doe go abroad to morrow and to bee in his window that by my last farewell I may give him thanks for this and all other his former favours The Primate having delivered the message without delay the Arch-Bishop replyed that in conscience hee was bound to the first and in duty and obligation to the second but he feared his weaknesse and passion would not lend him eyes to behold his last departure The next morning at his coming forth hee drew neere to the arch-Arch-Bishops lodgings and sayd to the Lievetenant though I doe not see the Arch-Bishop yet give me leave I pray you to do my last observance toward his roomes in the meane time the Arch-Bishop advertized of his approach came out to the window then the Earle bowing himselfe to the ground my Lord said hee your prayers and your blessing the Arch-Bishop lift up his hand and bestowed both but overcome with griefe fell to the ground in Animi Diliquio The Earle proceeding a little farther bowed the second time saying Farewell my Lord God protect your Innocency To this relation the Lord of Canterbury added that it might perhaps seeme an effeminacy and softnesse unbecoming him to bee so cast down but hee hoped by Gods Assistance and his own Innocency that when hee came to his own Execution which hee daily longed for that the world should perceive hee had beene more sencible of the Lord Straffords losse then of his own and good reason it should bee so said hee for the Gentleman was more serviceable to the Church Hee would not mention the State then either himselfe or any of all the Church-men had ever beene And that there may bee a slaughter-Goat for the sinnes of the people in Scotland to wait upon this report they have fained another of the same meale that the Arch-Bishop of Canterbury casts back all his misdemeanors upon the Bishop of Ross as if either the Lord Strafford had beene tutored by the Ach-Bishop or hee by the Bishop of Ross in the King and Countryes service I did think that both of them had past their pupilage and could not have beene bended to execute the directions of any man living but only their own Masters but this is a faire advertisement to the Bishop of Ross to make himselfe the scape-Goat Hâ—â— fugenate Dâ—o Give me leave to adjoyne one thing more when hee was marching to the Scaffold more like the Generall in the head of an Army to breath victory then like a condemned man to undergoe the Sentence of Death the Lievetenant of the Tower desired him to take Coach for feare the people should rush in upon him and teare him in pieces No said hee Master Lievetenant I dare looke death in the face and I hope the People too have you a care that I
they be abrogared by ensuing Parliaments that hee restrayned no man from importing Tobacco who was willing to pay the appointed Impost that for his part hee had never Traffict in all his time in that kinde nor had any part with the Contractors And if any Tobacco was seized on it was upon Contempt of the Proclamations And if any Person were censured to the Pillory or Whipping it was for known Perjury the ordinary and usuall punishment in such a Case Concerning the Tobacco imported hee said no consideration was taken of the prices given for the Tobacco beyond Seas of the Kings Revenue of foure thousand pound of the Merchants paines and danger bringing the same home For his part if any advantage were made surely it was not his nor could hee annull every Contract or Lease made by the King And therfore seeing his interest was none hee had done nothing but at the Kings directions and at the advice of the Councell-Board seeing the same Impost was in King James his time and Petitioned for by themselves in Ireland Hee hoped the carriage in the businesse should bee so farre from a Crime of Treason that it should rather be thought no Crime at all So much for Wednesday Upon Thursday hee was Charged with the twelfth Article Thursday Artic. 12. Charge by Maynard concerning Flax by Master Maynard on this manner That the Flax being the native and principall Commodity of that kingdome was by him the Lievetenant restrayned and the Subjects put to that which was unknowne yea impossible for the Irish to make the same into Yarne here they complayned of three things First That by Proclamation hâ—e had restrayned selling of Flax. Secondly That hee had ordered the making of Yarne of such and such lengths and numbers of threds Thirdly That the Native Irish being unacquainted with such Customes upon a pretended disobedience had all their Flax and Yarne seized on to his use whereby a great many families were reduced to such pennury that they died by great numbrrs in the fields for want of foode For proofe hereof they brought First The Proclamation about the Restraint Secondly The Warrant for seizing the forfeited goods Thirdly The execution of this Warrant proved by Sir John Clotworthy Lord Ranelaugh Fourthly The Remonstrance from the house of Commons in Ireland That upon the rigorous course and execution of this Warrant many Persons died for want of foode They concluded the Charge therefore Though the Article did not individually imply Treason yet it did make very much for the Accumulation of Treason The Lievetenants Reply was That as