Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	daughter_n	james_n	marry_v	19,065	5	10.2321	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57925	The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.	Strafford, Thomas Wentworth, Earl of, 1593-1641, defendant.; Rushworth, John, 1612?-1690.; England and Wales. Parliament. House of Commons.	1680 (1680)	Wing R2333; ESTC R22355	652,962	626

yet by his Speeches full of Oaths and Asseverations that we were Traitors and Rebels casting off all Monarchical Government c. He extorted from them four new Subsidies indicta causa before we were heard procured that a War was undertaken and Forces should be levied against us as a rebellious Nation which was also intended to be an example and precedent to the Parliament of England for granting Subsidies and sending a joynt Army for our utter ruine According to his appointment in Parliament the Army was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion Liberties and Laws and thereby laying upon us a necessity of vast charges to keep Forces on foot on the West Coast to wait upon his coming And as the War was denounced and Forces levied before we were heard So before the denouncing of the War our Ships and Goods on the Irish coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts by which they did take some and burn others of our Barques Having thus incited the Kingdom of Ireland and put his Forces in order there against us with all hast he cometh to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I return to that Honourable Sword I shall leave of the Scots neither root nor branch How soon he cometh to Court as before he had done very evil Office against our Commissioners clearing our proceedings before the point So now he useth all means to stir up the King and Parliament against us and to move them to a present War according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designs succeeded not that way in his nimbleness he taketh another course that the Parliament of England may be broken up and despising their Wisdom and Authority not only with great gladness accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as General Captain with power to invade kill slay and save at his discretion and to make any one or more Deputies in his stead to do and execute all the Power and Authorities committed to him According to the largeness of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their Declarations sent before them were coming in a peaceable way far from any intention to invade any of His Majesties Subjects and still to supplicate His Majesty for a setled Peace he gave order to his Officers to fight with them on the way that the two Nations once entred in Blood whatsoever should be the success he might escape Trial and censure and his bloody designs might be put in execution against his Majesties Subjects of both Kingdoms When the Kings Majesty was again enclined to hearken to our Petitions and to compose our differences in a peaceable way and the Peers of England convened at York had as before in their great wisdom and faithfulness given unto His Majesty Counsels of Peace yet this Firebrand still smoaketh and in that Honourable Assembly taketh upon him to breath out threatenings against us as Traitors and enemies to Monarchical Government and threatened that we be sent home home again in our blood and he will whip us out of England And as these were his Speeches in the time of the Treaty appointed by His Majesty at Rippon that if it had been possible it might have been broken up So when a cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for War his under-Officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governor of Berwick and Carlisle can shew from whom they had their Warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to pass that the Ports of Ireland are yet closed our Countreymen for the Oath still kept in Prison Traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great Incendiary upon these and the like offences not against particular persons but against Kingdoms and Nations may be put to a Tryal and from their known and renowned Justice may have his deserved punishment THis Noble Earl was in person of a tall stature something inclining to stooping in his Shoulders his Hair black and thick which he wore short his countenance of a grave well composed Symetry and good Features only in his Forehead he exprest more Severity than Affability yet a very courteous Person And as he went from the Tower to the Scaffold his Countenance was in a Mild posture between dejection in contrition for Sin and a high Courage without perceiving the least affection of disguise in him He saluted the People as he walked on foot from the Tower to the Scaffold often putting off his Hat unto them sometimes to the right and sometimes to the left hand being apparelled in a Black cloth Suit having White Gloves on his Hands And tho at this time there were gathered together on the great open place on Tower-Hill where the Scaffold stood a numerous croud of people standing as thick as they could by one another over all that great Hill insomuch as by the modest computation they could not be esteemed to be less than 100000 people yet as he went to the Scaffold they uttered no reproachful or reflecting Language upon him He had Three Wives the First the Lady Margaret Clifford Sister to the Earl of Cumberland who left no issue The Second the Lady Arabella Hollis Sister to the Earl of Clare who left