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
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
necessities And that these were his words he often proved over and over againe by the Marquesse by the Lord Treasurer Cottington Sir Tho. Jerminâ— My Lords what I have kept to the last said he is this and I would intreate you seriously to thinke of it If a mans Table his Bed his House his Brother his Friends and that too after they have given an oath of secrecy to be rak't to finde out Treason against him who never knew what it meant what earthly man shall passe free from Treason Let my misfortune my Lords be your advertisement your wise Ancestors were glad to put bands and limitts to this Lion Treason if you give him the large scope of words to range into he will at last pull you or yours all to peeces But my Lords I did never thinke till now that matter of Opinion should be objected as matter of Treason For first opinions are free and men may argue both pro con in all faculties without any staine of his reputation otherwise all consultations would be vaine Secondly I may be of another judgement then I declare my selfe to be of opinion perhaps to gaine better Arguments for the maintenance of my owne Grounds Thirdly Many and my selfe often times have propounded my Opinion yet upon hearing better judgements have presently changed it Fourthly We use to strayne our opinions too high sometimes that we may meete in a just moderation with those whom we conceive in the other extremity to be too low Fiftly It is expresly commanded by the Star Hen. 6 9 that though a man should say the King is not lawfull heire to the Crowne and may be deposed yet he is not to be charged with Treason but only with Felony And I hope my Lords those words are of a more transcendent and superlative nature then any alleaged by me to he spoken But my Lords said hee lay it to your hearts it must come to you you and your posterity are they whom God and Nature Byrth and Education have fitted to beautify the Royall-Throne and to susteine the weighty affaires of the Kingdome If to give your opinions in Politicall Agitatious shall be accounted Treason who will be willing to serve the King or what a dilemma are you in If being sworne Councellors you speake not your minds freely you are convict of perjury if you doe perhaps of Treason What detriment what Incommodity shall fall to King and Kingdome if this be permitted Which of you hereafter will adventure yea dare adventure so much as to helpe by your advise unlesse you be weary of your lives your estates your posterity yea your very Honour Let me never live longer then to see this confusion yea I may say it this inhumanity in England for my part my Lords I here confesse my selfe I ever have and ever shal speake my opinion freely in any thing that may concern the Honor and safety eyther of my gracious King or my deere Countrey though the sword be two edged fearing rather him that killeth the Soule then him whose power reacheth only to the body Nor doe I see how I am culpable of Treason unlesse it bee treason for not being infallible and if it be so my Lords you have this rag of mortality before you loaden with many infirmities though you pull this into shreds yet there is no great losse yea there may be a great gayne if by the same I may seeme to have dared too farre to give a testimony to the World of an Innocent conscience towards God and a Resolute loyalty towards my Prince which have ever beene my only Pole-starres in the whole course of my life and if by spilling of mine there be not a way found how to trace out the blood of the Nobility which I hope your Lordships will looke too there is no disadvantage at all suffered by the losse of me You have his very words as neere as I could recollect Tuesday was a day of Rest Upon Wednesday Whitlock Charged thus That the praeceding Wednesday Whitlocks Chaâ—ge Articles were of so high a consequence and of so transcendent a Nature that nothing wanted to make up the perfect measure of the most horrid Treason and monstrous Attempt that ever by a Native was intended against his King and Country But puting these defigned projects into Extention which had undoubtedly hapned to the ruine and subversion both of Church and State had not the clemency goodnesse of the Prince and the Piety and carefulnesse of the well affected Peeres timously foreseene and prevented the same that still the Principles of Tyrany and Oppression had lodged within his bosome and therefore had burst forth into these expressions and advises conteined in the following Articles where first in the twenty fifth they Charged him with three things First That hee had advised the King to a rigorous and unlawfull exaction of Ship-money Secondly That he had given Councell that if the Shreeves should deny their best endeavors and assistances to that effect they should bee sent for and fined by the Starre-Chamber and Impâ—isonment Thirdly That when the Aldermen of London had in all humility represented the Causes why the Ship-money could not be collected amongst them and had given in the Reasons why they refused to give in a List of their names within their City who were able to affoord the Loan-money Hee in a contemptuous Tyrannicall manner in the face of the Councell-Boord had said to the King Sir These men because of their obstinacy and frowardnesse deserved very well to bee fined ransomed and layed by the heeles And it will never goe well with your service untill some of them be hâ—nged up for examples to other The Proofes were these First The Bishop of London Lord Treasurer who declared that he remembred the words very well that the Lord Lievetenant had advised the King to cause the Ship-money to be gathered in but he remembred withall that both himselfe and all the Councell had done the like and that it was upon a present necessity and defect of money for entertayning the Army which the condition of the times considered they all conceived was by any meanes to bee kept on foote Secondly Alderman Wiseman declared that upon an humble Remonstrance made to the Councell-Boord the City would take it ill if a Tax-role should be delivered of their estates who were thought able for the Loan-money the Lord Strafford said they deserved to bee fined ransomed and laid by the heeles but for the words of hanging them up hee heard not at all Thirdly the Earle of Barkeshire declared that the Lord Strafford had said that upon the refusall of such a service enjoyned by the Kings peremptory command it was his Opinion they might be fined Fourthly Alderman Garway attested the preceding words and withall added that the Lord Lievetenant to his best remembrance had said It were well for the Kings service if some of theem were hanged up They closed the Charge That by such undutifull
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