of High Treason and that he had also delivered the other Particulars he had in Charge Their Lordships Answer was That they do desire to take this weighty Matter into their serious Consideration and will speedily send an Answer by Messengers of their own Afterwards Mr. Pym was sent up to the Lords with a Message that some fit course be taken that there may be free Passage between England and Ireland notwithstanding any Restraint made there to the contrary The same day came a Message from the Lords by the two Chief Justices That the Lords have taken into serious Consideration the Accusation sent from this House against the Earl of Strafford and have Sequestred him from the House and have Committed him in safe Custody to the Messenger of their House and they will move his Majesty that the Passage from Ireland into England may be open notwithstanding any Restraint made there to the contrary The Message delivered by Mr. Pym was in manner following My Lords The Knights Citizens and Burgesses now Assembled in the Commons House of Parliament have received Information of divers Traiterous Designs and Practices of a great Peer of this House and by vertue of a Command from them I do here in the Name of the Commons now Assembled in Parliament and in the Name of all the Commons of England Accuse Thomas Earl of Strafford Lord Lieutenant of Ireland of High Treason And they have Commanded me further to desire your Lordships that he may be Sequestred from the Parliament and forthwith committed to Prison They further Commanded me to let you know that they will within a very few days resort to your Lordships with the particular Articles and Grounds of this Accusation The Earl being required to withdraw it was debated by the Peers Whether he should be Imprisoned on a general Accusation without any particular act of Treason charged against him or not But upon the question it was carried in the Affirmative and he being called in kneeled at the Bar and after standing up the Lord-Keeper spake to him as followeth My Lord of Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day Accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few days produce in the mean time they have desired of my Lords and my Lords have accordingly Resolved That your Lordship shall be committed into safe Custody to the Gentleman-Usher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you And thereupon he was immediately taken into Custody by Iames Maxwell Usher of the Black Rod. Thursday Novemb. 12th 1640. A Message came from the Lords by the Lord Chief Justice Littleton and the Lord Chief Baron Davenport That the Lords have Commanded Us to let You know that in pursuit of your desire Yesterday to have the Ports open between Ireland and England some of the Lords had moved His Majesty in it and it shall be done speedily and effectually This day the House fell into serious Debate concerning Sir George Ratcliff an Intimate of the Lord Lieutenants of Ireland in whom he reposed great Trust and Confidence and by the discourse was as if he were guilty of High Treason in endeavouring to subvert the Fundamental Laws and that he did joyn with the Earl to bring in an Army from Ireland into this Kingdom and had joined with the said Earl to use Regal Power and to deprive the Subjects of this Kingdom of their Liberties It was moved that he might be sent for over as also for Sir Robert King who is a material Witness against the Earl of Strafford But for as much as they were Members of the Parliament then sitting in Ireland it was referred to a Committee viz. Mr. St. Iohns Mr. Selden Mr. Ieofrey Palmer Mr. Solicitor Mr. Maynard Mr. Grimston Mr. Chadwell Which Committee had Power to consider what was fit to be done in sending for Sir George Ratcliff and Sir Robert King in regard they are Members of the said Parliament now sitting in Ireland and to present it to the Consideration of this House and are to meet to morrow Morning at Seven of the Clock in the Committee-Chamber Ordered Mr. Speaker be intreated to be here this Afternoon to sit by at the Great Committee for Irish Affairs and if there be Cause to resume the House And accordingly the Grand Committee of the whole House sate this Afternoon upon the Irish Affairs and the Speaker sate by according to Order There came word that the Lords were come and expected the Committee of this House at the Conference concerning the Proceedings at the great Council at York Mr. Speaker assumed the Chair and it was moved That the Committees that sate in other places might be sent for to attend the Conference that those Gentlemen might be sent for by the Mace that were gone before to the Conference The House rose and the Committee went up to meet the Committee of the Lords at the Conference and Mr. Speaker adjourned the House and went home Friday Novemb. 13th 1640. Ordered that the Committee for preparing the Charge against the Lord Lieutenant being now Sine die meet this Afternoon at Four of the Clock in the Treasury-Chamber which Committee has Power to receive all such Petitions and Papers as may conduce to the business and have likewise Power to send for Records Papers Parties and Witnesses or any other thing that they shall think may conduce to the perfecting that Charge The King's Solicitor Reported from the Committee appointed to consider of the manner of sending for Sir George Ratcliff and Sir Robert King being as is inform'd Members of the Parliament in Ireland That the Committee were of Opinion That it is better to examine this Matter according to the Rules and Foundations of this House than to rest upon scattered Instances They distinguished between the Case of Sir George Ratcliff and Sir Robert King thus We find an Information given which if it be true of High Treason against Sir George Ratcliff then there is no doubt but in Case of High Treason Priviledge of Parliament neither here nor there doth reach to protect him but that Sir George Ratcliff may be sent for though a Member in Parliament there this was the Opinion of the Committee For the other Sir Robert King the Case did differ for to send for him to testifie in any Case were of dangerous Consequence or to send for him to testifie in the Kings Bench in Case of Treason where the Court doth ordinarily sit but this Case differs between sending for a Member of Parliament to give Evidence in any ordinary thing or in any ordinary Court for the Parliament is a Court that doth not ordinarily sit a Court of the great Affairs of the Kingdom therefore to be sent for hither
may be duly examined by whom these words were spoken that there may be some further Proceedings to prevent the dangers that may ensue thereupon and that those Counsels may be looked into and searched to the bottom These three Heads were all severally put to the Question and by Resolution upon the Question Ordered to be the Heads of this Conference Mr. Stroud went up to the Lords with this Message to desire a Conference with their Lordships by a Committee of both Houses touching the Proceedings against the Earl of Strafford and some other matters lately discovered Ordered That at the next sitting of the House the Bill for the Attainder of the Earl of Strafford shall be read the second time and Mr. Speaker is to put the House in mind of this Order A Message from the Lords by Mr. Heath and Serjeant Glanvil The Lords desire a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the conveniency of this House concerning the last Conference about the Proceedings against the said Earl Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a present meeting as is desired The Committee appointed to manage the Evidence at the Trial are appointed Reporters of this Conference Mr. Glyn Reports the Conference with the Lords to this purpose That the Lord Steward spake in the Name of the Lords and did declare That their Lordships are Resolved this House may proceed as formerly was intended before the offer of further Evidence to be propounded the Earl of Strafford to recollect his Evidence first and that being done the Members of the House of Commons to state their Evidence and this to be done to morrow morning whereof they will give the Earl of Strafford Notice Tuesday April 13th 1641. Post Merid. The House only met and adjourned till the next morning Wednesday April 14th 1641. Post Merid. An Act was read the second time for the Attainder of Thomas Earl of Strafford of High Treason upon the Question Committed unto a Committee of the whole House Mr. Speaker sitting by The Order for Resolving the House into a Committee to Consider of the Bill for the Attainder of Thomas Earl of Strafford of High Treason was read and accordingly the House was Resolved into a Committee and Mr. Peard called to the Chair Then Mr. Speaker assumed the Chair A Message from the Lords by Judge Reeves and Serjeant Glanvile That their Lordships have appointed to hear the Council of the Earl of Strafford to morrow at Eight of the Clock in Westminster-Hall concerning the matter of Law Thursday April 15th 1641. Post Merid. Mr. Arthur Capel went up to the Lords with a Message To desire a free Conference by a Committee of both Houses concerning the Proceedings against Thomas Earl of Strafford so soon as it may stand with their Lordships Conveniency Mr. Solicitor Mr. Maynard Mr. Glyn Sir Iohn Culpepper Mr. Pym Mr. Whitlock Mr. Whistler Mr. Stroud As a Committee are to retire presently into the Committee-Chamber to prepare Heads for a Conference concerning the Proceedings against the Earl of Strafford Mr. Maynard Reports from this Committee the Heads of the Conference to be desired with the Lords concerning the Proceedings against the Earl of Strafford to this effect 1. To offer unto their Lordships that it was last night Five of the Clock before this Intimation of their Lordships Intentions to hear the Earl of Strafford's Council came to this House 2. That upon some Conferences heretofore had with their Lordships a saving was made by this House in the Point Whether Counsel should be heard or not and it 's not now time to consider Whether they should depart from this saving 3. Great difficulties to know to what purpose the Counsel shall be heard the Case not being stated agreed on or made when to propound the danger and inconveniencies if his Counsel make a Case and ravel into all our Evidence in such an Auditory and whether to put the Case as it is alledged in the Articles that the Evidence of Fact being given it was in Propositions from the beginning to go by way of Bill and that a Bill is Exhibited here for his Attainder That the Proceedings by way of Bill stands in no way of opposition to those Proceedings that have already been in this business These several Considerations make more difficulty in this House than to come to a sudden and present Resolution Resolved upon the Question That these shall be the Heads of this Conference the Committee appointed to prepare the Heads are likewise appointed to manage and Report the Conference if occasion be Mr. Maynard Reports That the Earl Marshall acquainted them that he had made a