common equity would excuse him In the afternoone it was reported that he was dead of which Report of my Lord Sâ—raffâ—rd's deaâ—h there can be no better reason given then the Humor and Genious of the times that dally with nothing oftner then untruths and calumnies And certainly there are many men of shallow understanding and weake affections who eyther will not or cannot understand the Gentlemans worth but out of fearefull and needlesse apprehensions are so desirous to heare of his ruine any way that their busie tongues will dare to anticipate the stroake of Justice Master Glyn proffers new proofes concerning the two and twentith Article Upon Satterday morning he presented himselfe at the Barre Satterday where he expected nothing but repetitions of Charges and Defences but meane while Master Glyn proffers some new proofes concerning the two and twentith Article which the noble Lord refused alleaging the Processe was closed Master Glyn answered the Processe is not closed as long as the businesse stands unrepealed And that it did not become a Prisoner at the Barre to prescribe a Method of proceeding to the House of Commons in England It was answered by the Lord Lievetenant that he thought it stood him in hand as neerely to maintain his life as it did any to pursue him for it yet he was willing they should bring in new proofes provided that he might have time to make new Replies and withall use some new witnesses in some Articles that concerns his justification The Lord Newarke upon these motions desired rhe House might be adjourned after two houres stay and a hot conflict among the Lords they returned and the Lord Steward commanded the Order to bee read which consisted of two Articles First That it was granted unto them to bring in proofes concerning the two and twentith Article so it was to the Lord Strafford to make his Replies and use his witnesses concerning the same Secondly That if they went to no more Articles no more should the Lord Strafford but if they did that hee might pitch upon any one Article as he pleased The House of Commons presently declined all other Articles and conceived the Order expresly for them restrayning him from all other Articles except that only He conceived the Order was for him and said that seeing they had pickt out their Article it was against all common Equity to tie up his hands and not admit of a common rule for them both They replyed that when the Article was canvased they reserved witnesses till another time Hee answered that he had done the same upon every Article They Replyed that the House had refused his Reservation He answered nor had they passed an Order for theirs Upon this new contestation the House rose againe and was adjourned It is supposed that the House of Commons had the better ground because they had particularly named their witnesses in their Reservation The Lord Strafford not so they pressed but one Article hee many But such was the pleasure of the Lords that though the matter did not deserve to bee much stood upon yet after two houres vehement agitation of the businesse in the upper-house they returned and the Order was in his favour to this effect First That both of them should wave their new ptoofes and goe immediatly to that which followes Secondly If they would not doe so the Lords conceived themselves common Judges to both and therefore would not deny Strafford the liberty of pitching upon what Article hee pleased as they had done Thirdly That both of them should name their witnesses at the Barre instantly The Commons were much grieved at this yet desired him to nominate his witnesses if he would make any benefit of the Order He answered that he would nominate after them because they were first in order they replyed that he knew their Article they not his He said hee was to bring proofes about the second fift thirteenth and the fifteenth Articles and did desire them that they would now proceede to nomination But they told him they could not embrace the Order without advice of the whole House then on a suddaine a mighty noyse followed of the whole House Withdraw Withdraw and was in so uncouth and tumultuous a confusion that it produced both admiration and feare in the beholders wherein we might easily feele the pulse of a distempered State both the Houses brake up not apointing so much as the next Diet each mans countenance spake anger and discontent and nothing sounded in our eares all Sunday but terrors and affrightments of a present division and breach between the two Houses That the House of Commons would declare him a Traytor and all such Lords too as were his adherents That he should be no more heard in publique That though parties and not his Peeres they would vote in his Sentence Munday spent in a conference betwixt botb Houses That a Bill of Attainder should presently be drawn up against him and that nothing could content them but present execution Big words flew up and down all Monday That whole day was spent in a conference betwixt the Houses without any meeting in the Hall but the Lords who had learned as it seemes to force their owne ruine by his misfortune and now conceive that Monarchy and Nobility are of such Identidy that one and the same is the diminution of both kept fast to their conclusion and would not passe from their Order notwithstanding all the many dangers represented so that the house of Commons were constrained at last to give way and embrace the first part of the Order by waving witnesses on both sides This hath beene no small discouragement to his Enemies for a more reall Demonstration of his party amongst the Lords could not have beene shewn Upon Monday some of the Lords went so high in their heate as to tell the House of Commons that it was an un-naturall motion for the head to be governed by the tayle That they hated Rebellion as bad as Treason That the same blood that ennobled their Ancestors did move also in their veines and therefore they would never suffer themselves to bee suppressed by a popular faction After a great deale of storme all was as well as might be soadered up againe and Tuesday appointed to be the day for the Lievetenant to resume his Defences for then their Charge without any more proofe to be used on eytherside Upon Tuesday the Lord Steward at the entrie told them the Tuesday Lords had Ordered that both their testimonies should be waved that they should proceede immediatly to what followed so that that day might put an end to what concerned the matter of Fact The Lord Lievetenant Replied That in all humility and obedience Straffords Reply he would submit himselfe to that or any other their Decrees whatsoever though it should reach as farre home unto him as his owne life but withall humbly begged That if hereafter hee should be troubled for they were to speake