him his only Son William now Earl of Strafford and Two Daughters The Third Wife was Daughter to Sir Francis Rhodes of Yorkshire by whom he had one Daughter an Infant at the time of his death On the First of December in the 17th year of the Kings Reign by His Majesties Letters Patents his Son William was restored to all his Fathers Dignities and Titles and was made Knight of the most Noble Order of the Garter having doubled his Paternal Glorys and his own by marrying the worthy Daughter of two incomparable Parents Henrietta Maria the Daughter of Iames Earl of Darby and Charlotte Daughter of Claude Duke de Temoille and Charlotte of Nassaw Daughter to William Prince of Orange A brief Account of his Secretary Slingsby MR. Slingsby his Secretary after the death of this Noble Lord presently left the Kingdom and was received beyond the Seas into the Queens favour and by Her

whether it were or no hath denyed Licence without Fees and that certain Fees were demanded shall be made appear Whereupon Richard Wade being Interrogated whether Fees were not demanded by the Secretaries for Licences of mens passage into England and what Fees He Answered That for Fees for my Lord of Esmond's Licence he was demanded 24 or 25 s. Patrick Gough being asked to that point He Answered That he remembers he hath taken Licences twice or thrice for my Lord Viscount Mountgomery and for every one of them paid 25 s. and for three of his servants 25 s. and that those were demanded for he the Deponent would have given less if they would have taken less and that these were demanded by Secretary Littles Servants Mr. Glyn desired one word more and the rather said he because it seems my Lord of Strafford slights this Article which is the most proved and the least answer'd of any yet heard their Lordships may observe what is laid to his charge the subverting of Laws and the introducing of a Tyrannical Government And before he goes about his work he puts off all means of redress beforehand that if he give any occasion of offence he that is offended shall not possibly have remedy His justification is because of that great danger that may ensue for they may joyn with Rebels but that 's a pretence Indeed he used that Argument when he moved it to His Majesty but it was that they might not come over to make complaints That his Propositions were made and entred at the Council-Table here he aggravates his offence and Mr Glyn did thus illustrate it That if a man come to him and desire leave to lye in his House if he gives the party leave and he by that means takes occasion to betray him or to commit Felony or steal his Goods That leave was well given but it aggravates the others offence when he doth mischief to him that lodged him So my Lord of Strafford's Proposition was fair but if their Lordships observe the subsequence of it that he might exercise his Power and leave the Subject without means of redress but they must come to himself for it Mr Glyn further said he thinks had he suffered under his hands after the example of my Lord Mountnorris he should be loth to say to his face he would complain An Act of Parliament he produces for his Justification which is plainly against him for it shews there were some that held Lands there by tenure and if they were not resident they forfeited Then comes the Act and says That those whom the King commands to be absent they shall not forfeit which shows they had a personal Power without Licence so that the very Law produced is expresly against him and there Lordships may see by his own Proposition the occasion of his introducing this Letter And Mr. Glyn concluded That he supposes that my Lord of Strafford hath made no answer to that And so the 16 th Article was finished and the 17 th and 18 th being for the present set aside the Committee that managed the Evidence proceeded to the 19 th Article THE Nineteenth Article The Charge 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command He the said Earl in May the 15th year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of His Majesties Royal Commands but submit himself in all Obedience thereunto which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath a gainst their Wills and of such as refused to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and exiled and namely the 10th of October Ann. Dom. 1639. He Fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the Kings Liege people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare that the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgement of his Supremacy only but to the Ceremonies and Government of the Church established and to be established by His Majesties Royal Authority and said That the refusers to obey he would prosecute to the Blood Mr. Whitlock proceeded to open the 19th Article setting forth in substance as followeth THAT the next Article in which they shall proceed to make good the Impeachment of all the Commons of England against my Lord of Strafford is the 19th Article That their Lordships have heard his demeanor to the Subjects of the Irish Nation what power he exercised over their Liberties their Properties their Lives That he used His Majesties Subjects of Scotland in the same manner exercising an unlawful power over their consciences by imposing a new and unlawful Oath on such of them as lived in Ireland That the Kings Subjects of the Scotish Nation have the same benefit of protection from His Majesty and His Laws as his other Subjects have since they are bound to