Report of what had been delivered by the House of Commons and they had entred into Debate about it and so soon as they had come to a Resolution they would send Answer by Messengers of their own But in the mean time they had put off the hearing of the Earl of Strafford's Counsel for this day Ordered That the House be Resolved into a Committee to debate further the Bill of Attainder of Thomas Earl of Strafford A Message from the Lords by Judge Foster and Mr. Heath That the Lords desire a free Conference by a Committee of both Houses concerning the business of the Proceedings against the Earl of Strafford presently if it may stand with the conveniency of this House in the Painted-Chamber Answer returned by the same Messengers That this House will give a meeting presently as is desired The same Committee that managed the Conference this morning are to manage this and to Report it if occasion be Mr. Fines is added to the Committee if any new matter be propounded by the Lords at this Conference the Committee is to give no Answer unto it but to Report it to the House Mr. Whitlock Reports this Conference That the Lord Say told them That they had taken into Consideration the great business and were not absolutely Resolved how it should proceed that the Earl of Strafford's Counsel should have Notice to attend there to morrow and should not speak to any matter of Fact but to matter of Law only it was afterwards said by another Lord That the time was so short that they had Resolved not to send for him till they heard from this House Friday April 16th 1641. Post Merid. Ordered That the House do first take into Consideration the Report of the Conference with the Lords Yesterday concerning the Proceedings against the Earl of Strafford Resolved upon the Question That it is sufficiently proved that the Earl of Strafford hath endeavoured to subvert the ancient and Fundamental Laws of the Realms of England and Ireland and to introduce Arbitrary and Tyrannical Government against Law Mr. Peard went up to the Lords with a Message to this effect That this House at present is in Debate of a great business and fear they cannot
justifie the Justice and Legality of the Bill of Attainder Mr. Pym Mr. Stroud Sir Thomas Barrington Mr. Hollis and Sir Io. Hotham are to prepare Heads for this Conference and to manage it Mr. Pierepoint Reports the Conference had with the Lords touching the matter of Law in the Case of the Earl of Strafford My Lord Privy-Seal said That the intention of their House was to have proceeded in the former way to have heard the Council upon the legal part but since it is your desire to have a Committee of both Houses to meet at the time and place before appointed the day being now far spent and finding something of moment to be considered of their Lordships will send an Answer by Messengers of their own in time convenient and therefore shall not meet on Saturday in Westminster-Hall but will sit on Saturday in their own House Friday April 23th 1641. Post Merid. Exceptions were taken by divers Members of the House to the Lord Digby for many Passages in a Speech of his delivered at the passing of the Bill of Attainder of the Earl of Strafford The Lord Digby rose up and in his place explained himself touching those several Passages and there was no more done thereupon at this time Saturday April 24th 1641. Post Merid. Two Petitions from divers of the Citizens of London were this day read 1. To the House of Commons 2. To the Honourable Assembly of the Lords and Commons as followeth To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great Sums of Money to use to call it in and remit much of it by Exchange into Forreign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these Parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English-Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and Imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offendors remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet Reformed and the Earl of Strafford who as now appears hath Counselled the Plundering of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be Practices now in hand to hinder the Birth of your great Endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing therefrom and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their said Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. Subscribed to the Petition 20000 all Men of good Rank and Quality After the Petition was Read and Considered The Lord Russel goes up to the Lords with this Message to desire a Conference by a Committee of both Houses concerning a Petition from the City of London directed to both Houses of Parliament Mr. Glyn is Ordered to manage this Conference and Mr. Hill to assist him and to deliver the Petition from the Citizens of London at this Conference and thence to take occasion of representing the Desires of this House likewise for the Expediting of the Bill of Attainder of the Earl of Strafford Monday April 26th 1641. Post Merid. A Message from the Lords by Judge Reeves and Judge Heath That they are ready for a Conference by a Committee of both Houses to the Petition presented from London for which this House sent a Message on Saturday last Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently as is desired According to an Order on Saturday last Mr. Glyn and Mr. Hill went up to manage this Conference and Sir Walter Earle is Ordered to manage Mr. Pym's part in respect of his absence at this time Tuesday April 27th 1641. Post Merid. A Message from the Lords by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall and there to hear this House according to their own offer when they brought up the Bill of Attainder of the Earl of Strafford
namely the said Earl of Strafford the 12th day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Péer of the said Realm of Ireland and then Uice-Treasurer and Receiver-General of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and kéeper of the Privy-Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the Fourtéenth Year of His Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of His Majesties Subjects whose name is yet unknown and caused him to be put to Death in execution of the same Sentence VI. That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolston did cause the said Lord Mountnorris to be disseised and put out of Possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having been 18 years before in quiet possession thereof VII That the said Earl of Strafford in the Term of holy Trinity in the Thirteenth Year of His now Majesties Reign did cause a Case commonly called The Case of Tenures upon defective Titles to be made and drawn up without any Iury or Tryal or other Legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that case and by colour of such Opinion did without any Legal procéeding cause Thomas Lord Dillon a Péer of the said Realm of Ireland to be put out of the possession of divers Lands and Tenements being his Fréehold in the Country of Mayo and Roscomen in the said Kingdom and divers other of His Majesties Subjects to be put out of Possession and disseised of their Fréehold by colour of the same Resolution without Legal proceedings whereby many hundreds of His Majesties Subjects were undone and their Families utterly ruinated VIII That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of His Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her Five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every month by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly after were conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of His Majesties Subjects upon pretence of Disobedience to his Orders Decrées and other illegal Command by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and extrajudicial course upon Paper-Petitions to him preferred and no Cause legally depending IX That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all lawful Decrees Sentences and Orders issued imposed or given out against them and them to commit and keep in the next Gaol until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect X. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandize Exported out and Imported into that Realm to be farmed to his own Use. And in the Ninth Year of His now Majesties Reign he having then Interest in the said Customs to advance his own Gain and Lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wooll at Thirteen shillings four pence though the same were really worth but Five shillings at the utmost Niue shillings by which means the Custom which before was but a twentieth part of the true value of the Commodity was enhanced sometimes a Fifth part and sometimes to a fourth and sometimes to a third part of the true value to the great Oppression of the Subjects and decay of
time or no. The Lord High Steward answered that their Lordships Commandment is to let his Lordship know That if the House of Commons proceed not by their Members to manage the Evidence this day then what his Lordship hath to say to this House may be put off to another time And so their Lordships Adjourned to the House above by which is meant the House where the Lords use to sit in Parliament and appointed the next morning to proceed in this business The Second day Tuesday March 23. 1640 THeir Lordships being set the Lord Steward recited in brief the proceedings of the day before adding that naturally and properly it belongs in the next place for those whom the House of Commons have deputed to manage their Evidence in pursuance of the Articles of Impeachment to begin the work of the day Then Mr. Pym one of the Committee appointed for the management of the Evidence began as followeth My Lords We stand here by the Commandment of the Knights Citizens and Burgesses now assembled for the Commons in Parliament And we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a Great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause strength and vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Iob to cast out their Sorrows Truth and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Uprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says he would endure any thing rather than be saved by Falshoood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under His Majesty he is bold to affirm That he hath been careful and faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of His Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Usurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Increase of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects He hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is