before he would and must ever repeate it that nothing Straffords Reply was in the Charge that conteined Treason To the matter it selfe hee answered First That the Proclamations issued forth were grounded not only upon convenience but upon necessity because that except some way had beene taken for ordering of Yarne the Merchants had absolutely given over the Linnen-trade in that Kingdome Secondly That the Councell-Board was as lyable to the Charge as himselfe amongst whom were at that time the Primate of Ireland the Arch-bishop of Dublin Chancelor Loftis and the Lord Mount-Norris all subscribers to the Proclamation men to them of known integrity and judgement Thirdly That nothing was more common then for the Councell-Board of Ireland to give out Orders for reducing the natives to the English-Customes and to fine them for drawing their Horse by the tayles during their Corne and such like and hee conceived that to bee a thing of the same nature Fourthly That the speciall thing inducing him to it was because hee perceived the trade of Wooll to increase much in that Kingdome He disswaded by all meanes the making of Woollen-Cloth because of the infinite detriment that might happen thereby to the Kingdome of England and therefore thought this the best way to encourage the way of Linnen cloth For the Warrant to seize upon the goods hee affirmed the same to bee necessary because there should be no contempt to Proclamations But that any part thereof did accrue to him he flatly denied If any rigour was used in the execution hee said not hee but his Officers were to answere for it for this might happen in the most just and necessary commands nor was there ever any complaint presented to him of any such matter For his part hee had lost thirty thousand pounds in the Manufacture established by himselfe for the encouragement of others To that that Persons died by this meanes hee Replyed that it was more then ever hee heard or could thinke possible yea that hee was cleered by the allegation it selfe which saith that the same happened since his comming from Ireland To the Remonstrance of Ireland Hee conceived that a Charge was but a slender proofe of a Charge and that especially upon Interrogatories not upon Oath seeing that priviledge was not due to the House of Commons neither here nor there that hee might say it in truth and modesty hee deserved much better of that People and might take up that in the Gospell For which of all my good Deedes c. Yet hee hoped to bee better understood shortly both here and there And for his part though his pursuit had beene very hot yet God was his witnesse hee never intended to take the least Impression of Revenge for those discontents and affronts which had beene eagerly put upon him or to carry any thing hence with him from that Barre where so many foule Aspersions had beene unjustly throwne upon him but only Gratuitas Cicatrices The same day a fresh man Master Palmer entred the Lists against Charge by Mr. Palmer latter part of the 15. Article seizing laying soul diers upon the Subjects him who having past by for warit of proofe the thirteenth fourteenth and part of the fifteenth Articles insisted only upon the second part for giving Warrant to Sarjeant Savill for seizing and laying Souldiers upon the Subjects hee Charged thus That the Lord Strafford having by a Tyrannicall Power inverted the ordinary course of justice and given immediate Sentence upon the Lands and Goods of the Kings Subjects under pretence of disobedience had used a Military way for redressing of the Contempt and laid Souldiers upon the Lands and Goods of the Kings Subjects to their utter ruine This Article hee said of it selfe did conteine an individual Treason so that if there were no more then this it were more then sufficient to convince him of his Impeachment Here hee offered two things First The proofe of the point Secondly By what Statute this Act of Tyranny directly and by it selfe implyed Treason For the first Sarjeant Savill was called who produced the copie of the Warrant upon which hee had setled the Souldiers At this the Lievetenant rose and humbly intreated the Lords Straffords Reply no evidence should be received against him upon an Article of such importance but what might bee thought authentique and such a one under fauour hee conceived that
of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged to be his bosom friend yet had thoughts of his own and might have some other thoughts in his bosom and be to some other Expressions then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse and in Law can prove nothing add to this said he that it was a private discourse between him and me and perhaps spoken by me tentandi gratia and how farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own conceptions or craving the advice of wiser and learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star of Hen 7. 12. and of Edw. 6. 5. Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councell which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candiâ—è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a praecedent take footing Westminster-hall shall be more troubled with Treason then with Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly altered the Antecedents were upon an absolute or inevitable necessity upon a present invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is hee not publicus Inspector Regni Stands it not him in hand to do somthing on present