A BRIEFE AND PERFECT Relation Of the Answeres and Replies of THOMAS Earle of Strafford To the Articles exhibited against him by the House of COMMONS on the thirteenth of Aprill An. Dom. 1641. LONDON Printed 1647. To the Reader READER HAVING imployed the Author of this Tteatise to make these Collections for my private information And finding them to bee beneficiall for the Publique I durst not wrong Posterity and my owne Conscience to conceale them for my owne use without imparting them to the good of others For the solemn-Triall therein described is so Paramount in the Equipage of all Circumstances that as former Ages have been un-able so future are un-likely to produce a paralell thereof As for the Person himselfe who as a cunning Master of Defence waved the thrusts of such skilfull and powerfull Adversaries Take his Character in this Bookefrom his owne Mouth seeing otherwise whatsoever may be spoken of him is beneath what was spoken by him So that instead of other Monopolies laid to his Charge hee may seeme most guilty of ingrossing so much Worth and Ability into his owne Bosom Behold here a Garden of the most and best Varieties wherein points of Lawe are interwoven with Acts of State and the affaires of Ireland as in the same Fscutcheon quartered with those of England Herein nothing false is Reported nothing triviall is Observed nothing memorable is Omitted for the Net of his Diligence was so cunningly and carefully spread over all the Transaction that if any passage escaped his notice it may bee concluded so small as inconsiderable to bee observed The Paines in Collecting Care in Preserving Cost in Publishing this Treatise are abundantly satisfied if my sincere-Intentions for the propagation of the Truth be welcomed with thy cordiall and candid acceptance thereof Thine S. R. THE Proceedings against THOMAS Earle of Strafford Lord Lieutenant of Ireland in the Parliament at Westminster An Dom. 1641. SIR YOu have here the Diurnall of the whole Processe against the Lord Lieutenant of Ireland it was taken by the hand of a ready writer a faithfull eare and an understanding head He was present at all the action and I make no doubt of the fidelity of his Relation Which beginneth thus THE House for the appearance of the Lord Lieutenant was the great Hall in Westminster where there was a Throne erected for the King on each side whereof a Cabinet inclosed about with boards and before with a Tarras Before that were the seats for the Lords of the upper House and sacks of wooll for the Judges before them ten stages of seates extending farther then the midst of the Hall for the Gentlemen of the House of Commons At the end of all was a Deske closed about and set apart for the Lord Lieutenant and his Councell On Monday morning about seven of the clock he came from Monday the Tower accompanied with six Barges wherein were one hundred souldiers of the Tower all with Partizans for his guard and fifty payre of Oares At his landing at Westminster there he was attended with two hundred of the trayned-Band and went in guarded by them into the Hall The entries at White-Hall King-streete and Westminster were guarded by the Constables and watch-men from foure of the clock in the morning to keepe away all base and idle persons The King Queene and Prince came to the House about nine of the clock but kept themselves private within their Closets only the Prince came out once or twice to the cloth of State so that the King saw and heard all that passed but was seen of none Some give the reason of this from the received practise of England in such Cases Others say that the Lords did intreate the King eyther to be absent or to be there privately lest pretentions might be made hereafter that his being there was eyther to threaten or some otherwaies to interrupt the course of Justice A third sort That the King was not willing to be accessary to the Processe till it came to his Part but rather chose to bee present that he might note and understand what Violence Rigour or Injustice happened When the Lieutenant entred the Hall the Porter of the Hall whose office it is asked Master Maxwell whether the Axe should bee carried before him or noe who did answere that the King had expresly forbidden it nor was it the custome of England to use that Ceremony but only when the Party accused was to bee put upon his Jury Those of the upper House did sit with their heads covered those of the lower House uncovered The Bishops upon the Saterday before did voluntarily decline the giving of their Suffrages in matters Criminall and of that nature according to the provision of the Cannon-Law and practise of the Kingdome to this day and therefore would not be present yet withall they gave in a Protestation that their absence should not prejudice them of that or any other priviledge competent to them as the Lords Spirituall in Parliament which was accepted The Earle of Arundell as Lord high-Steward of England sat apart by himselfe and at the Lieutenants entrie commanded the House to proceede Master Pym being speaker of the Committee for his accusation gave in the same Articles which were presented at his last being before the upper House which being read his Replyes were subjoyned and read also the very same which were presented before in the upper House Some give the reason of this because the lower House had not heard those Accusations in pulique before others that the formality of the Processe required no lesse however that day was spent in that exercise The Queene went from the House about eleven of the clock The King and Prince stayed till the meeting was dissolved which was after two The Lieutenant was sent to the Tower by his Guard and appointed to recurne upon Tuesday at nine of the clock in the morning The crowd of people was neither great nor troublesome all of them saluted him and hee them with great humility and courtesie both at his entrance and at his returne therefore let fame pretend what it please about the malice and discontent of the multitude That if he passe the stroake of Justice they will teare hâ—m in pâ—eces yet I see there is more in Rumor then in Sight and appearance and in this Report as in all others of this nature more is thrust upon the vulgar who seeme as well fearefull of punishment as exempt from it for all their great number then they doe justly deserve On Tuesday in the morning hee came accompanied as before to Westminster and having stayed in the Exchequer Chamber Tuesday till nine of the clock the King Queene and Prince came as before upon the first day Then Master Pym being called for aggravated the Charge Pyms first Charge which was given the day before by a very ample Speech It is impossible to call to minde all the Hyperbolees the Flashes and superlative Expressions