the same Allegiance to the same Obedience and therefore what ought not to be done to any other of the King's Subjects ought not to be done to them That a new Oath cannot be imposed without Assent of a Parliament yet my Lord of Strafford is pleased to enjoyn this Oath to contrive it to threaten them that desired to consider of it he sends forth Commissions to the Gentry in the Countrey to tender it and such as refused were brought up by Pursivants and Officers to Dublin and committed to Prison and divers of them rather than they would take this Oath were fain to forsake their Families their Estates and Lands and fly away and were exiled the Kingdom That the Charge particularly mentioning the sentencing of Henry Stuart his Wife and two Daughters and one Iames Gray above the age of 16. who for refusing this Oath were Fined Stuart himself 5000 l. his Wife 3000 l. his Daughters 3000 l. apiece and Iames Gray as much and in their Sentence my Lord was pleased to declare himself so bitter against that Nation and so much resolved that this Oath should be taken by all of them though against Law That he publiquely said That those who refused to take the Oath

rooted up Stock and Branch Being bid to repeat his Testimony He said He Declared he was then to leave his Sword and if His Majesty would return him thither again such as would not conform themselves to the Government of the Church who were of the Scotish Nation He hoped to root them up stock and branch or words to that effect Mr. Whitlock did then Sum up the Evidence That he conceives it proved that my Lord of Strafford Contrived the Oath sent for them of the Scotch Nation by Letter and then wrought with them to make it their own Work and Suit though it was his Command and by threats to some of them that did but desire to consider of it That diverse of the Scotch Nation being tender in their Consciences to take the Oath it being a new Oath and tendered without Authority of Parliament and so rather than they would take it were forced to leave their Habitations their Corn standing with all their Goods and Fortunes and to flie out of the Kingdom That Mr. Stuart his Wife and Daughters and one Iames Gray were Sentenced very deeply for refusing this Oath and that my Lord of Strafford declared That this Oath extended to the Ceremonies of the Church established and to be established That the Scotch Nation were Rebels and Traytors not going to any particular Man but the Nation in General And that if His Majesty would send him back again to that Government he would root them out root and branch This is to take a Power far above the Law this is to bind their Consciences by an Oath and to force them to that which they are tender of the Execution of this with so much rigor and cruelty showes the strength of my Lord of Straffords design to alter the Lawes and to do it with a strong hand with all his Force and with all this Cruelty And so my Lord of Straffords Answer was expected And then my Lord of Strafford after a little respit began to make his Defence in substance as followeth That almost every new Article sets forth a new Treason that for his part he never heard of before but for this that is now the Treason and concerns the Administring of an Oath to such of the Scotch Nation as were in Ireland He the Defendant besought their Lordships in the first place to take into consideration the time when this Oath was Administred because of something else that in the Conclusion for his further Justification he shall be bold to offer to their Lordships but he will begin with that which is matter in hand which though he cannot say was the true Reason that made him first think of it yet was a sufficient reason of it self if there had been nothing else The Proclamation for this matter he remembred was dated 20 th of May 1639 and in what condition the Kings Affairs then stood their Lordships and my Lord Steward in particular who was General are very well able to call to mind and what fears there were of the ill events of the things then in hand The apprehensions were That the Scots being a great Body in Ireland and not so few he is perswaded as 100000 by reason of their nearness to their own Countreys confining upon it might perhaps have Intelligence and Occurrence with their Countrymen called Those of the Covenant And this was the sence of all that were Ministers of that State under the King as well English as Irish and even those of their own Nation Thereupon they entred into Consideration how to secure that Kingdom and settle things in quiet Besides there was a Man afterwards Condemned of Treason for having a Plot and Design to have seized on Knock-fergus Castle and delivered it to a great Man in Scotland whom my Lord said he would not name for which he lost his life afterwards These particulars were confirmed by several Witnesses And to prove that there was a Debate at Council-Board for preventing of these Inconveniences my Lord of Strafford desired some Privy-Counsellors of Ireland might be examined Robert Lord Dillon being Asked Whether he and the State of Ireland were not very apprehensive of the danger that might happen to the Kingdom of Ireland If the Scots should declare themselves any way to the disquieting of that Kingdom He Answered That about that time there were some Advertisements out of the North of particular Meetings and Contrivances of some Plot or other by the Scots which made the State very apprehensive that there might be danger ensuing and that the consequence