That by such undutifull Councell and words hee had given more then sufficient proofe of his Designe and purpose to subdue this Kingdome and subvert the fundamentall Lawes and priviledges of the same The Livetenants Reply First That he had expected some proofs about the two Straffords Reply first particulars but did heare of none and that it was no small disadvantage to him to bee charged with a great many odious crimes by a booke printed and flying from hand to hand through the whole Kingdome yet when they came to prove there should bee no such thing layd against him Secondly About the Speeches Hee ingeniously confessed that some such thing might perhaps have escaped the dore of his lipps when hee saw their backwardnesse to his Majesties service and as the times were 〈◊〉 conditioned hee did not think it much amisse to call that faction by the name of Rebells But yet hee thought hee had abundantly satisfied for that oversight if it was any at Yorke For having understood there that the Citty of London were willing to make a Loan of mony he there before the great councell of the Peeres expressed himselfe to this sence That the Londoners had sufficiently made up all their delayes hitherto by their Act that the King was obliged to their forwardnesse and that hee himselfe should bee as ready to serve them as any poore Gentleman in England About the other words hee said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earle of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinall had given some such order as to leavy mony by forces This hee said hee only told the Lord Cottington standing by without the least application or intention concerning the English Affaires Cottington being examined upon this declared the same in the same manner Thirdly To Sir Ralph Freeman hee said that his testemony did not concerne the Charge at all nor did hee think any thing amisse in it though hee had said it if the servants of the Mint refused to worke according to directions they did deserve the house of correction nor was it Treasonable to say the King might use that house for the correction of his servants as well as any man in the Citty for theirs Fourthly Hee said that there was no great likelyhood that hee had committed reall Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had beene fully verified and therefore in that as in all other Articles hee reserved a power for his Councell to dispute in matter of Law They went to the twenty seveneth Article and charged thus That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England hee shewed what Principles of Arbitrary government lurked within his bosome for by his own immediate authority without and against Law hee had layd Impost of mony upon the Kings Subjects where they mention three particulars First That hee had imposed 8. d. per diem upon the County of York for enterteining the trayne Band there one whole Moneth Secondly That hee had sent out warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That hee said that it was a Crime nigh to the Crime of high Treason Not to pay the same Fourthly They added that in his generall Replyes hee had brought two things for his defence first that this mony was freely and Voluntarily offered by those in Yorke-shire secondly that the great councell of the Peers had notice of the same To the first they answered that a petition was indeede preferred by the Yorke-shire men and a Moneths pay offered but that the Lord Strafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way To the second they appeald to all the Lords present whether any such order did passe before the Councell of the Peeres at Yorke The Proofs were First A Warrant issued by Collonell Pennyman for this mony and anorher by Sâ—r Edward Osborne Secondly Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order and withall added that it might have passed at that time when heâ— attended at Rippon Thirdly Master Dunston who declared that hee had known that mony Levyed by some Musquetiers Fourthly By Sir William Ingram who declared that hee had heard the Livetenant say that to refuse the same came nigh to the Crime of high Treason They concluded the Chrage that by these particulars It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome and subvert the fundamentall Lawes and priviledges First To the Petition That it was a true Petition drawn Strafford's Reply up by the York-shire Gentlemen and as true that hee had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties comming to York it was thought necessary for the defence of that County to keep the Trayned Bond on foote because the Enemy was upon the borders and therefore the King directed him to write to all the free-holders in York-shire to see what they would do for their own defence The time and place were designed by the King but the night before the meeting a small number convented and in a private and factious way did draw up that