number of supposed probabilities I leave it to your Lordshippes consideration to fore-see what may bee the issue of such dangerous and Recent Praecedences These Gentlemen tell mee they speake in defence of the Common-wealth against my Arbitrary Lawes give me leave to say it I speake in defence of the Common-wealth against their arbitrary-Treason for if this latitude be admitted what praejudice shall follow to King and Countrey if you and your Posterity bee by the same disenabled from the greatest affaires of the Kingdome for my poore selfe were it not for your Lordships interest and the interest of a Saint in Heaven who hath left me here two Pledges on Earth At this his breath stopt and he shed teares abundantly in mentioning his wife which moved his very Enemies to Compassion I should never take the paines to keepe up this Ruinous Cottage of mine it is loaden with such infirmities that in truth I have no great pleasure to carry it about with me any longer Nor could I ever leave it in a better time then this when I hope the better part of the World would perhaps thinke that by this my misfortune I had given a testimony of my Integrity to God my King and Countrey I thanke God I count not the afflictions of this present life compatable to that glory which is to be revealed in the time to come My Lords My Lords my Lords Something more I had to say but my Voice and Spirits fayle me only I doe in all humility and submission cast my selfe down before your Lordships feete and desire that I might be a Pharos to keepe you from Ship-wrack doe not put such Rocks in your owne way which no prudency no circumspection can eschue or satisfie but by your utter ruine and whether your judgements in my Case I wish it were not the Case of ye all be eyther for life or death it shall be righteous in my eyes and receaved with a Te Deum Laudamus and then he lifted up his eyes and said In te Domine confido nè confundar in aeternum This hee spake with an Imitable life and grace you have his very words as neere as I can remember only with so much losse and detriment as hath perished by transcribing the Coppy from his owne mouth But you desire impâ—rtialitie and indeede you have it and with some graines too of allowance for I was so affrayd of my own affection to the Gentleman that I rather bowed to the other extremity and therefore have set down his defences rather to his disadvantage by my rude pen then in the native colour to his eternall glory and the Confusion of his Enemies The Repetion of the charge did not spend much time they proceeded orderly Article by Article in the very same words and matter as before only there were some remarkable flashes that passed from Master Glyn who was the man in the time of their handling Hee told them that hee should represent the Lord Strafford as cunning in his reylys as hee had beene crafty in his Actions that hee waved all that was materiall and insisted only upon the Secondary Proofs that it was more then evident throughout all his charge how hee had endeavored to bring in an Arbitrary and Tyrannicall forme of Government over the lives the lands and liberties of the Kings Subjects yea had exercised a tyranny ever their consciences too by the oath administred in Ireland and though his Malicious Designes had taken no effect yet no thanks to him but to the goodnesse of the King and the Vigilancy of the Peeres had they pleas'd it had beene too late to have punished him for no rule of Law had beene left whereby to Censure him after the death and expiration of the Lawes And if the Intention of Gvido Faux might bee thought Treason though the House was not blown up then this Intention of his may admit the same censure Hee closed that throughout all his defences hee had pretended either warrants from the King or else the Kings Praerogative and what was this else but to draw up a cloude and exhale the Vapour for the eclipsing of the bright Sonne by the Jelousies or Repinings of his subjects if the strength of his piety and Justice should not dispell all these mists and send them down to their originall That the very standing and falling of these three Kingdomes stood upon this Processe All of which doe conceive their safety so farre intressed in his just punnishment that no setling of their peace or quiet could bee expected without this that rhey hoped the Law should never protect him who had gone about to subvert all Law Nor the Nobility who had the same blood moving in their veines by submitting themselves to his base Tyranny loose that priviledge and liberty which their Ancestors had bought with their deerest lives Though there was no Treason for his Stat was it the lesse Monstrous For there was none for so many hundreds of yeares that durstever adventure upon such Insolencies to occasion such a Statute And were not the fundamentall grounds and rules and government sufficient to rise up in Judgement against him without the making a particular Statute This hee said hee left to the dispute of the Law and concluded That seeing they had found out the Jonah who these many yeares had tossed and hazarded the Ship of the Common-wealth with continuall stormes and tempests there could no calmes bee expected but by casting him out into the Seas which in all Justice they must and doe expect from their hands who are intrusted by the body of the Kingdome to doe the same The Aggravation of the offence hee said hee had left to Master Pym who here spake that Speech which is now in Print It was a sport to see how Master Pym in his Speeech was fearefully out and constreined to pull out his papers and reade with a great deale of confusion and disorder before hee could recollect himselfe which failing of his Memory was nosmall advantage to the Lievetenant because by this meanes the house perceived it was a premeditated slash not grounded upon the Lievetenants last answer but resolved on before whatsoever hee should say for his own justification but the Lievetenant was nor suffered to Reply a word either to Glyn or Pym. Because the last word must bee theirs And so with Tuesday ended the matter of Fact On Thursday the dispute in Law is expected Upon Wednesday wee were bigg with expectation for the matter of Law having done before with the matter of fact but it seemes the house of Commons had perceived a great Defection of their party and a great increase of the Lord Straffords freinds in both the houses occasioned by his insinuating honest and witty defences and therefore they resolved of no more hearing in publique therefore it was thought upon by his accusers to draw up a Bill of attainder and present the same to the Lords whereby first the matter of fact should bee declared