he heard my Lord of Strafford speak touching Ireland being a Conquered Nation and that the Charters of it were of no value further then it pleased the King to make them His Lordship answered And first desired leave to speak a word hoping he should do no wrong to any man That when he had obtained my Lords Licence under the Great Seal to come over hither he came with as great a Resolution never to complain of any sufferings he had or to Petition against him as any man did and left all his Papers and Writings behind him that he might have nothing to move him against my Lord of Strafford but to do him all the service he could To the question his Lordship said That all he can say is this that he was present that day the Mayor of Dublin was presented to my Lord Deputy that then was and the Recorder set forth the Great Charters they had from the several Kings of England and fell on that matter of placing Soldiers in Dublin without their consent That my Lords Answer was You must understand Mr. Recorder Ireland is a conquered Nation and the King may give them what Laws he pleases And then going forward with the Charters he said They be old Antiquated Charters and no further good than the King is pleased to make them To that sense he said he is sure We desire to observe to Your Lordships That this time was not the only time he spoke the very words in effect to the whole Kingdom afterwards in Parliament The Lord Gorminstone produced and Sworn Being asked whether he heard my Lord of Strafford speak words to the effect as aforesaid That Ireland was a conquered Nation c. His Lordship Answered That he remembers that in the 10th year of the Kings Reign 1634 on occasion of a Petition presented to my Lord Lieutenant in behalf of the Country as far as his remembrance leads him from the House of Commons desiring the benefit of some Graces His Majesty had been pleased to confer on them and he in the open Parliament sitting under the Cloth of State in presence of both Houses told them Ireland was a conquered Nation and they must expect Laws as from a Conquerour And the Instructions granted from His Majesty for setling the Government of that Kingdom were procured from a company of narrow-hearted Commissioners Being asked on my Lord of Strafford's motion when these words were spoken whether the first day of the Parliament or at any other time His Lordship answered That to his best remembrance it was not the first day of the Parliament My Lord of Strafford saying it was at the opening of the Parliament and the second day my Lord Gorminstone being further asked about the time His Lordship answered He knew not whether it were the second day or another day but the particular words he took notice of and it was in presence of both Houses of Parliament the Speaker standing at the Barr. The Lord Killmallock produced and Sworn and interrogated touching the same words His Lordship answered That he was a Member of the Commons House the 10th and 11th of the King and the House of Commons Petitioned the then Lord Deputy the Earl of Strafford for the gaining of the Act of Limitations for the confirming of their Estates amongst other Graces granted to the Agents for that Kingdom in the fourth year of the King These Graces he answered to in writing and on the second or third day after came into the House of Lords and there sent for the Commons and in his Speech amongst other things I well remember and to my grief and to the grief of that Kingdom he uttered these words That that Kingdom was a conquered Nation the words as he remembred and therefore they must expect Laws as from a Conquerour adding further that the Book of Instructions established in King Iames his Reign for the orderly Government of the Courts of Justice in that Kingdom were Instructions contrived and procured by a Company of narrow-hearted Commissioners who knew not what belonged to Government Sir Pierce Crosby being asked touching the same words Answered That he very well remembred the words as they had been spoken by the Noblemen that had been examined before him My Lord of Strafford then Lord Deputy of Ireland in the hearing of both Houses said That Ireland was a conquered Nation and that the Conquerour should give the Law He added further that the Book of Instructions for the Government of that Kingdom was drawn up or procured by the means of some narrow-hearted Commissioners meaning those Commissioners that were employed by Commission from the King out of the House of Commons being a select Committee whereof there was one that is now a Noble Member of this House that sits on the Earls Bench And that he hath heard many of both Houses repeat the same words as spoken by him And so the Commons concluded the Article expecting my Lord of Straffords Answer After a quarter of an hours respit my Lord of Strafford began his Defence as followeth First I desire to open two points set forth in my Answer which under favour I must stand to as that by which I must stand or fall First That the Kingdom of Ireland as I conceive is governed by Customs and Statutes and Execution of Martial Law and Proceedings at Council-Board in a different manner from the Laws of England Secondly That touching the Charters I said these Charters were void and nothing worth and did not bind the King further than he pleased both which I hope to make good The other business that comes in De novo is no part of my Charge and therefore I hope will not be laid to my Charge I observe in the beginning of this part of the Charge that concerns Ireland That the Governours for the Crown of England that have been it Ireland in all Ages almost have had these misfortunes That the Native Subjects of that Country have not been propitious towards them I instance in the case of Sir Io. Perott who on Testimonies here was Attainted of Treason in a Legal ordinary way of proceeding whereupon he lost his Estate though not his Life and afterwards it was confest there was little truth in all that Accusation Next my Lord of Faulkland against whom many of the Witnesses that I think will come against me informed as Sir Pierce Crosby for one my Lord Mountnorris for another and divers others who had so prejudicated me when I went into Ireland in their Opinion by the generality of their Charge that I was a little distrustful whether it was not so And thus much I have spoken once before His Majesty at the Council-Board on another occasion and now speak it to Your Lordships to the Honour of that Person that is now with God my Lord of Faulkland notwithstanding all the heavy cries that were against him and the wrongs and injuries laid to his Charge I
I said at that time tended to that purpose to shew and set forth to them the excellent Goodness of His Majesty and the Graciousness of His Government Therefore if I should say any thing to the purpose as it is offered I should go much against the purpose for which I intended my Discourse For me to have said openly there in the King's Chair that they were a Conquer'd Nation and must expect Laws from Him as from a Conqueror when I knew it most false and expected from His Majesty that He would Govern them by the same righteous Rules of Justice and Honour as his Predecessors had before him I had been much too blame and it had been against the drift of my Discourse And I must say and will say to the death I never spake such words That they must expect Laws from Him as from a Conqueror I know very well how it is proved and what my own affirmation doth in foro Iudicii but how it may work in foro Conscientiae I trust I have so much credit left in the World as to be known to be a man of truth and not usually to speak untruths And I take the heavenly God to Witness that I never spake them I remember the words and the occasion by a good token without which I should not have remembred them my Friends desiring a Copy of my Speech which Copy is in Ireland and were it here would satisfie every man It was to incline them to take into consideration the great Debt that lay on the Crown being near 100000 l. the shortness of the Revenue which was then short of the yearly Charge 24000 l. though the first day it was stood upon and would have been coloured over as if there had been no such thing I was to move thereunto a supply to pay the Debt and to improve the Revenue to such a height as might answer the Charge of the Kingdom that to induce this I told them the Kingdom of England had expended great and vast Sums of Money and had issued a great deal of Noble blood for the reducing of them to Obedience and in that happy State wherein they then lived That they must not think the Kingdom of England must always bear the Charge of the Crown but they must so fit the business that the Kingdom may bear its own Charge For said I and these are the words I take God Almighty to Witness and no other If the Kingdom of England should still be put to their Charges and the whole Expence should still rest on the Conqueror you might very well think you are so dealt withall as never any other Conquer'd Nation had been That on these words my Lord of Ormond came to me and told me That the words he had spoken were not well taken For that I had said The Irish are a Conquer'd Nation and that is not well I answered his Lordship Truly my Lord you are a Conquer'd Nation but you see how I speak it and no otherwise But this I am not charged with and offer it only to keep and preserve me in a good Opinion as much as I can of both Houses of Parliament which I desire of all things under Heaven next the Favour of Almighty God and his Gracious Majesty He then proceeded to examine Witnesses And first Robert Lord Dillom being asked Whether he was present when he spake these words to both Houses of Parliament and what they were We desire to put your Lordships in mind that there were two times when my Lord spake such words one when he spake to hoth Houses of Parliament at the Publick Speeeh now mentioned the other upon delivering a Petition by the House of Commons That the words which the Commons Charge were the last mentioned by me not the first and that was desired to be observed The Question being repeated The Lord Dillom Answered That he served as a Member of the Commons House that Parliament and in respect of the Honour he had to be of the King's Council and the Son of a Peer of the Realm he stood under the Cloath of State and was present when my Lord made his Speech to both Houses for that passage of the Conquest some touch there was of it and he hath heard my Lord of Ormond speak in particular of it For the other words That they should expect Laws as from a Conqueror he took God to witness he did not remember them Being asked whether he remembers them to be spoken at any other time He answered That on his Soul he doth not Sir Adam Loftus being asked to the same purpose He Answered That he was the first and the last day at the Parliament that he doth not well remember the middle day and he cannot burden his memory with any such words spoken that he heard either then or at any other time Sir Robert King was called and asked to the same purpose He Answered That he thinks he was present that day but not within hearing and he never heard the words at any other time Lord Renula being asked Whether then or at any time he heard my Lord of Strafford say They must expect Laws from the King as from a Conqueror He Answered That he was then in the House and remembers the words in the first place That Ireland was a Conquer'd Nation that for the words in the second place something was spoken but how far he cannot witness Sir George Wentworth questioned on the same Point Answered That he sate under the Chair of State at that time and remembers not that my Lord ever spake these words That the King might do with them as he pleased That it pleased my Lord-Lieutenant to send him into England at that time to attend His Majesty with the Success of that Parliament and that he brought the Speech with him and can confidently affirm There was no such thing in the Speech and the Speech he did deliver to some Privy-Counsellor and added That he never heard my Lord publickly or privately say those words They must expect Laws from the King as from a Conqueror We desire to know Whether the Witness was returned out of England when this Remonstrance was delivered For the Commons Charge it thus That the House of Commons delivered a Petition to have the Laws executed according to the Instructions upon which the words were spoken and we believe Sir George Wentworth was not come back and then it was impossible he should hear him for it was after the Parliament had sate and some proceedings had I observe How it is in some of the Witnesses for my Lord Gorminstone fixed it on the first beginning of the Parliament He spake it to the occasion of the Petition but the distinct time he doth not remember Sir George Wentworth being asked touching the time of his going into England He desired to know what time the Petition was delivered but he went over some few days after the Subsidies were granted