petition upon the morrow at their appointed Dyet in presence of the whole number the Petition was presented to him where hee did advise them to leave out that clause and that because hee knew the King out of his own gracious disposition had intended to call a Parliament which he desired should rather be freely done then upon the constraint and Importunity of Petitions moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence and withall to petition for his favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of mouth to offer unto the King the moneths pay in their names which hee did accordingly in the presence of fortie of them to their no small advantage This hee proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savill Sir Thomas Danby who all of them declared as much in ample termes and withall added that nothing was done upon better grounds of necessity and obedience then the offer of that money and that they never had heard any man grudge against it to this time For the second about the councell of Peeres hee alleadged that hee never made mention of any order of theirs but hee remembered very well it was twice propounded before them that the King had approved it at that time
to the Judicatorie that was sitting and not at all to meddle with the matter of fact The Lievetenant Replyed That in all humility hee did acknowledge that favour from the Lords and that it was such an one too as hee could not but expect from such Honourable Peeres and Just persons in whose integrity and goodnesse under that which hee had placed above hee had reposed his chiefest confidence for his councell they knew much better then himselfe what concerned the point of Discretion and Reverence and that hee doubted not but that they would give all satisfaction and obedience Then his Councell were called to the Barre Master Lane the Princes Attourney Master Gardiner Recorder of London Master Loe and Master Lightfoote Master Lane spake and much to this Sence and Purpose My Lords there is an heavy Charge lyeth on me and my fellowes nothing lesse then to defend the life the estate the Reputation yea the posterity of this Honourable person at the Barre If therefore wee shall bee more pressing we hope your Lordshipps will interpret this our forwardnesse to bee for Honour and Conscience sake in a matter that concerneth both so neerely But it shall bee our endeavour to carry our selves with our best respects to your Lordships and withall content and satisfaction to the honourable House of Commons and because your Lordships mentioned the matter of fact one thing I dare bee bold to say that all the time of this Noble Lords defences hee did not so much as crave any one of our opinions yea or acquainted us with any thing that tended that way And for the matter of Lawe those Statutes cited by himselfe were none of our stock but taken up at his owne adventure Nor doe I speake this to derogate from the pertinency of those Statutes for they shall be the subject of my discourse but that the Noble-man be not disappointed of your right conceptions and his own due praise My Lords It is your pleasure we meddle not with matter of Fact and indeede we neede not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Lawe doth so naturally arise out of the matter of Fact that of necessity under your Lordships favours wee must somewhat grate on this if we speake of that nor doe I conceive it possible for us to speake advantageously enough for the Lord Straffords just defence unlesse the whole matter of Fact be determined eyther as proved or not proved or at least some states of questions agreed upon where we may fixe and settle our Agreements and therefore it is my Lords that I have chosen not at all to touch the matter of Lawe untill your Lordships shall be pleased to chalke me out a way unlesse it be to cleere your judgements in one Statute only viz. 25. Ed. 3. because when the same was alleaged by the Lord Strafford in his owne Defence that not being convict of the Letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their own ends My Lords I will first speake of the Statute it selfe and then of its Salvo or Provision The Statute is That if any man shall intend the death of the King his Queene their Children Kill the Chancellor or the Judge upon the Bench imbase the Kings coyne or counterfeit the broad-Seale c. hee shall be convicted and punished as a Traytor that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged nor indeede it cannot bee with any reason All that can be said is that by Relation or by Argument a minore admajus he may be drawn thither yet that this cannot bee I humbly offer these considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a contradiction to themselves and be no more Declarative-Lawes but Lawes of Construction or Constitutive Secondly This is a poenall Lawe and such if our grounds hitherto unquestioned hold good can admit of no Constructions or Inferences for poenalties are to perswade the keeping of known Lawes not of Lawes conjecturall ambiguous and by consequence which perhaps the most learned may not in their disputes question much lesse the Subject who is not oblieged to interpret the Statute doubt of