to have been sufficiently proved and then in the matter of Law that hee had incurred the censure of treason for intending to subvert the fundamentall Lawes of the Kingdome for though said they hee cannot bee charged by Letter of Statute of the twenty fift of Edward the third yet hee is within the compasse of the Salvo whereby it is provided that the King and Parliament hath power to determine what is Treasonable and what not and that they were confident the Lords would ratify and approve of this Bill of theirs and give Judgement accordingly The motion was stoutly opposed by three great Lawyers all members of the House Seilden Holborne and Bridgeman who made it manifest that the Salvo 25 of Edward 3 was repealed and that no man could now be convict of Treason but by the Letter of that statute But being put to voice it was carryed for the Bill and a Committee appointed for to draw it up This gave occasion of much talke abroad and they who were otherwise the Lord Straffords enemies could not finde equity enough in the Bill of Attainder Some could not conceive what difference Imaginable was betwixt the Bill and the Charge presented before for in the Charge hee was accused of Treason and the Bill though they had no Legislative power seem'd nothing but an Affirmation of the same Others who would have the Bill understood of a Definitive sentence because it was consecutive to the Proofs were not satisfied but that it was against all practice that the Commons should give sentence upon the death of a peere And that it was against Common equity too that the party accusant should give the Judgement if the complayners were admmitted to bee Judges A third sort gave it out that this was no Sentence against the Lord Strafford but only a passing of a new act of Parliament about a matter not hitherto declared Treasonable but yet these doubted that by declaring the matter of fact to bee approved and applying the censure to it in reference to the Lord Strafford it would ever be thought a Sentence against him to blemish his own fame and the blood of his posterity Moreover that if they were about to make an new act it were strange to punish a man for the breach of such a Statute as was not yet extant in Rerum naturâ which should in reason referre only to future obedience And what is more strange though there were a new Statute yet by what Authority the Parliament hath or could declare any Individuall or Accumulative Act which is allready to bee Treasonable which must bee Treason by virtue of a Statute or else no Treason at all now there is none can bee brought except the twenty fift of Edward the third whereof the Letter of that Stattute cannot by their own Confession nor was not so much as once alledged against the Lord Strafford and for the Salvo or Proviso which they mainly insisted on the same stands repeald by two posteriour Acts of Parlyament You have the Mutterings of all sorts of People The Lords feâ—ring the proceedings as a beaten path troden out to the ruine of their own Lives and Estates told the house of Commons in their conference upon Thursday that they would go on the same way they did already and according to the order of the house give full audience to the Lord Straffords councell in matter of Law and that they themselves as competent Judges would by themselvâ—s only give Sentence in the cause nor was there any course suitable to the practice and Stat. of the Kingdome the safety of the Nobility or to Equity or Common Justice It was replyed by them of the lower House that they were resolved to go on with their Bill and if the same should bee rejected by the Lords they feared a Rupture and Division might follow to the utter Ruine and Desolation of the whole Kingdom that no content would be given to the subject and this was a strong Argument indeed yet better beseeming Partiality and violence then the pretended Justice and piety of the times unlesse the man who had so much intruded vpon their right and discontented the people might bee punished as a Traytor And for the practice of the Kingdome that no man had ever found such a Favourable hearing and that the Processe against Essex Norfolk and somerset were all of them closed up in one day Upon Friday the Lords gave answer that they could expect nothing from the House of Commons but what should tend to the peace and Preservation of the Kingdome nor was there a more forceable way then to preserve the Lawes and Customes thereof least innovation so much complained of by them might unhappily be found among themselves that the subjects should have all that Justice could afford but that an act of Injustice would never give satisfaction to the world nor safety to themselves the eyes of all forraigne States being fixed vpon the businesie now in agitation and the wisdome of our Nation either to bee much advanced or depressed by their Judgements in this case That the Processe against Norfolk and Essex for Somerset was convict only of fellony and had not so much Animad version to save himselfe by his Booke were for Direct and formall Treasons comprised in one or two Individuall Acts but this against the Lord Strafford only Arbitrary and Accumulative to bee pict out of the twenty eight Articles And therefore that it was impossible to have a full examination of them all to give Sentence against him And those noble men were charged with some Actuall breach of Statutes formerly made but heere a new Staute was to be made or else hee to bee found guiltlesse They concluded that they had given order for his appearance on Saterday And that in the great Hall at Westminster where the House of Commons might if they pleased bee present After some deliberation with the House the Conferrers answered that since the Lords had so resolved they would not deny to bee there present and to heare what his Councell could say for him but to reply any more in publique they neither could nor would because of the Bill allready past only if the Lords should take any scruple in the matter of Law they would bee ready to give them satisfaction by a private Conferrence so they willingly declined to doe what indeede they could not possibly doe that is to give publique satisfaction in the matter of Law Upon Saterday they conveened in the great Hall but they that were of the Committee for the great charge did not stand at the Barre as before but sat promiscuously with the rest of their fellowes so that a mouth was not oppened in the behalfe of the House of Commons all that day After they were set the Lord Steward told the Lievetenant that the Lords had resolved to give him a faire hearing in the matter of Law And therefore desired that the councell might keepe that distance Moderation and respect