would be ill Being Asked Whether there was not a course taken upon that for an Oath to secure the quiet of the Kingdom He Answered It was debated at the Board and concluded That it would be a great Security and Obligation on those of the Scotch Nation in Ireland to keep them from Treating or Concluding any thing together if there should be any Invasion Being Asked Whether it was not thereupon resolved To Consult the Principal Gentry of that Nation and to speak with them and Whether my Lord of Straffords Letters were sent in persuance thereof He Answered That he thought the Letters were singly subscribed by the Lord Deputy himself but it was also with the privity of the Council Sir Philip Manwaring being Asked to the same Point Answered That at the time the Proclamation Issued he was in England which was the 16 th or 20 th of May But before he came from Ireland there were very many Apprehensions that Inconveniences might arise and many Considerations in Council which way to prepare and prevent them Sir Adam Loftus being Interrogated to the same Point Answered That there were at that time some Apprehensions and Fears of Danger that might arise from the People of the Scotch Nation in respect of their numbers there lest they should adhere to them of the Covenant in Scotland and thereby endanger the Kingdom of Ireland at that time And therefore it was debated at the Council-Table that some Oath or Bond might be made that might divert them from joyning in the Scotch Covenant and thereupon it was resolved That the Principal Noblemen and Gentlemen of Scotland that were then in Ireland should be sent for and there dealt withal both to express their Loyalty and Service to the Nation of Ireland by their due obedience and also to offer some Means that might be Security to the King and themselves And being further Interrogated Whether my Lord of Strafford's sending for these Principal Gentry of the Scotch Nation Was not with the Privity of the Council He Answered That he thought it was and Added He was very Confident it was though the reason was not exprest in those Letters Being Asked on M r Maynards Motion Whether he was there when my Lord Mountgomery and Sir Iames Mountgomery made Exception to the Form of the Oath contrived He Answered He was not present at any Exceptions taken at it Being

being satisfied with what was formerly offered spared his Examination And Mr. Whitlock observed That they did produce these Witnesses the rather because my Lord of Strafford sayes in his Answer they willingly came to Dublin and were Suitors for the Oath Whereas my Lord sent for them when they were there my Lord perswaded them threatned them contrived the Oath himself altered the Petition appointed who should draw it which disproves what is in his Answer alleadged To prove That because diverse of the Scotish Nation were tender and loth to take the Oath or submit to all the Commands of my Lord of Strafford though they would to the Kings they fled the Kingdom and left their Estates Sir Iohn Clottworthy being examined to that particular Answered That he could speak to this particular clearly to his own Knowledge for then my Lord was pleased to insert him as a Commissioner in the said Commission and he was there sometimes and beheld the Execution of it He did likewise see the Multitude when the Oath was generally prest on several Commands from my Lord Deputy to enforce it did leave their Dwellings and Habitations their Corn on the Ground and their Cattle and fled away but whether into Scotland or no he could not precisely say but so it was reported but that Multitudes went away he knew to be certainly true Being Interrogated Whether my Lord of Strafford did by his Instructions deny liberty to the parties to whom it was tendered to peruse the Oath He Answered That he cannot precisely charge himself with it for the Instructions are out of the way but that was as he verily remembers part of the Instructions That they should have the Oath Read over to them but no Copies delivered to them at all Being Asked on my Lord of Straffords motion Whether the Commission and Instructions were not under the hand of the Council as well as himself He Answered That he never saw a Commission under the hand of the Deputy or Council but under the Seal but the Instructions were under the hand of Deputy and Council And Mr. Whitlock observed That my Lord of Strafford drew in the rest to himself Mr. Whitlock then proceeded to the matter of the Sentence against Stuart and Gray who were Imprisoned Fined five times more than the value of their Estates deteined in Prison a very long time very hardly and cruelly used and on this Sentence were the words spoken by my Lord of Strafford which showes his Rancour to the Scotch Nation Richard Salmon Sworn and Interrogated What he knew concerning the Sentencing of Stuart his Wife and Daughters and Gray in Ireland He Answered That on the 10 th of October 1639 after the Kings Attorney Sir George Ratcliffe and many other Lords and Noblemen had given their Sentence concerning this Oath many of them pleading to make it High-Treason and that it was a merciful proceeding against Mr. Stuart his Wife and two Daughters and Gray in that Court My Lord Primate came to shew that if it had been against the first part of the Oath to deny Allegiance and Supremacy to His Majesty it had been so but being against the second part they were to be Judged in that Court My Lord of Strafford told my Lord Primate he was mistaken and that