in the point of obedience yea rather without any doubt hee is to obey the Letter of the Statute and conceive and that truly that hee is not lyable to the Poenalty Thirdly We have a notable Lawe 13 Eliz. Cap. 2. whereby it is declared that the bringing in of Bulls from Rome to stirre up the Subject to Mutiny and Rebellion shall bee punished as Treason Now if by interpretation or by consequence this sence might have beene thrust upon the praeceding Statutes the making of this had beene supersluous yea the Persons then charged with that Crime might have beene impeached of Treason even before the making of this Act. Anno 21 of Ed. 3. Wee have a Statute declaring That for a servant to kill his Master is an Act of Treason and in the three and twentith yeere of the same King a Processe of Treason was framed against a man for killing his Father grounded upon the same Argument A minori admajus But it was found and the Sentence is yet in the Records that although in the 21 yeere of Ed 3. that Argument might have beene admitted yet in the 27 it could not by reason of the Declarative Lawe interveining in the 25 yeere and this Case comes very home to the point in Lawe My Lords I will not demand what kinde of offence it may be for a man to subvert the fundamentall Lawes of a Kingdome the Crime doubtlesse is unnaturall and Monstrous and the punishment must keepe the same proportion only I presume to offer these few things to your Lordships considerations First That one or more Acts of Injustice whether maliciously or ignorantly done can in no sence of Lawe be called the subversion of the fundamentall Lawes if so as many Judges perhaps so many Traytors It is very incident to mans nature to erre nor doth the Lord Sttafford pleade his innocency in oversights but in Treason Secondly I doe remember the Case of John de la Poole Duke of Suffolke this man in the twenty eighth of Henry the sixt was Charged by the house of Commons with Articles of Treason and those too very like to these against my Lord Strafford 1. That he had given the King bad advices 2. That he had embased his Coyne 3. That he had cessed men of warre 4. That he had given out summary Decrees 5. That he had Imposed Taxes 6. That he had corrupted the Fountains of Justice 7. That he had perswaded the King to unnecessary warre and to the giving over of
praejudiciall unto my Lord Strafford First In that they should suppose that to be done which is not proved to be Secondly That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate one from the other Thirdly That it is the course of all Judicatories first to settle the Verdict and upon that to fixe the Arguments otherwise hee could conceive no possible way of proceeding And therefore in the Lord Straffords name he most humbly entreated that the Lords would either wholly determine the matter of Fact or whether Treason or not for then all other proceedings in Lawe were unnecessary but whether done or not done or else to give them some States of the question whereunto they might confine themselves Upon this motion the House was adjourned for that day nor hath it met since for the House of Commons are turned to their old bias and will heare of nothing but the Bill of Attainder but the Lords seeme to be more resolute then before because they finde that they have no Authority to declare a Treason in a fact already past the Salvo of the twenty fift of Edward the third being Repealed withall that if the Bill of Attainder should proceede the King hath as great power to hinder that at the last blow as any other Stat. but I hope the Lords will disburthen him of that envie All they which stand oblieged to the Lord Strafford in blood affection or deserving and all who have beene interessed with him in the Kings service and many too who both hate his person and dislike his proceedings will doubtlesse looke to it and tender their owne safety all of them in likelyhood being subject to the Charge of Treason if ever they chance to be called to doe the King service in any place of importance I cannot expresse how much the voice of the multitude is now altered from what it was lately nothing now talked of what should be done but only of what must be done so that if the Lord Strafford dies his very enemies will confesse that it is done more for necessity then for Justice and rather for the satisfaction of rancorous apprehensions then for any guiltinesse in the Cause Thursday last viz. Aprill 29. was designed for the Agitation Thursday of the long intermitted busines concerning the Lievetenant And the way was this The Lords did meete at the great Hall at Westminster about nine of the clock not in their Robes nor did the Lord Steward The foâ—mality â—f a conference sit upon his sack but with the rest promiscously nor did the Committee for the House of Commons stand at the Barre but sat with the rest of their fellowes and the Earle of Strafford sat behinde the place where he used to sit before The reason of these changes were because the Diet was appointed not for a meeting but for a Conference so curious are we and that 's all about formalities The King Queene and Prince were there according to their custome not a man spake a word in the