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
told him that he himselfe did not use to admit of exceptions against witnesses and therefore was to expect the same measure Hee replyed that Master Pym might one day perhaps bee atached for perswading the House of Commons to commit the same Crime that was laid upon him as a Charge of Treason But for all this the witnesse was received because in matter of Treason a mans enemy may witnesse against him pro Domino nostro Rege Though I suppose the Kings advice was never asked for the present This was all that was done for that time On Thursday hee was charged with the second Expression Thursday That hee said Ireland was a Conquered Kingdome and that the King might praescribe them what Lawe he pleased Expres 2. This they aggravated as a prime note of his Tyrannicall will and affection that would permit no Law to bound the Subject but what himselfe and such as he might draw up by sinistrous informations from a gracious and well meaning Prince and if this were admitted the whole Power and Liberty of the Republique would be utterly lost To this hee replyed That neyther was the Expression in Straffords Reply those words nor in that sence spoken or meant by him The first part of it said hee cannot bee denied To the second that hee had said only That the King was the Law-giver which he hoped none could deny without incurring the Crime of Treason And that the Kings Sentence was a Law in matter not determined by Acts of Parliament which all but dsloyall Subjects would grant And that it had beene ever his endeavor to have the Liberty of the Subject and the Royall Prerogative follow both in one Channell If either of them crossed other we could expect nothing but a subversion of the Common-wealth eyther by Tyranny or Rebellion That the Praerogative was like the first the Liberty of the Subject like the second Table eyther both or neither can be preserved That in his duty hee stood oblieged first to the King as Gods Anointed then in the second place to his Countrey if it did not crosse the Regall Power And therfore hoped that what hee had spoken was so farre from being Treason that hee thought a thousand such Expressions would not make up one Felony On Friday the two other Expressions were followed That Friday hee said Hee would not suffer his Ordinances to bee disputed by Lawyers before inferiour Judicatories and that hee would make Express 3. 4. an Ast of State equivalent to an Act of Parliament To the first hee said that hee had often said more then once that hee would not suffer his Ordinance to be contemned because in him his Masters Honour was wounded To the second Hee thought a proportionable obedience was due to Acts of State as well as to Acts of Parliament otherwise they were made in vaine if that both did not bind in one kinde The Lord Corke though his mortall Enemy was now examined Corks two falls and admitted as a witnesse whom in his Deposition hee convinced of two shamefull oversights For Corke had declared 1 Interiyning upon his Oath That the Lieutenant had caused to bee interlined an Ordinance against himselfe and had caused some words to be scraped out which words were notwithstanding still found to be in the Sentence by an authentique Coppy under the hand of Sir Paul Davison Clearke to the Councell-boord of Ireland Then Corke alleaged That hee had advanced a Groome of 2 His Groome his to be a Preacher who by a testimony from the University of Dublin he verified to have beene a Master of Arts ten or twelve yeeres before his advancement Adding withall that my Lord of Corke was an excellent Scholler who was able to breede such Groomes Upon Satterday having done with his Expressions they canvased Satterday the first Article about his actions Against the Lives of the Kings Subjects both in the Case of the Charge 1. Lord Mount-Norris and also of another of the Kings Subjects both of whom hee had Sentenced to Death by Martiall Law contrary to all Lawe and to the manifest subversion of the Priviledges of Subjects Magna Charta and the Petition of Right To the Lord Mount-Norris his Case hee Replyed 1. That though that Sentence had beene un justly given and Strafford's Reply rigorously prosecuted against him yet the greatest Crime that hee could bee charged withall would but amount to Manslaughter or Felony at the most 2. That hee hoped though this were true to obteine a Pardon from his gracious Master the Kings Majesty as well as Conway and Sir Jacob Ashley had lately done for exercising Matiall Lawe in the Northern Army Then hee Replyed to all the parts of the Charge which were foure 1. That hee had exercised Martiall Lawe in time of Peace To this hee Answered 1. That all Armies have beene and must bee governed ever by Martiall Law 2. That there is a standing Army in Ireland and therefore the Case is all one in time of Peace or Warre And that the Army might bee undone if they should not use Martiall Law but were to expect Remedy for the setling of a Mutiny or assurance of obedience from the Common-Law 3. That it had ever beene the practise of the Deputies particularly of Wilmot Faulkland Chichester yea Corke himselfe and therefore was no new thing brought in by him This hee proved both by the production of the Military Ordinances and by divers witnesses who knew Sentences given in that kind by them 4. That hee had a particular warrant in his Commission for this Power 5. That in the Lord Mount-Norris his Case hee was commanded to exercise the same by the Kings particular Letter both which hee caused to be read The second Charge was That he was both Party and Judge Charge 2. in the Lord Mount-Norris Cause To this hee Replyed That hee had sitten in judgement because Straffords Reply he was one sine quo non the Judgement could not proceede without him but that hee was not Judge but Party appeared 1. Because he sate discovered all the time 2. Because hee refused to give his own Opinion 3. Because hee did not give his Suffrage one way or other 4. Because hee removed his Brother Sir George from haveing hand in the Processe in regard of interest of blood The third Charge was That he proceeded summarily in the Charge 3. matter of the Lord Mount-Norris Hee Replyed First that hee was not Judge in it and that the Councell of Srafford's Reply Warre was to be answerable in the justification of their owne Proceedings Secondly That after a long reasoning hee had heard them say that no delay could safely bee granted in Martiall Courts The fourth Charge was That he had not heard the Exceptions Charge 4. made by Mount-Norris against his witnesses To this he answered as before That he was not Judge in the Straffords Reply Case and that he remembers