the Bishop of Derry had said well in that they would not Abjure all other Oathes Bonds Covenants whatsoever it was as palpable High-Treason as if it were against the first part of the Oath Thereupon my Lord said These people are mad and I know not how to express my self without going beyond my self they have almost made me lose my self But sayes he Mr. S●t now you have heard my Lord Primate thus much What can you speak for your self Mr. Stuart Answered He was willing to take the first part of the Oath but in that the Oath seemed to bind them not onely in point of Allegiance and Supremacy but likewise in point of Ecclesiastical Duties therefore he durst not take it My Lord told him again he the said Mr. Stuart was not mistaken but had judged right the Oath was not only intended to bind them to Allegiance and Supremacy for that they had other Oaths but likewise to be obedient to the Ecclesiastical Ceremonies of the Church either established or that should be established by His Majesties Royal Command and that whosoever would be obedient to the Ecclesiastical Orders of the Church he would lay his hand under their feet to do them good but whosoever would resist he would prosecute them to the Blood Being Asked on the Earl of Clares motion Whether he be a Minister He Answered That he had Taught School in Dublin but hath not taken Orders Being Asked What other Orders my Lord of Strafford let fall concerning the Scotish Nation being Rebels He Answered He remembers my Lord said They had caused him to forget himself He said also That they were Traitors and Rebels and that if His Majesty would honor him so much as to send him back again he would eradicate root and branch even all of that Nation out of the Kingdom of Ireland saving such Lords and others that had taken the Oath Being Asked What Fines were Imposed on Stuart and the rest He Answered To the best of his Remembrance it was 5000 l. on him 5000 l. on his Wife 3000 l. a piece on his two Daughters and 3000 l. on Iames Gray Being Asked Whether they were worth these Sums He Answered That it is not known to him but he conceives Gray was not worth a hundred pound for he lived on the Maintenance of Mr Stuart in the Prison And he knows not whether they paid any thing of the Fine or no. But Mr. Whitlock observed That Stuart was fain to sell his Estate to pay his Fine Iohn Loftus being Sworn and Interrogated Whether he was present at the Sentence against Mr. Stuart and the rest And what it was He Answered He was in Dublin when Mr. Stuart his Wife and two Daughters and Iames Gray were brought by the Sergeant at Armes from their House to Dublin where they remained Prisoners in his Custody and were thence carry'd one by one to Mr. Attorney and Sworn by him and after their Examinations taken were called to the Court of Star-Chamber and proceeded against Ore tenus At which hearing he the Deponent was And after the rest of the Lords had delivered their Opinions he heard my Lord Deputy deliver his likewise and his in substance was He consented in fine to that the Lords had laid before viz. 5000 l. on Stuart 5000 l. on his Wife 2000 l. a piece on his Daughters and 2000 l. on Gray and my Lord exprest himself That he wanted termes to set forth the heinousness of this Cause and that he was to leave his Sword but if it pleased His Majesty to return him thither again he hoped to have such as would not Conform themselves to the discipline of the Church

means as this to secure the King of the Royalty and Allegiance of His Subjects To procure it to these ends by these ways at such a time how this can be strained to be High Treason he confesses he does not well understand especially since he is confirmed in that opinion by the allowance given of it here in England as by the Oath read appears And if all this had been done by him solely as Deputy by the power of that Commission he had from His Majesty where should be the crime that should rise so high as to convince him of Treason But that is not all he hath something else to say for himself and that is the Kings Letter of His Majesties own Hand-writing as followeth WENTWORTH COnsidering the great number of Scots that are in Ireland and the dangerous consequences may follow if they should joyn with the Covenanters in Scotland I hold it necessary you should use your best endeavour to try them by an Oath not only to disclaim their Countreymens proceedings but likewise never to joyn with any in Covenant or otherwise against Me To which purpose I Command you to frame and administer such an Oath to the abovesaid intent to my Scotish Subjects of that Kingdom that I may know the well from the ill-affected of that Nation of which fail not as you love my Service And so I rest Your assured friend Ch. R. Dated 16 Jan. 1638. Whitehall So he had His Majesties Warrant but handled the matter so that he never discovered it And this he conceives doth clearly justifie him in all his proceedings That none can administer an Oath but by Authority of an Act of Parliament is as he conceived an ignorance And that upon a Command and being not against Law but intended for the better preservation of the peace of the Kingdom a Deputy of Ireland might do it and if he hath failed he shall not willingly undergo any punishment since it was an act of Obedience and if it were to do again being informed as he then was he must obey and he had rather suffer in obeying His Majesty than dispute with His Commands in that kind And so he hoped that for the Oath and Proclamation