house all the time but only Master St. John the Kings Sollicitor one of the Committee whose drift and purpose was to furnish the Lords with reasons why the House of Commons had proceeded with a Bill of Attaindor And withall to reply to what the Lord Strafford had spoken eyther by himselfe or his Councell in matter of Lawe The Speech is in Print If it were not without my Sphere to give my opinion of Master St. Johns speech it should be this That he spake little or nothing to purpose except in his fift or sixt Arguments and in them I beleeve without his booke if not I should conceive it better and safer to live under the Lawes of any other Nation then these of England where all Lawe is at last resolved into an Arbitrary power and that by these very men who so much elsewhere enveigh against it Of the Presidents which seeme to pinch hardest many of them were since the Proviso Repealed which is an Argument in my apprehension of the pleaders penurie others nothing to purpose as that of Felony c. to the other few if Lawyers can give satisfaction I am confident Master St. John did rather advantage then hurt the Earle by his pleading The next news which we expect to heare is with what Resolution he went out of this World for it is concluded amongst the major part of his Judges that one must die for the people It were well if the blood of one two or three could satisfie The Bill for certain is past the higher House to which 't is thought the King will be perswaded to give way The Scaffold is built upon the Tower Hill God grant him mercy for his other sins and I hope he will easily answere that of Treason He dies as we heare upon the twenty third Article for the words attested by Sir Henry Vane though his Majesty publiquely protested the words were never spoken by him Upon the close of Master St. Johns speech the House dissolved nor was there a word spoken but by Master St. Johns only the Lord Lievetenant used the last part of his Rhetorique and by a dumbe eloquence Manibus ad Syderatensis all along Master St. Johns speech made his Replies with a deepe silence Upon Friday he Petitioned the Lords to be heard againe and that because his Lawyers had not fully spoken at their last meeting but this was denied him because the House were to have the last speech nor were they content to speake againe Upon this information or what else is not known the King it seemes fearing the Inconstancy of the Lords came to the House on Saterday at ten of the clock and having called for the House of Commons spake much to this effect THAT Hee had sincerely without Affection The Kings speech to the House of Commons or Partialitie endeavored to informe himselfe concerning the Livetenants Charge and had at length seriously pondered with himselfe both concerning the matter of Fact and the matter of Lawe and now it stood him in hand to cleere their judgements then to exonerate his own Conscience For them Hee had two things to declare First That there was never such a project nor had the Lord Strafford ever offered such advise for the transporting of the Irish Army into England so that in nothing the Livetenant had beene more misunderstood then in that Which imputation did in no small measure reflect on himselfe the King as if he had intended to make War upon his own good Subjects which thought he said was farre enough from his brest nor could any man in probability thinke so unworthily of him who had perceived how graciously he had dealt with his Subjects elsewhere that had deserved a great deale worse Secondly That the Lievetenant had never advized him to establish an Arbitrary Government nor if he had should he have escaped condigne punishment nor would any of his good Subjects ever
doe not escape and I care not how I die whether by the hand of the Executioner or the madnesse and fury of the People If that may give them better content it is all one to me It is but diminutive to call it a wonder it is something above that his thoughts and expressions should be so present with him no more putrifaction in them then if he had beene about some ordinary businesse His Alacrity his Devotion did amaze yea teare in peeces the hearts of all those about him who had the least Grace or Humanity in them Too much Perfection indeed to be lost at one blow but this Age was not worthy of it nor shall any after Age I thinke ever enjoy the like that only which is possible is the object of the will and therefore I will not endeavor to find out words for expressing this wonder of the times only I leave his virtues to speake the rest to the Admiration of Ours and Compassion of succeeding Ages A Letter to a Friend Beleive me Sir This blessed departure of his hath put me in love with Scaffolds more then death bedds Let it bee my Pâ—radox if not Propheticall to me that it is the best kind of Dissolution provided there bee Innocence to uphold the Conscience And with good men at least to mainteine the Reputation afterwards Heere you are attended with the Pregnancy of Judgment and Memory not weakned nor clouded with tedious and giddy sicknesses Heere you have a time praefixed and must of necessity concentricate your selfe and your best resolution elsewhere nature is unwilling