I told the Lieutenant that I did hold the Council-Chamber could not hold Plea of this and thereupon cited 28 H. 6. the Book of Orders the Proclamation Then I moved his Lordship that in regard Gwyn was a poor man and not answerable and might get the Rents being near 100 marks a year he might give security for the Rents if I should recover them by course of Law That my Lord of Strafford thought it just it should be so entred in the Order And being asked how that came to be left out He Answered That Sir Paul Davis the Clerk of the Council told him my Lord of Strafford found fault with it and struck it out with his own hand Being asked what words he heard from my Lord of Strafford concerning the said Order at Council-Board in King Iames his time He Answered That there was a Parsonage in the County of Kerry in his Presentment and it fell void the Dean and some others commended one Atkinson to be his Vicar That on their Commendation not knowing him himself he presented him without any consideration That Atkinson afterwards fell into decay and was Imprisoned and the Prison being very loathsome the Bishop wrote unto him this Deponent and sent him a Lease under the Hand and Seal of him the said Bishop and the Incumbent with a Label for his the Deponents hand and desired him to seal it for 40 s. a year to another that Atkinson might pay his Debts and stock himself with Cattle That he the Deponent refused it though brought 50 miles from his House fearing it might be prejudicial to the next Clerk That the Bishop sent Atkinson's Wife back over the Mountains with his Letter and the Lease and he the Earl of Corke did sign it then For seeing the misery of the poor Woman and her Children he thought it a work of Charity and it continued so till my Lord of Strafford came to the Government That then he had a Bill preferred against him in the Star-Chamber for breaking an Act of State That none should make a Lease for longer than the Incumbents life and desired that the Bill should be read in all the Proceedings of it That thereupon he told the Earl of Strafford it was a work of Charity and he never heard of such an Act of State being not published and made in King Iames his time and in the Lord Grandisons Government who are both dead And therefore he conceived there was no cause to charge or prosecute him for it being but an Act of State That my Lord of Strafford Answered I tell you my Lord as Great as you are I will make you and all the Subjects of Ireland know That any Act of State made or to be made shall be as binding to you and the Subjects of Ireland during my Government as an Act of Parliament Being asked on my Lord of Straffords motion whether the Order made in the Case of Gwyn was not made by the major part of the Votes of the Board He Answered That he did say that it was Voted at the Council-Table but he knows not whether it were done by the major part and afterwards with a lower voice His Lordship added that he thinks it was never Voted Iohn Waldron Sworn was examined touching the words my Lord of Strafford was charged to say touching an Act of State being equal to an Act of Parliament and the occasion He Answered It was his chance to be at Council-Table when a Cause depending between the Merchants of Galloway and some others that prosecuted the business in behalf of the Church about a Lease made by the Dean of Derry which was debated at the Council-Board And there was one Mr. Martin of Council for the Merchants and he pressing hard for his Clients It pleased my Lord to think he had over-shot himself or was too forward and asked what he had to say that he prest that Cause so hard That Mr. Martin Answered him He had an Act of Parliament or Statute or to that purpose That my Lord of Strafford Replied again Sir I will make you know That an Act of this Board shall be as good as any Act or Statute or words to that effect Iohn Kay after some Exceptions taken by the Earl of Strafford against him as no fit Witness in respect of his prosecuting a Suit against his Lordship for the Lady Hibbotts which was Over-ruled by their Lordships was sworn and being asked touching the said words to be spoken by the Earl of Strafford and the occasion and the time He Answered That he was present at Council-Table by chance when there was a Cause wherein Mr. Martin pleading for his Clients My Lord-Deputy then asked him What made him so earnest for it He said He had an Act of Parliament or Statute to justifie his Cause Hereupon my Lord-Deputy Answered He should know that as long as Himself sate in that Place An Act of State should be as strong as an Act of Parliament or words to that effect Being asked of the time He Answered He doth not remember the time but it was three years and upwards It was before Iuly 1637. but the Day and Year he remembers not but it was in the Case where Mr. Martin was Council My Lord Corke being asked about the time he said It was in 1635. about February Mr. Waldron being asked Whether it was in a Church-Cause Answered My Lord-Deputy made an Offer That if they would take a Lease for 21 years at full value they should have it But if they would stand on the Trial of the Lease they must take the adventure And Mr. Hoy being asked Whether it was a Church-Cause He Answered He conceived the Church was Interested in it Lord Kill mallock asked Whether he heard my Lord Strafford say An Act of Council should be as Valid as an Act of Parliament when on what occasion and to what scope He Answered That he was at Council-Table some four or five years ago and there did hear my Lord of Strafford say to one of the Council he cannot say it was Mr. Martin He would have him know as long as himself was Governor An Act of State should be as binding as an Act of Parliament on what occasion he cannot say He further said That in the 10th Year of the King in the Parliament held in Ireland he heard Sir George Ratcliffe my Lord of Strafford's Eccho in that House say On occasion of a Bill that was cast out in that House making it Felony for any to have Powder without Licence It is all one he would have an Act of State for it which should be as binding as an Act of Parliament Sir Pierce Crosby was asked Whether he heard my Lord of Strafford at another time say An Act of Council should be as valid as an Act of Parliament when on what occasion to what intent He Answered That he doth very well remember the words the time not precisely but he was sure it was soon
after my Lords coming into Ireland and before the Parliament and was the cause of the first Exception against him the said Sir Pierce Crosby for he reasoned it with his Lordship being at his own Table at Dinner there being then present and sitting next to him a Member of this Honourable House my Lord Castlehaven There were likewise my Lord Osmond and several others of the Council of Ireland The words were these That if he lived He would make an Act of State to be of equal Power with an Act of Parliament That he the Deponent thought his Lordship spoke it merrily and answered him in the same kind saying My Lord when you go about to do this I will believe some body will rise as an English Gentleman did in England and desire a Clause of Exception that it may not reach to himself his Kindred and Friends That my Lord of Strafford looked on him very earnestly and said He would take him whosoever he was and lay him by the heels That this was in Parliament time And he the Deponent would fain have qualified it but Parliament or not Parliament says my Lord Ireland is a Conquer'd Nation and the Conqueror should give the Law That he the said Sir Pierce Crosby Replyed My Lord then I beseech you give me leave I am one of those that must uphold an Act of State by all lawful ways having the Honour to be a Member of the Government though unworthy What will be alledged on the other part they will say an Act of Parliament attaints and restores Blood and doth many things an Act of State cannot reach to for it is confined within the limits of the Government That my Lord having not to Reply to this rose in some choller and told him the Deponent of something else he conceived he the Deponent had done amiss at Council-Board on a Statute that was in debate And so the Manager concluded the Article with thus much more The Article in the conclusion of it charges him with scorning the Government and Laws And it was desired their Lorships would take notice of what is proved out of these words and the concurrent proof Yesterday The Earl of Strafford begins his Defence saying First I must stand upon the truth of my Answer which must be good till it be denied so far as goes to matter of Misdemeanor I have not had time to examine Witnesses having not liberty till Friday last which I urge by way of excuse if my Answers give not full satisfaction Here is an Order of the House of Commons there whereby your Lordships may perceive how unlikely I am to have any thing from Ireland that may work to my Justification which was read and bears Date 25. February 1640. Authorising those undernamed to go aboard any Ships and seize search and break up all Trunks Chests and Cabins aboard To seize on all Silver and Gold except small Sums and all Debts Evidences and Writings as they shall think fit of him the said Earl of Strafford This his Lordship conceived to be a great Violation of the Peerage of the Kingdom For making good of his Answer his Lordship Alledged That the Council-Board of Ireland is a Court of Record which differs much from the Council-Board of England and that