Copy not to bee First Because no transcript but the Originall only can make faith before the Kings Bench in a matter of Debt therefore farre bee it from them to receive a most slender testimony in matter of Life and Death before the supreme Judicatory of the Kingdome Secondly If Copies bee at any time received they are such as are given in upon Oath to have beene compared with the Originalls which are upon Record such an one was not that Copy It was Replyed by Master Glyn for all of them spake as occasion Glyns Speech served that the House had but the day before admitted Copies as evidences much more should they doe this when it was prosecuted by the Officer himselfe who best knew it having executed the same To this the Lievetenant answered that all other Copies Straffords Reply ought to bee received upon Oath to have beene compared with the Originall as right reason requireth but that this was not so And for the Officer himselfe producing it that was the best Argument hee could use why it should not bee admitted For said hee Master Savill may bee charged with Treason for seising men of warre upon the Kings Subjects hee hath nothing for his defence but a pretended Warrant from me Now what hee sweares to my prejudice is to his own advantage nor can a man by any equity in the world bee admitted to testify against another insuam justificationem The point seemed exceeding weighty and in effect was the Serjant Savils Coppy of the Commission rejected groundworke of the whole Article which not proved nothing could evince him to have beene accessory to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation betweene the factions and above an houres stay They returned and declared that the Lords after mature deliberation had resolved that the Copy should not bee admitted and desired them to proceede to other proofes which after a little pause they did First the Lord Ranelaugh affirmes that hee heard of such a Warrant and knew sometimes three sometimes five Souldiers Billeted by it Secondly Master Clare declares the very same Thirdly Another Deposeth hee had seene such a Warrant under the Deputies Hand and Seale And so much for the proofe For the Statute they alleaged one of Edw. 3 6. that whosoever should carry about with them English Enemies Irish Rebels or Hooded-men and sesse them upon the Subject should be punished as a Traytor Another of Hen. 6. 7. That whosoever should sesse men of warre in his Majesties Dominions should be thought to make warre against the King and punished as a Traytor They concluded It was evident the Lord Strafford had incurred the penalty and breach of both the Statutes and therefore desired the Lords should give out judgement against him as a Traytor The Lord Lieverenants Reply was That in all the course of his life hee had intended nothing Strafford's Reply more then the preservation of the Lives Goods and welfare of the Kings Subjects and that hee dared professe that under no Deputy more then under himselfe had there beene a more free and un-interrupted course of Justice To the Charge hee answered First That the Customes of Ireland differed exceedingly from the Customes of England and was cleere by Cookes book and therefore though sessing of men might seem strange here yet not so there Secondly That even in England hee had known Souldiers pressed upon men by the Presidents of Yorke and Wales in case of known and open Contempts and that both in point of Outlary and Rebellion and also even for sums of Debt between party and party there is nothing more ordinary then these Sessings to this day in Scotland whereby the chiefe house of the owner is seized upon Thirdly That to this day there hath beene nothing more ordinary in Ireland then for the Governours to appoint Souldiers to put all manner of Sentences in Execution which hee proved plainly to have beene done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmots Corks Evers and all preceding Deputies times And had even for Outlaries for the Kings debts in the Exchequer of Collection of Contribution money and which comes home to the point for peteet soms of money between party and party so that hee mervailed quâ fronte or with what boldnesse it could bee called an Arbitrary Government lately brought in by him To this the Lord Dillon Sir Adam Loftis and Sir Arthur Teringham deposed the last of whom told that in Faulklands time hee knew twenty Souldiers Sessed upon a man for refusing to pay sixteen shillings sterling Fourthly that in his instructions for executing his Commissions hee hath expresse warrant for the same as were in the Instructions to the Lord Faulkland before him both of which were produced and read Fiftly That although all these Presidents were not yet it were not possible to governe the Kingdome of Ireland otherwise which had beene from all times accustomed to such summary Proceedings Sixtly that no testimony brought against him can prove that ever he gave warrant to that effect and for the Deeds of the Sarjeant at Armes hee did conceive himselfe to be answerable for it As for the Acts of Parliament hee had reserved them to the dispute of his Lawyers but was content to say thus much for the present First That it is a ground in the Civill-Law that where the King is not mentioned there hee cannot bee included But with all distance to his sacred Person bee it spoken hee conceived himselfe to be in his Master the Kings place for so his Commission did run in that Kingdome of Ireland Secondly The words of the Statute are not applyable to him for God knowes hee never went about in Person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings owne Souldiers enquiring in a Customary way obedience to his Orders could in no construction bee called Irish-Rebells English-Enemies or Hooded-men Fourthly That the use and custome of the Lawe was the best Interpreter thereof and for that hee had already spoken enough Fiftly That it savored more of praejudice then equity to start out such an old Statute against him and none others though culpable of the same fact to the overthrow and ruine of him and his Posterity Sixtly That under favour hee conceived for any Irish Custome or upon any Irish Statute hee was to bee judged by the Peeres of Ireland Seventhly That Statute of what force soever was Repealed First By the tenth of Henry the seventh where it is expresly declared nothing shall bee reputed Treason hereafter but what is so declared by the present Statute now not a word there of any such Treason Secondly By the eleventh of queene Elizabeth where expresly power is given to the Deputy of Ireland to sesse and lay Souldiers although the same bee reputed Treason in any other To the Statute of Henry the sixt hee Replyed that a