he had said that which might acquit him before their Lordships Then his Lordship applyed himself to give an Answer to the other matters brought in his Charge and the next thing urged against him is the Cenfure of Mr. Stuart his Wife and Daughters and Gray That Sentence was the very day before he came from Ireland Michalmas was Twelve months To that he can say no more but that he delivered his opinion concerning them as the rest in the Castle-Chamber where the Deputy hath no more voices than such as my Lord Keeper hath in the Star-Chamber a Casting voice if the voices be equal and otherwise but a single voice and the truth is that the whole Court did agree in it And for their Fine one of their own Witnesses sayes That he delivered his opinion as concurring with the rest of the Court so that the Fines were set before it came to him to vote And the greatness of the Fine was only to shew the greatness of the offence and not with respect to the persons or with any purpose to take the Fines of the parties for when it shall be examined it will appear that little of that hath been paid or looked after for they might have had their pardon the next day if they would have taken the Oath And if he that shall refuse the Oath of Allegiance shall instantly incurr the penalty of a Praemunire the Fine was very moderate in this case In the Oath there is nothing of Ecclesiastical businesses but only a Temporal Allegiance though some of the Witnesses speak of the extending it to the Ecclesiastical affairs My Lord Primate should have been a Witness in the Cause but he is sick and therefore if it may well stand with their Lordships Favour and Justice to deferr this point till he may be examined and heard about it The next thing was the words charged upon him spoken at the same Sentence That the Scotish Nation were Rebels and Traitors and that he would root them out of the Kingdom root and branch These words he absolutely denyed and so under favour he said he must doe still being well assured he never spake them and he is privy to his own heart so far that he can as truly say he never thought them He knows very well what he owes to that Nation as being the Native Countrey of His Majesty and that respect if there were nothing else is sufficient for him to wish to it all Happiness and Prosperity which he doth from his heart Besides he knows there be many of that Nation most Faithful and Loyal Subjects he trusts there are few amongst them otherwise and therefore for him to say the whole Nation are Rebels and Traitors certainly were a Speech of a man frantique and out of his wits rather than of a man in his Senses For though he hath some infirmities of hastiness in him yet he is not so divested of Reason and Understanding as to speak like a mad man especially in things of this nature His Lordship repeated it that he never spake them never thought them nor ever wished any thing to that Nation but Honor and Happiness in all his life nor hath he any manner of particular exception against them either in general or particular Besides he never received personal wrong from any of that Nation he hath received many courtesies from some of them and therefore owes them no Animosity but all the respects in the world But when it comes to the proof that is sufficiently justified for nothing is proved of that they charge him with and when he hath shown the weakness of the proof offered to convince him of them he shall offer a Witness or two that will absolutely clear him Nor did he speak any thing whilst he was in Ireland concerning the Nation in general but whatsoever he spake was concerning the Faction in it and it is an easie matter for a man at a distance to mistake one word for another and when he spoke of the Faction there it was with a great deal of more moderation and better phrase than the words charged For Sir Iames Mountgomery he hath said little as to this matter for he was not there nor speaks at all as if He the Lord of Strafford should have carried himself in that business otherwise than became him only himself confesses when Sir Iames would have some words put into the Oath Of lawful and just Commands He the Earl of Strafford said That that was needless for they could expect no Commands from His Majesty but what were lawful and just and such is the Wisdom and Justice of the King as he dares say they will always be so and the words of the Oath are They shall be so far complying with these Commands as

in due obedience they are bound and obliged to be So it was not Caeca obedientia Sir Iames sayes That he the Earl of Strafford did administer the Oath This one single Testimony but to tell their Lordships plainly the truth he confesses he did give that Oath being not only obliged by the Council but they directing him and that the Petition was not got forcibly from them it appears evidently for there is nothing against it Sir Iohn Clotworthy sayes That on this Oath administred great multitudes went away but he names not one of that multitude and if they did go who could help it If they would go away rather than give such a pledge of their Allegiance he should have been loth to have restrained them to make them stay against their Wills For the Instructions that went with the Commissions Sir Iohn Clotworthy very truly says they were under the hands of himself and all the Council but what these Instructions were he cannot expresly say and that under favour he conceives is no witness and so is no Charge on him But to express his