they proceed there by Bill Answer Examination Publication and all the formal courses of legal Proceedings That my care to preserve the Authority of the Deputy and Council is not a Subversion of the Laws Only it directs it and puts the execution of the Law another way That for Reasons of State it must be preserved being the place of Resort for Protection and Defence of the English Planters and Protestant Clergy I shall produce and acknowledge the Instructions made 22 Iac. and I shall read part that bounds the Council-Board particulary mentioned in the Reply to the Third Charge I desire a Book may be read a Book in the hands of Mr. Denham containing certain Answers given by the Lord Chichester to certain Complaints made against that State and written with Mr. Baron Denham's own hand which on debate was Resolved not to be read being written only for a private Remembrance I shall refer to my Lord Ranulagh's Deposition the other day to satisfie your Lordships touching the Proceedings at Council Table To prove the Council-Board to be a Court of Record Robert Lord Dillom being asked Whether before my Lord Strafford's time he had not known always during his memory the Deputy and Council in all causes of Plantation and the Church proceed by Petition Answer Examination of Witnesses Publication and Hearing as in other Courts of Equity and upon Oath He Answered That he remembers in my Lord Chichester's time of Government it was the practise of the Board so to do That he remembers it in my Lord Grandison's time that he had the Honour to be called to the Council-Board under my Lord Faulkland's Government and knew it then And it was in the Justices time that preceded my Lord Strafford's Government To have Petitions Examinations of Witnesses Publication a day of hearing granted and all ordinary Proceedings Being asked Whether at that Board they have not been punished who have disobeyed Proclamations and Acts of State before my Lord Strafford's time and how long He Answered That out of his Observation at Council-Table Acts of State were made because of the scarcity of Parliaments that they might be a Supplement to Acts of Parliament that he hath known before and when he sate at the Board on contempts of these Acts of State or Proclamations which he said he had heard the Judges say to be a kind of Law of the Land for the present the Parties were Attached brought to the Board and upon full Examination of the Cause and Proof of the Contempt sometimes Imprisoned sometimes Fined according to the Delinquency and Degree of the Offence supposed to be committed Being asked of Fines in Cases between Party and Party He Answered That he doth not remember any Fine imposed in a special Cause betwixt Party and Party Sir Adam Loftus being asked to the same purpose He Answered It hath ever been since his remembrance the constant Practise there in Causes of the Church and Plantation to proceed on Petition Answer c. and Fines imposed on Breakers of Publick Acts of State and Proclamations But he remembers not any Fines for Contempts in case of particular and private Interest We shall admit it to have Cognizance of matters of Plantation and Church and such as are recommended from the King to the Council here But not to be a Court of Record From these Proofs I infer That the Council-Board there hath another Constitution then here where it is only a Court of State I shall produce the Order made in my Lord of Corke's Case which I observe to be in the Case of the Church and so within the Cognizance of Deputy and Council The Order was read being signed by Sir Paul Davis
an Order made my Lord of Strafford threatned the Earl of Corke for Suing at Law That the Justification brought by my Lord of Strafford is an Aggravation restraining Liberty to Sue at Law to a year else to be concluded for ever Whereas my Lord of Strafford says he hath spoken unwisely but done nothing sure he that Threatens doth something and his Actions will appear in the next Articles For the Priviledge of Peerage It were to be wished he had known or remembred it sooner in my Lord Mountnorris his Case That though he says Acts of State are to be allowed for temporary provision till an Act of Parliament yet when things are propounded and rejected in Parliament shall he supply it by an Act of State We desire to examine one Witness more The Earl of Strafford excepting against it as not regular the Lords Adjourned to their House to take consideration of it And a little after returning the Lord Steward declared their Lordships Resolution That the Witness might be examined The matter in question arising from what was offered from the Earl of Straffords Defence Roger Lotts Sworn and examined what words my Lord of Strafford gave out when an Act for Powder would not pass in the Commons House and what Act of State was thereupon made He Answered That he had the Honour to be one of the Members of that Parliament that began 1634. and ended April 1635. That at the Close of that Parliament my Lord of Strafford then Lord Deputy told the House of Commons then sent for up That they had Voted against some Bills in the lower House amongst the rest that of Gun-powder where it was made Felony for any man to buy or have any unless he got a License first for it That my Lord afterwards told them That notwithstanding they had Voted against it yet he would make that and some other Bills they had Voted against Acts of State that should be as good and said he heard it was done afterwards but he doth not know that This Witness is something of Justification of my Lord of Corke's Testimony against which my Lord of Strafford hath made some Exception And the Lord Digby added something for the Justification of my Lord of Killmallocks Testimony against which my Lord of Strafford had likewise excepted And so the Reply was concluded To the Deposition of Roger Lotts my Lord of Strafford Answered I had received direction concerning Powder it being not conceived fit for Reasons of State to buy and have Powder at pleasure or that that Commodity should be so frequently brought into the Kingdom and committed to unsafe hands so in that point I did but what I was commanded out of many Reasons which I desire I may forbear to express it not conducing to my Acquittal or Condemnation And so the Lords Adjourned The Sixth day Saturday March 27. 1641. THE Fifth Article The Charge That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the Subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Freé-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm and namely the said Earl of Strafford the Twelfth day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Peér of the said Realm of Ireland and then Uice-Treasurer and Receiver-general of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and Kéeper of the Privy Signet of the said Kingdom a Sentence of death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the month of March in the Fourtéenth year of his Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to Death in Execution of the same Sentence THe Manager began to open this Article shewing That though my Lord of Strafford insisted on it That whatever his words were his Actions were not against Law This Article comes properly to reply to that Answer It charging him with exercising of a Tyrannical Power over the Person of a Peer of that Realm And first It was desired that the Sentence of Death against my Lord Mountnorris might be read which was attested on Oath to be that which was delivered by Mr. Secretary Windebanck upon the Commons humble Suit to His Majesty for His leave to have a Copy thereof That the Papers concerning my Lord Mountnorris might be delivered into the House occasioned upon my Lord Mountnorris his Petition to the House in that behalf The Sentence was read Reciting first His Majesties Letter Iuly 21. then last wherein notice is taken of the Respect due to the Deputy and General of His Majesties Army and of the Carriage of my Lord Mountnorris holding a Captains place in the Army in uttering Speeches inciting a Revenge on the Earl of Strafford Lord Deputy and Lord General and Command thereby given on receipt thereof to call a Councel of War and that the Lord Mountnorris should undergo such censure as the said Councel of War should impose for the Lord Deputies full reparation Secondly That a Councel of War was accordingly called the words are also set forth and the occasion as followeth That within three or or four days after the Lord Deputy had Dissolved the Parliament his Lordship sitting in the Presence Chamber one of his Servants in moving a Stool happened to hurt the Lord Deputies Foot then indisposed through an accession of the Gout which being spoken of at the Lord Chancellors Table one said to the Lord Mountnorris being there present it was Your Lordships Kinsman who is one of the Lord Deputies Gentlemen Ushers that did it Whereupon the Lord Mountnorris publickly and in a scornful and contemptuous manner answered Perhaps it was done in Revenge of that publick Affront that my Lord Deputy did me formerly But I have a Brother that would not have taken such a Revenge Thirdly The Sentence likewise sets forth That the Lord Mountnorris would not Answer the said Charge negatively or affirmatively though required by the Councel of War Fourthly That thereupon the Witnesses for proof thereof were called viz. Viscount Moore and Sir Robert Loftus who upon Oath deposed the same words to be so then and there spoken and the Lord Mountnorris at last submitted himself to the Councel protesting that whatsoever interpretation might be put upon his words he intended no hurt to the person of his said Lordship