to find a Suspension abhorring its own Destruction Imo quam multos in medio scelere mors occupavit medium secuit crimen Here a moment ends the Payne which parhaps not 7 Apprentiships elswhere and here if any where we find pitty yea deservings both with God and good men but he that sent vs hither must prescribe us the way of our returne Upon that very day of the Execution in the afternoone Abyssus abyssum invocat Blood calls for blood there hapned a conflict betwixt the Scotts and English Army no certaine number yet reported nor what occasion some say six score some three score Scotts some twenty some thirty English only the matter it selfe was represented by the Generall the Lord Holland upon a letter from Sir John Conniers to the Parliament upon Friday with a mighty regret that hee had beene appointed for peace but that unhappy rub had fallen out much contrary to his desire The King sent a letter the day before the Execution by the Prince to the uper-house desiring the Rigour of that Sentence might bee remitted but it was sent back unbroken up for feare either to refuse the King or discontent the people God forbid his Majestie should give so slender an eare to their Petitions The Lord Straffords Children are restored to all his estate and if they petition for it shall bee to his Honoures too the House of Commons have beene as forward in this as any else whether to make some recompence to them or to give proofe to the Nobilytie least they shauld bee scared by the example that not so much the meanes as the man was aymed at But it will be a question whether they can restore that head too when the Kingdome shall neede its service It is to bee feared that his great Abilites will shortly bee more understood by our want of them then our fruition so darke is mans understanding in Preserving that which is virtuous and usefull amongst us Virtutem Incolumem odimus The Earle of Straffords Letter to his Majesty IT hath beene my greatest griefe in all my troubles to be taken as a person that should endeavor to present and set things amisse betweene your Majesty and your People and to have given Councell tending to the disquiet of your Majesty and your three Kingdomes Most true it is that such an attempt my private condition considered had beene a great madnesse seeing through your gracious favour I was so provided as I could not expect in any kinde to mend my Fortune or to please my minde more then by resting where your bounteous hand had placed me nay the businesse is most mightily mistaken for unto your Majesty it is well knowne that my poore and humble advices concluded still in this That your Majesty should never be happy till there were a right-understanding procured betwixt you and them no other meanes to effect and settle this happinesse but by the Councell and Assent of the Parliament and no way to prevent the growing evills of this State but by puting your selfe entirely upon the Loyalty and good-Affection of your Subjects Yet such is my misfortune the Truth finds little credit the Contrary it seemes generally beleeved and my selfe reputed the Cause of this great separation betwixt you and your People Under a heavier Censure then this I am perswaded no Gentleman can suffer and now I understand that the mindes of men are the more incensed against me notwithstanding your Majesty hath declared That in your Princely opinion I am not guilty of Treason nor are you satisfied in Conscience to passe the Bill This brings me into a great Streight Here is before me the ruine of my Children and Family hitherto untouc't in all the branches of it with any foule Crime Here are before me the many evills which may befall your sacred Person and the whole Kingdome should your selfe and the Parliament be lesse satisfied the one with the other than is necessary for the King and People Here are before me the things most valued most feared by mortall men Life and Death To say Sir there hath not beene a conflict within me about these things were to make my selfe lesse man then God knowes my infirmities will give me leave and to call a destruction upon my selfe and my yong children where the intentions at least of my heart have beene innocent of this great Offence may be beleeved would finde no easie consent from flesh and blood But out of much sadnesse I am come to a Resolution of that which I take to be best becomming me that is To looke upon that which is principally to be considered in it selfe and that is doubtlesse the prosperity of your sacred Person and the Common-wealth infinitely to be preferred before any mans private interest And therefore in few words as I have put my selfe wholly upon the Honour and Justice of my Peers so cleerely as I wish your Majesty had beene pleased to have spared that Declaration of yours on Satterday last and to have left me entirely to their Lordships So now to set your Majesties Conscience at Liberty I doe most humbly beseech You for the preventing of such mischiefes as may happen by your Refusall to passe the Bill by this meanes to remove praised be God I cannot say this accursed but I confesse this unfortunate thing forth of the way towards that blessed Agreement which God I trust shall for