all that time but brought forth that Protestation or band of Association as they terme it which is now in print it was then drawun up and without further processe or delay before they came out subscribed by the whole House except the Lord Digby and an Uncle or Friend of his It is thought by some whose heads are not green that it is very like a Covenant in Scotland but that must bee left to furrher time and wiser heads if that CoÌ„ment that perhaps will follow bee not worse then the text it may in probability happen out to bee canonicall enough but the too generall Phrase in it lyes very open to have sences pro re natâ thrust upon them which may bee very justly suspected to have beene intended where the oath and Law-giver is the party only some have observed two remarkable things upon this First Some thinke it Strange that Seeing the House of Commons have lately fined the Convocation House upon this ground especially that they enjoyned an oath which is a Legislative power say they and only due to Parliaments How they at this time as if all the Legislative power were in them without the advise of the Lords I say not of the Church though in matters Ecclesiasticall or approbation of the King which is conceived to bee a mighty encroachment upon his Praerogative should offer either to praescribe or subscribe such an oath as if it were essentiall to our Reformation ever to bee done by the people without Authority of the Superiour powers and yet before it passe in a Stat. It must come in by a Bill usteron proteròn but parhaps it is hoped that by this Anti-dated subscription they shall finde out the more easy passage for the Bill when it comes to bee Propounded Secondly That the House of Commons were foure houres pleading upon that one expression in the Protestation The true reformed Religion expressed in the Doctrine of the Church of England Some who were more tender toward the Church desiring that the word discipline might bee adjoyned to the word Doctrine but others mainly opposed that reasoning that no discipline could bee admitted but all to bee esteemed as Popish that was not conteined in the Doctrine that is in the word of God which party at the last did prevaile though the other affirmed that there was more expresse warrant in the word of God for Bishops then for ruling Elders but if some Hint bee not there intended against the Duanes and Chapters the liturgies ceremonies yea the very Bishops of the Church of England let any man judge and of what dangerous consequence that may bee if those who pretend to have authority in all Church affaires may bee permitted to give Sentence is not difficult to determine This day the people mett againe but in smaller number they have threatned to come to morrow with all rheir maine forces and not to desist till the Lievetenant bee executed and their other petitions obteined the oath was likewise presented to the Lords and some say all of them except the eight Recusâ—nt Lords and foure of the Bishops have signed the same but others say they have only admitted the Bill which is more likely I think it is Lncan tells us the tale That when the 100 handed Gyant Briareus whom the Mithologizers of Poems use as a Type of the multitude was first brought into the world his Father Jupiter desired Mercury to set his Scheme and calculate the Starres of his Nativity no Father said Mercury that is needlesse a little time will shew his disposition for so many hands cannot bee long Idle A very lively Idoea of this businesse now in Agitation your selfe may make the application by the events Upon Saterday May the eighth the Bill against the Lord Saterday May 8. Strafford past the Lords there were fourtie five present of which nyneteene voiced for him and twenty six against him the greatest part of his friends absented themselves upon pretence whether true or suppositious that they feared the multitude otherwise his suffrages had more then counterpoised the voters for his death In the Bill hee is condemned of Treason and all his English Lands the other part of the Coat is left for those in Ireland forfeited with an especiall Proviso that this Act shall in no waies bee forceable against others then if it never had been made which to his friends of Judgment smells Strongly of a particular hatred against him as if the same common way of Justice should not equally strike against all which it should doe in true Justice but that Crimes did differ in their Subjects Two wayes there were to have proceeded against him by a Legislative or by a Judiciary power both did strike home alike at his life and his estate both alike ready both sure by reason of the proofs the Difference only this this might have beene done without the King that only by him because this a Sentence that a Statute A man would think the Judiciary way had beene the more sure and that the King would rather have connived and not exercised his Praerogative by a Reprivall then to have Interessed himselfe in the Legislative proceedings by consenting to the Act against him In whom the world conceived for by past and future services he had so great an Interrest But they it seems notwithstanding his Majesties late Attestation of the Gentlemans Innocency in point of Treason were more confident of his gracious Inclination to Justifie their own Act And more desirous too that hee should demonstrate his willingnesse in punishing such transgressors and therefore the Bill went on by the Statute The same day another Bill passed both the Houses that because of the important businesses of the Kingdome the Parliament should not be broken up by the King without the specall advise and consent of both the Houses till all their grievances were redressed and their safety provided for which space of time for any thing I know may last till doomes day some would have had the prefinition of 5 some 7 some 9 yeares put to it others Replyed that this would bee both odious dangerous odious in that it should seem so long a Parliament Dangerous in the same time may happen out possible to be longer some think it an honor I rather a fatality or to sweeten the word a Providence that both their Bills should passe at once as if Generatio unius were Corruptio Alterius And this new Governwent should take life from the death of the Earle of Strafford In the afternoone the House of Commons desired accesse to the King in the Banqueting House and having stayed there an houre for his coming in three words they propounded these two great Bills desiring that hee would give his Royall Assent to them both Quod si non prosint singula Juncta Juvant Withall humbly shewing that the present danger of the Kingdome could admit of no delayes The King told them they should expect an answer on Munday