my Lord of Strafford were a Partner But he the Examinant had no such great cause to desire it for he was not in three years but his Son was put out again when it came to matter of profit they were gone To this my Lord of Strafford did by the way Answer in substance That His Majesty gave Consideration for it and had the benefit himself And so I hope I have cleared how I came into the Bargain and that I cannot be Charged with procuring the Book of Rates it being Printed 10. March and my Lease began 21 April after and that the Right being in the Crown your Lordships will not conclude it till you have heard it for the King it being his loss in â… parts which was intirely His. And whereas I am Charged with raising the Book of Rates though done before my time yet I was taught here in England that they might have been raised to a much higher Rate than they were and to that purpose there came a Letter from His Majesty whereby in 1637. a Proposition was made of raising the Rates the Book being conceived not to be so high as it ought to be His Majesties Letter was read Mr. Slingsby affirming it to be a true Copy and that he saw it compared with the Original Imparting That His Majesty finding the Impositions set on Merchandize of all Ports to be well accepted and to have ready and free passage had Resolved That such Impositions be laid in Ireland as be fit for that Kingdom and to that end had caused a Book to be drawn with fit Considerations of the difference of Trade in both Kingdoms which was sent to my Lord of Strafford to advise of the Particulars who if he found that any may bear a greater proportion he may add what he will if he find any over-rated he may deliver his Reasons to be considered and Regulated by His Majesties Committee here Dated the 10th of Iuly 1633. My Lord of Strafford observed That at the date of this Letter he had an Interest in ¼ part of the Farm and desired that my Lord Dillon might be asked how my Lord of Strafford carried himself in it Lord Robert Dillon being asked Whether my Lord of Strafford did not join with the Council to disswade it He Answered That he was at the Board when the Original of this Letter was read as he takes it for there was brought with it a Book of Rates that he remembers not the particular words of my Lord of Strafford but he is sure by the whole Board the entertainment of those Rates was dis-advised And it was Resolved a Letter should be written to dis-advise it but he remembers not when the Letter was written Whence it may be observed That I was not very tender of my own profit which laid to the other I hope will clear me of this Article wherein there is nothing of Treason and nothing can be imputed to me unless that the Kingdom of Ireland is under the King 's blessed Government an increased and growing Kingdom and the Trade enlarged to such a proportion as makes the Customs of far more value than they were heretofore should be turned on me as a Crime And as for Treason your Lordships see no Complexion towards so foul a Crime and for all things that may reflect on me as Misdemeanors in due time and place I trust I shall clear my self from that as well as I do from this Charge of High-Treason Mr. Maynard Replyed thereunto in substance as followeth That whereas my Lord of Strafford says That to prove the matter of profit to himself of loss to His Majesty is impertinent They Charge that what he did was for his own Lucre. He Answers That what he did was for His Majesties Profit Therefore whether it be for his Lucre or not is in issue and that they have proved and that which he puts in issue is not to the purpose nor proved Whereas he says This Article is not Treason yet look to the whole body of the Charge his taking away the Property of the Subjects his inducing this by subtilty by force or advice to bring it to pass if these be proved their Lordships will be of Opinion with the House of Commons That it is a high and a great Treason Therefore let him not say this or that piece is not Treason let him Answer it if he can That the subverting of the Fundamental Laws be not great a Treason My Lord takes advantage that the Patent to the Dutchess concerns not him for it is granted in March and his 21. April following but if the Times be observed it will answer it self for the 10th of March 7 Car. the Rates are raised 21. March my Lord of Carlisles Patent is surrendred 24. March the Dutchess Patent dated and 21. April 8 Car. some 30 days after my Lord of Strafford's Lease is passed If this had been intended for the Dutchess she would have kept it but she keeps it not to pay a days Rent or receive any profit But this will intrench on my Lord of Strafford's Answer on the ingenuity of which he stands so much for he says There were Propositions to raise these Rates and he was acquainted and intreated to go on and thereupon he enters into the Bargain We desire your Lordships to mark the time that if there were these Propositions to raise the Rates and this Lease must be drawn on the raising of the Rates then was he interressed in the raising of the Rates before he was interressed in the Lease And then there is the Execution of a Design carried in several hands which tend to one purpose for he enters into it the seventh year and his own Lease is the eighth and therefore it was on his own Design and Counsel and for his own Profit My Lord instanceth That the Article lays the Book of Rates to be raised 9. whereas this was done 7. Mr. Maynard observed Time is not material had they charged him to have made a Book of Rates such a Date it had been something But if an Offence be laid in one year and it appears to be done in another year he must be punished for that now which he did at any time To the Tunnage and Poundage being the Inheritance of the King it is so in Ireland but the Point is the Oppression of the Subject when he makes that three which is but one and so instead of giving the King his due to extort from the Subject what he ought not to pay If he says Proofs could not be had to prove a greater value of the Commodities he had time to produce a Witness out of all Ireland The Commons have produced them that speak of the highest value and there is great difference between three four five the highest is six and twenty What occasioned Williams to Relinquish the Bargain is not material But in what Case is the Subject of Ireland that when a
Car. was first Read By the Lord-Deputy and Council A PROCLAMATION concerning the Importing of TOBACCO By which Proclamation is set forth in Substance as followeth THat whereas unsound Tobacco is brought in c. by the Unlimited Liberty of divers to Import c. and being no Usual Commodity c. a strict Charge is given That none presume from the First of May next to Import any Tobacco without Special Licence from Us on pain of incurring His Majesties high displeasure and the Punishments due for such Contempts The Proclamation concerning Sealing of Tobacco was next Read the 23 d of Feb. 13 Car. By the Deputy and Council Wherein THe former Proclamation is Recited And to prevent Secret Wayes of Importation a Charge is given from the last of May next no Tobacco be put to Whole-sale unless it be in compleat Rolls which may be conveniently Seal'd and to be Sold with two Seales one to be affixed at each end which Seal order is taken to be provided for that purpose That what Tobacco shall be found without those Seales the Kings Officers may search for and seize and convey to the next Port which Course shall be taken that every Seizor shall have 6d. for every Pound as an Encouragement and that the Officers shall commit the Persons of such in whose hands such Tobacco shall be found till Security shall be given to appear before the Deputy and Council and not to depart without Leave c. Mr. Maynard observed That Iohn Carpenter c. who are imployed in this business are all Servants to my Lord of Strafford but Little who is Sir George Ratcliff's Servant who did accordingly make Seizure And he farther observed That my Lord of Strafford had several Magazines of Tobacco and that from time to time brought in was bestowed there And on the First Day of his Defence my Lord of Strafford said 40000 l. of his Tobacco was Seized To Prove the Execution of these Proclamations Timothy Crosby Sworn and Asked Whether Ships have not been Prohibited to Land their Tobacco He Answered Yes Since the 11 th of November 1637. and he Instanced in Governour Briskett of Montserratt Mr. Arundel Being Asked If any Ship Perish'd upon the Restraint He Answer'd The Iohn of Kingsale It came into Lymerick and being not there suffered to Sell was forced to Galloway and was cast away going into another Harbour And this because She was not one of the Magazine Being Asked What Rates the Merchants sold their Tobacco for before this Restraint and what since He Answered Before the Restraint for 6 d or 7 d the Pound and other times for 14 d and 16 d on Shipboard and since some at 9 d a Pound and others at 6 d Ob. Being Asked Why the Ships were not permitted to Land He Answered Because they would not pay 2 Shillings a Pound 18 d Custom and 6 d Impost Whence Mr. Maynard Observed That if they come for the Use of my Lord of Strafford and his Party they must pay 3 d if for others 18 d and Impost Patrick Allen Sworn Being Asked to the matter of Restraint He Answered That a Ship of 80 Tun was not admitted to Land at Yoghall but forced to carry her Lading of Tobacco to St. Mallis in France where he believes it is That a Proclamation was out in 1638 That no Merchant should Land any Tobacco without special Licence of the Patentees That before the Proclamation he bought Tobacco for 6 d and 7 d a Pound a great Quantity of one of Dartmouth and since they pay 2 Shillings 7 Groats 8 Groats and 3 Shillings That the Patentees pay the Merchant 6 d or 7 d a Pound which is the most he hath heard of Iohn Welsh Sworn and Interrogated to the same matter Answered It was not granted they sold as much as would pay for their Provisions for which they had 6 d a Pound but would not give way to Land any more of it That one Arundell of Excester put into Waterford and he the Deponent was in Company with him to Dublin and desired that if the said Arundell could get off his Tobacco he would sell it him the Deponent who would give him 2 Shillings a Pound for it That he could not get it off and sold it to Ioseph Carpenter for 6 d a Pound That he paid for some Landed at Waterford by one Wells 16 d a Pound ready Money That the Patentees do usually buy at 6 d Only there was a Bargain made with one Arundell to take it at 8 d or 9 d but how far they went he knows not That one White of Waterford put into Lymerick and told him the Deponent That he got but 4 d a Pound for his Tobacco Being Asked What Quantities he conceives is brought in Annually He Answered That he hath Estimated it with advice of others that Ireland cannot consume less then 500 Tun a year Others say It doth far exceed and 500 Tun is near 140000 l. at 2 s. 6 d a Pound Being Asked Whether he knew any Sentenced on these Pretences He Answered He saw Patrick Wells Merchant of Waterford stand on the Pillory for having Unsealed Tobacco and exposing it to Sale Richard Whitwick for the like offence Pillory'd at Waterford That he hath heard of diverse others And he thinks the Book of Censures is here under the hand of the Farmers Sollicitor and sent to the Committee out of Ireland by a Messenger Express Patrick Gough being required to Answer truely Whether the Book produced containing an Abstract of the Sentences made in the Castle-Chamber was delivered him by the Committee in Ireland He Answers That he believes it was among other things delivered him by the House of Commons to be brought to the Committee Sealed up in a Box. But the Committee not thinking fit to offer the Book in Evidence Patrick Gough was examined whether he heard of any Sentenced in the Proclamations for Tobacco He answered He knew divers and there were three or fourscore from time to time attending in the Council-Chamber committed to the Marshalsey and prosecuted by Hunt and these were as he remembers in Easter Term last And Michaelmas Term before and every year for three years past That he hath heard of 60 at a time committed and they were sentenced for having Tobacco unsealed Being asked on my Lord of Strafford's motion whether my Lord of Strafford was a Partie to them He answered That as he remembers in Michaelmas Term last was 12 moneths there were three Waterford men sentenced whereof one was for 9 l. of Tobacco One of them Fined 100 l. and loss of his Office being Waiter The other 100 l. and the Merchant 100 l. and both committed and their Fines reduced after to 20 l. That they were fined before the Council at the Council-Table and as he remembred my Lord of Strafford was then there Mr. Maynard did then produce a Sentence under my Lord of