rancor against the Scotish Nation next come the words proved by Richard Salmon the Schoolmaster and he swears positively and directly that he my Lord of Strafford spake these words the 10 th of October 1639. The plain truth is that he the Earl of Strafford was come into England in September before and if that man shall notwithstanding undertake positively to swear that individual day he is less to be credited The said time of his coming into England was confirmed by two Witnesses Mr. Thomas Little being upon my Lord of Straffords motion asked about the time of my Lord of Straffords coming from Ireland He Answered That my Lord Lieutenant came from Ireland Thursday 12 Sept. 1639. and landed the next day and came to London 21 Sept 1639. Mr. Ralton being examined to the same point Answered He very well remembred my Lord came to London 21 Sept. 1639. For the words themselves That the Scotch Nation are Rebels and Traitors and that he will root them out Root and Branch the Witness is a single Testimony their Lordships see how true he is in the first part of it and he is equally true in the second The other Testimony is one Iohn Loftus and he sayes my Lord of Strafford wanted terms to express the heinousness of that offence and he hoped to have such of the Scotch Nation as would not submit to the Ecclesiastical Government rooted out Stock and Branch from that Kingdom And this said my Lord is quite another thing and no way agreeing with the former but nearer the truth and far from rooting out the Scotch Nation for there are but few that submit not to the English Church-Government So there is left only one single Testimony of the Schoolmaster that hath not learned his Lesson perfectly but is taken tardy as if he were a Scholar and the other makes it quite another business And as they have offered these things and have not proved them by more than one single testimony and he a very infirm one He my Lord of Strafford besought their Lordships that he might call for a Witness or two that were there and heard all that passed Sir Philip Manwaring my Lord said was a Judge of the Court and nearer him than the Witness and likely to hear more distinctly Sir Philip being asked what the words were and of what nature they were whether they were not restrained to the Faction of the Covenanters and them that would not take the Oath in Ireland and not the Nation it self He Answered That he was present that day and sate within the Court and within hearing so that he heard every word that fell from my Lord Deputy it is true his Speech there was very long but he shall repeat no more of it than that he conceives pertinent to the present occasion that is Whether he should say these words Against the whole Nation or speak only to the Faction and properly and pertinently shun the word Nation It was on the occasion of Mr. Stuart who stood at the Bar with his Wife and Daughters and Gray My Lord telling him he was sorry that bearing the name he did he should be the only man that carried himself with that disobedience and my Lord expatiated very much and in conclusion said That Scotish Nation with respect I speak of it for I know there be among them gallant and worthy persons and I have great experience of them and of the Loyalty and Faith they bear to their Sovereign but there is a Faction amongst them which I shall endeavour as near as I can to bring to that obedience at least to keep them that are within this Kingdom to that Obedience Loyalty and Duty that Subjects ought to bear Being asked Whether my Lord did not express himself at that time that he would not take on him to judge any thing of the Action in Scotland not knowing the Law of that Kingdom but such of that Nation as are here in Ireland if they will not submit to the Government of Ireland he will do the best he can they shall not stay here He Answered That it is very true my Lord Deputy did at that time speak to that purpose as near as he can remember in truth viz. That he did not know the Laws nor Customs of that Kingdom therefore would say nothing to them but for so much as concern'd the Kingdom of Ireland and the keeping of the King's Subjects in Loyalty and Obedience there he would do his best to preserve that Being asked on Mr. Glyn's motion whether he heard these words Root and Branch or Stock and Branch He Answered In truth he did not Robert Lord Dillon being asked to the words spoken by my Lord of Strafford in the Castle-Chamber at the Sentence and how he expressed him-himself concerning the Nation of Scotland He Answered That he confesses it hath been his custom and it may be it is an ill one never to mind words spoken in the place unless he supposes he shall be called to account for them he remembers my Lord spake of the refusing of the Oath and of some rigor to them that should refuse it but for particular words he members not Sir Adam Loftus being asked what he heard of these words He Answered That he was at the Censure but truly he cannot burden his memory with any the words that tend to this question It was a great while agoe and he little thought they should come to any recapitulation of them and in truth he doth not remember them Being asked whether Stuarts Sentence was not given by the unanimous Vote of the whole Council He Answered Indeed he believes it was Sir Philip Manwaring being asked what he heard the Master of the Rolls say that day He Answered That coming from the Castle-Chamber waiting on my Lord Deputy to the Castle where many Dined and all that