morning The Court at this time was surcharged with a confluence of People quasi Civitas tota sedibus suis mota as if the whole Citty was come to petition for Justice a Government indeede worse then a Democrasie where the people doe not rule but play the Tyrants If there were no Monarchy there needs no conscience to obay it But where it is and cannot protect it selfe the good subject must either forget himselfe or his loyalty A two edged sword killing either the body or the soule nor in this are men in better ease then the winged Fishes that our Southerne Mariners tell us of which if they swim beneath the water are cath'd by the Dolphin if they fly above for refuge are snatched away by the hungry Ravenous foules Lord helpe then the times or help our patience and Resolutions give us either redresse in thee or confidence in thee The wiser sort conceived these two Bills too big for them to desire at once and that both of them together might procure a flat deniall but the more couragious knew the readyer way by farre having often had experience of his Majesties readinesse to grant just desires resolving that hee that expects to loose the day is beaten at his own diffidence and it is the qualitie of some men to swallowe Camells upon a sudden who if you give them leisure will perchance streine at a Gnatt Their Resolutions may ayme at this but despaire to remedy that nature gives the reason Omne agens se exercet intra sphaeram Activitatis dangers if they come but stragling upon us wee may collect our spirits well enough and easily resist them but if they come by whole troopes Amazement and feare admitts of no consultation for the future but only intends to decline the present and pressing hazard whereon the ancient Gaules made their first on-setts with valour beyond the courage of men and with fearefull cryings and shouts belying rheir own Animosity to stupify and quell that of the enemy Sunday All the day the King was resolute never to give Sunday way to the Bill against the Lord Strafford telling them withall that it seemd strange to him that the man could not dy unlesse hee and hee only by giving Sentence the Kings Legislative way should condemne him the Lord Pembrok brought the King a piece of Scripture 2. Sam. 19. from the 5. to the 9. verse the words indeede became a Joab rather then himselfe till hee had scattered the force of the Kings not eldest sonne yet eldest daughter the Kingdome of Scotland heere is some Analogy with Absolon and in nothing else for David was sorry for shedding the nocent they not sorry for shedding the Innocent blood though the Issue bee not the same Foure Bishops were sent for by the King the Primate of Ireland the Bishop of Durham Lincolne and Carlile some Foure Bishops say and I doe rather believe it that the King was desirous the Bill should bee voiced againe and argued the Bishops had their suffrages in the Admission though not in the approbation of the Bill others thinke in regard the Primate was there who had no Interest in this Kingdome it was to resolve the Kings Conscience for my part I see not how they should doe this seeing the businesse was grounded upon a case in Law which none of them unlesse the Bishop of Lincolne had learned when hee was Lord Keeper could possibly discusse for if the King was tender in it how could they perswade him to give way if not what needed their Resolutions But it may bee that they perswaded him that in Conscience hee might preferre the opinion of the Judges before his own And that if though with some reluctation they thought upon their oathes the Proceedings to bee lawfull hee might give way to them This is not unlikely because the judges were sent for the same time and it seems for the same service And if it bee so I admire and adore too the wonderfull providence of God who in his praeparatory Act to his unlawfull Judgment which undoubtedly will follow suffers not only the King and the Countrey but the Church too as if her Cup were not yet full to be involved But could this bee to the matter of fact the King I am sure knew him to bee free from any the least intention of subverting the fundamentall Lawes of the Kingdome And could the Bishops satisfie thi scruple too it may bee they are perswaded that the Proofs might bee taken Implicitly from the House of Commons as the Law from the Judges It is reported indeed that they besought the King with many teares to give way and that to prevent the ruine of the Kingdome which these States-men who will bee ever content with the longest life for themselves till by peece meale they bee thrust from all did see would necessarily follow well I dare prophesie to them they shall not want their Reward neither from King nor people for the next tumult of people shall bee against their Liturgies Surplices and Church ornaments And seeing they have now over-perswaded the King in this if they can procure him then to protect themselves from those imminent dangers which hang over their heads they shall doe a miracle sed quos pordere vult Jupiter dementat some body else will perswade the King that to satisfie the Common People and to prevent the Ruine of the Kingdome Bishopricks Deanes Prebends and all Cathedrals must down Sedomen avertat Deus optimus Sundâ—y All day nothing sounded in the King eares but feares terrors and threatnings of worse and worse the noise of Drums and Trumpets were Imagined to bee heard of rebelling people from every Corner of the Kingdome yea Apprentices Coblers and fruiterers presented thmselves as all ready running into the Kings Bed-chamber After they had wrestled him breathlesse and as they doe with great fishes given him scope of Lyne wherein to spend his strength at last victus dedit manus being overcome with such uncessant Importunities hee yeelded up the Bucklers And about nine of the clock at night oh deplorable necessity of the times or rather oh the frailtie of humane nature I that can neither foresee nor susteine this necessity the King promised to signe both the Bills the next morning which was accordingly done and a Commission drawn up for his I do not care in what relation you take the word Execution Ingentes Curae stupent loquuntur leves Though I had resolved with the Painter who could not expresse his griefe sufficiently in weeping for his daughter heere to have drawn the Curteine yet it will not bee something must overflow Consider the Gentleman as a man his Judgement Memory Eloquence reall perfections in this age of appearances consider him as a Subject his Loyalty his Courage his Integrity to King and Countrey in these disloyall and faint-hearted times consider him as a Christian his love to the Church his respect to Church-men in this prophane and over-weening Generation