till April following and he thinks till Publication was granted Lorky being Sworn and Interrogated touching my Lord of Esmonds restraint till the passing of Publication He Answered That when my Lord of Esmond heard that my Lord of Strafford had Incerted him into a Bill amongst other Defendants in the Star-Chamber my Lord desired leave to come to England to make his Defence in that Cause and to appear in it in person because without his Lordships leave he could not come over by vertue of this Proclamation My Lord sollicited his leave first by a Petition Aug. 1638. afterwards by several Letters some he the Deponent carried to his Lordship who still denied leave and would not suffer my Lord of Esmond to come over till after Publication was granted in the Cause which he conceives was in April my Lord of Esmond having sollicited from April 1638 till Aprill following Richard Wade Interrogated What my Lord Lieutenant said to him concerning my Lord of Esmonds coming over He Answered That on delivery of the Kings Letter to him when he looked on it in the evening the out-side said my Lord of Strafford is Secretary Crookes hand and to morrow morning if you attend me you shall have an Answer That the next morning he the Deponent came to the Secretary Carr who told his Lordship The Deponent was there That my Lord sent for him the Deponent to his Study and said What needs my Lord of Esmond be so importunate for he can do nothing there but his Attorney and Agent may do it Indeed said he the Deponent My Lord intends only to go over to get a Commission to justifie his Innocency Why then saith my Lord of Strafford I will not give way he shall have no Commission but what is out already and if he have any Commission it is but Negative And Mr. Palmer observed That by this meanes my Lord of Esmond came to be Sentenced and Mr. Maynard added That so might the most innocent Man Lord Roche Sworn and Interrogated Whether he did not demand a Licence and was deny'd and in what suit he thought to be relieved He Answered That he prayed my Lord to give him leave and he deny'd him That his occasion to come over was about an Information preferred against him half a year before in the Star-Chamber conceiving that there were some intentions against him that tended much to his prejudice by my Lord Deputy and Lord President of Munster who were the occasion of the Information as he conceived and that he intended to come over hoping he might do something with the King and their Lordships and when he demanded Licence his Lordship coming to take Ship and he the Deponent conducting him he deny'd it him the Deponent and the Suit was not pursued in five or six months and till my Lord went over nothing was said of it which was five or six months more My Lord of Strafford desired he might be Asked Whether he was not then Prisoner in the Castle he alleadging That he was in prison for divers great Misdemeanors and being Interrogated accordingly He Answered That he was not a Prisoner in half a year after till my Lord came out of England nor was the Cause followed in five or six Months after he propounded a Licence to his Lordship which was the day his Lordship went Aboard The next case offered is the case of Dermond Mac Carty who had a Suit against him several times dismissed in a Court of Justice which my Lord Deputy took afterwards into determination himself and made an Order against him in the Cause that was so diminished Mac-Carty Grandchild to him against whom the Order was made who was not bound by the Order having no Land nor Office in Ireland and so not bound by the Proclamation desired leave to come into England to Complain indeed of this Injustice though he pretended it was for his Education but was deny'd by my Lord and by others in his absence because my Lord had deny'd him before The Petition subscribed by my Lord Deputy himself was Read my Lord Acknowledged it to be under his own hand To the Right Honourable the Lord Viscount Wentworth c. THe humble Petition of Dermond Mac-Carty showing That your Petitioner for his Private Occasions specially for better Breeding and Education is desirous to Travel into the Realm of England He therefore most humbly prayeth your Lordship will be pleased to Licence and Dispence with his Iourney thither And he will ever pray c. Dublin-Castle 28 Iune 1637. FOr Our Reasons best known to Our Selves We think it not fit to Grant the Petitioners Request but do rather hereby expresly inhibit and forbid him to Transport himself into England or any part beyond the Seas without Our Licence first had in that behalf And of these Directions the Petitioner is required not only to take notice but also obey the same as he will answer the contrary at his utmost Peril On a second Petition preferred by Mac-Carty because my Lord Deputy had refused to give him Licence Sir Christopher Wainsford did also refuse his Licence The Petition and the Answer thereunto purporting to that effect were Read Iames Nash Sworn and Interrogated Whether the occasion of these Petitions was not to Complain of that Decree made by my Lord Deputy in a Cause that had in a Court of Justice been dismissed He Answered That he knew the passages of all the Causes having been a Sollicitor and Agent for the Father of Mac-Carty and waiting on their occasions in Dublin That after the obtaining of two Dismissions in the Suit my Lord did Order and Decree for Sir Iames Craig 5496 l. against Mac-Carty And on this Decree an Order to Dispossess him of all his Fathers Estate and he being Banish'd into a Foreign Part the young Man for fear would not come in and appear but hoping to have Redress in England did Petition in this matter in desire and hope to have Redress in that dismission made by the Lord Strafford Mr. Palmer Opened the Case of Parry his Fine and Imprisonment who is mentioned in the Article That he was Servant to the late Lord Chancellor was Examined before my Lord Deputy of some things that concerned his Master and had Answered so much as it pleased my Lord to require of him That after this being used to follow my Lord Chancellors occasions my Lord Deputy to prevent his coming over referred him to further Examination before the Iudges whom he attended five or six dayes but there was nothing to examine him upon for he had delivered all that was required as fully as he knew That finding my Lord Chancellors occasions very urgent he came into England and as soon as he came hither it seems he was followed with directions thence for by Warrant from Secretary Cook he was apprehended by a Messenger and the Warrant expresses it that he was one that came over without Licence That he was
this Board in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board deserves such proceedings against him as may be both Punishment to him and Example to others It is therefore Ordered That he stand Fined in 500 l. Bound to his Good Behaviour stand Committed to the Castle during the Deputies pleasure and make acknowledgment of his Offence at this Board And the Form of his Submission is set down I Acknowledge I presented a Presumptuous and Untrue Petition c. Given 30 October 1638. The Names of those that Subscribed it were also Read Whence my Lord of Strafford observed That he was not Sentenced for going without Licence but for other Causes and desired my Lord Dillon and Sir Adam Loftus whose hands are to the Decree0 might be Asked a Question or two And first to the business of my Lord of Esmond which had been forgot before Robert Lord Dillon being asked Whether he remembred any Charge laid against my Lord of Esmond for a practice against Sir Walsingham Coke whereupon being Examined And When it was He Answered That he remembred it was about that time when a Letter was written from the Judges of Assize that went the Circuit of the County of Wexford and they Reported That they had taken Examinations Whereupon it was mistrusted or at least suggested That my Lord of Esmond was to set some on to cut off Sir Walsingham Coke and this being taken into consideration it was resolved That till the Judges had determined Whether it was Treason or not he should be stayed for a time and as he takes it it was Resolved he should be Advertised into England Being Asked on Mr. Maynards Motion What time this was He Answered The Question is sudden to him but it was much about the time that my Lord of Esmond had been in Town before but he cannot expresly speak to the time But my Lord of Strafford observed That the Complaint came from the Judges of Assize when they came from the Circuit and that was alwayes about August Lord Dillon being Asked What year it was He Answered He cannot tell the year of the Lord in Terms but he remembers it was much about that time when my Lord of Esmond was Questioned and about Summer Circuit My Lord of Strafford proposing That my Lord Dillon might be Asked What he remembred of the Sentence against Parry and What his behaviour was To this Mr. Maynard excepted as not proper to Examine the Judge Whether his Sentence was just or no To which my Lord of Strafford Answered That it is as equal the Judge that gives Sentence should be Examined as the party against whom the Sentence is given That this is a Sentence for things spoken and done at the Board which stands not on such Niceties but Contempts and Misdemeanors to a Court are frequently determined without Examination of Witnesses and this is a Misdemeanor done in the place But my Lord Dillon being spared from Answering Sir Adam Loftus was Examined What he knew of that practice of my Lord of Esmond against Sir Walsingham Cokes Life And when He Answered That the first time he heard of it was upon an Information of the Judges of the Circuit to my Lord Deputy then in Ireland as he takes it and he thinks my Lord was not then in Town but sent that Information to the Council at Dublin his Lordship being then at his Countrey-house and therein some Practice against Sir Walsingham Coke of certain Rebels and Outlawes that had laid in Ambush near his house was set forth and thereupon that Letter was sent to the Council to Consider of it and take course for his Security That this was not all neither for the Examination of a Rebel in the Castle brought it home nearest to my Lord of Esmonds Case But because the Rebel was a Man of that condition it was not thought his Testimony could be prevalent against my Lord of Esmond therefore the other Witnesses were sent for to be Examined in the Cause Now this Course of Examination held a matter of three weeks or a month or thereabouts he doth not well know the time but these Men not concurring with the Testimony of the Rebel in Restraint there was no words made of it but my Lord of Esmond was dismissed and left to take his own Course The time was as he takes it in the Summer Assizes 1637 or 1638 he knows not which And this is the truth and all he knows of the business Whence my Lord of Strafford Inferred That being under that Charge of Sergeant-Major-General of the Army he denyed him liberty to go into England but as soon as he was clear he had his Licence Mr. Maynard desiring their Lordships to observe that my Lord of Strafford Explained himself thus That he thought so or very shortly after And added That the Gentleman is very quick with him being a Man of great understanding and himself a weak Man But that he means very justly and would not be taken in an Untruth and said That he hath a Servant that was with him when my Lord of Esmonds Agent came to him at his House in the Countrey And desired he might be Asked What Answer he gave him Francis Wetheringe being Asked VVhat he knew concerning my Lord of Straffords giving of Licence to my Lord of Esmond He Answered That he remembers very well that the Gentlemen were Examined before they came to Fairework-Parke while he was waiting on his Lordship at that time the Gentleman came to him and desired him to tell my Lord he would speak with him that he heard my Lord say It was concerning his Licence to repair to England and my Lord said He should have it but it was Winter time and he would let it alone till the Spring Being Asked What Month it was He Answered He could not very well remember but it was the latter end of Summer as he thought Mr. Ralton being Asked Whether the business of my Lord of Esmond and Sir Walsingham Coke were not Advertized over hither He Answered That he doth very well remember the business he being then Agent for my Lord Lieutenant That in one of his Letters or the Councils Advertisement was given of this practice against Sir Walsingham Coke and as he takes it was in Sept. 1638. or thereabouts and that my Lord was pleased to do him the said Mr. Ralton the favour to give him some passages of it Therefore my Lord of Strafford desired These things might not stick with their Lordships or the House of Commons to his prejudice when he had not Means nor Possibility to make his Defence but that in Charity they would reserve their Opinions till they sound the truth to the bottom and then he hoped he should appear an honest Man and that was all he pretended to For the Remonstrance of the House of Commons in Ireland it is no Evidence
other intent and needed no alteration The Bishop of Raffo would have had more added saying The Oath was so mean he would not come from his house to take it and so my Lord Deputy told him the Oath had been well consider'd of and needs no alteration That he the Bishop then desired a Copy of it to carry to the Gentlemen that were not present and were waiting for them at my Lord Mountgomeries lodging His Lordship was pleased to deny that but would send the Clerk of the Council who should bring the Oath and Read it and bring it back again and he did so After this the next day or that afternoon they were appointed to come to the Council-Board and have the Oath Administred That here they came and my Lord himself was pleased to Administer the Oath to every one of us two by two or three by three And this was the manner of Administring it Being Interrogated Whether they knew the occasion of their being sent for He Answered They knew not for what cause nor heard any thing of it Being Asked If he knew what Scotchmen were those that left the Kingdom because they would not take this Oath He Answered That soon after they were dismissed in May Commissions came into the Countrey to certain Commissioners for Administring the Oath to all of that Nation above the Age of Sixteen and he believes whether by the main Commission or private Instructions he cannot tell That it was ordered it should be Administred both to Men and Women above that Age And they were all called at certain dayes by the Commissioners some were scrupulous and thought in their Consciences they could not take it others that were satisfied in their Consciences did take it and those that did not take it the Commissioners were required to certifie their Names and Places of Residence to my Lord Deputy and Council that they might be proceeded against as Contemners of His Majesties Royal Authority according to the Proclamation and Commission After the Proclamation had called them some did appear and they that did not their names were certified and afterward Pursivants issued to apprehend them that did not appear or them who on appearing did refuse He knows of many that fled away into Scotland and very many that fled up and down in the Country and many were apprehended by the Pursivants and carried up and some he thinks were Censured Being Asked Whether they left their Corn on the Ground and Goods in their Houses He Answered That they did Being Asked Whether any Papists of the Scotish Nation were sent for by Letter or had the Oath tendered He Answered None of them that he could hear and the Oath was not Administred to any of them neither were they called Being Asked If there were not diverse Scotish Papists there He Answered Yes diverse Gentlemen of good Quality and he named some of them viz. Sir William Hamilton c. Being Asked on the Earl of Clares motion Whether the Refusers fled into any part of Scotland He Answered In Truth not to his knowledge but they fled out of the Kingdom of Ireland The Oath was next Read viz. IN. do faithfully Swear Profess and Promise that I will Honor and Obey my Sovereign Lord King CHARLES and will bear Faith and true Allegiance to Him and will defend and maintain His Regal Power and Authority and that I will not bear Arms nor do any Rebellious or Hostile Act against Him or Protest against any His Royal Commands but submit my self in all due obedience hereunto and that I will not enter into any Covenant Oath or Bond of Mutual Defence or Assistance against all sorts of persons whatsoever or into any Oath Covenant or Mutual Defence or Assistance against any person whatsoever by Force without His Majesties Soveraign and Regal Authority And I do renounce all Covenants contrary to what I have Sworn and Promised So help me God in Christ Jesus Whence Mr. Maynard observed from these words That they shall not Protest against any of His Majesties Royal Commands That he believed all men were satisfied that His Majesty never did nor will Command any thing unlawful but what a subordinate Minister may command in His Majesties Name and publish as His Command in Ireland their Lordships have heard enough of and that may make them tender to take the Oath besides the Oath being new it is conceived to be against Law Mr. Maxwell being Sworn and Interrogated In what manner were Gentlemen sent for to Dublin about this matter And what he knew in particular about it He Answered That he was one that received a Letter from my Lord Lieutenant upon that account and that he as well as the rest were required to be all at Dublin at a certain day and being there and my Lord Mountgomery being a little sick and not able to go abroad desired their excuse for a day or two My Lord Deputy was pleased to give Command that all that were writen for might be at my Lord Mountgomeries lodging And at the time appointed my Lord Lieutenant came and at his coming he called them together and showed the Dissenters in Scotland and desired that they would show themselves Faithful and Loyal Subjects to their Master and that it behoved them as their own desire to Petition for it whereupon my Lord Bishop of Down Râ—o and some others of the Clergy being there did second my Lords Speech and told them That as they Rebelliously proceeded in Scotland in that the Scots had taken in hand against the King so they would do well by Petition and by Oath to his Lordship and the Council to shew their willingness towards their Masters Service So my Lord Lieutenant was pleased to take hold of my Lord Downs Speech and my Lord Down desired he might be the drawer of the Petition But my Lord perceiving him a little too vehement told him Smilingly That he would recommend that to the Bishop of Raffo So the Bishop of Raffo was appointed for the drawing up of that Petition The next day they desired to peruse the Petition before it went to my Lord and after they had perus'd it they went in to my Lord Lieutenant with it after he had seen the Petition he mended something in it and among the rest he remembers the Bishop of Raffo told him That my Lord had put in That these that were here should be of no worse condition then the rest of His Majesties Subjects The next day the Petition was Ingrossed and Signed by them and presented to my Lord Lieutenant afterwards there were two Noblemen two Bishops two Gentlemen appointed to go to my Lord concerning the Oath and they desired a Copy of the Oath My Lord Lieutenant sent Sir Paul Davies out to my Lord Mountgomery and it was Read to them all and they were commanded to attend at the Council-Table and my Lord gave them the Oath Sir Hen. Spottewood was offered a further Witness but their Lordships
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
Interrogated What he heard Sir George Ratcliffe speak concerning the Kings levying Money by force or to that purpose He Answered That the words he is to inform their Lordships of and on which he was formerly examined proceeded from Sir George Ratcliffe not to him privately and only but they were spoken in a Council of War when they were assembled together upon that service My Lord-Lieutenant arrived in Ireland in March was 12 Months and after his Lordship had spent some days in Ireland within which time he the Deponent with others were commanded to attend at a Council of War departed that Kingdom leaving direction behind him how this affair should be proceeded in in his Lordships absence and as he takes it in the beginning of April my Lord departed out of Ireland and not long after they being assembled in a Council of War there was occasion to speak of all preparations that should be for the raising of an Army of 8000 Foot and Provision for transportation of 1000 Horse which was the Army of Ireland at that time In these discourses they found there was a great deal of Treasure to be consumed and much Money required to supply the occasion It was computed and he thinks Sir George Ratcliffe had a privy hand in the computing of it how much charge would maintain the Army for a year and to the best of his remembrance it was computed at 270000 l. and odd which gave them occasion considering the Army to be transported out of Ireland was but in proportion â…“ of what was prepared in England to speak of the Charge that must be raised in England according to that proportion And they finding it to amount to so great a sum it fell into question how the King should be supplyed with Money for so great expence of Treasure if he were not supplyed by Parliament Sir George Ratcliffe Answered The King hath his Sword by his side and 30000 men at command and if he want money let no man pity him It was thereupon replyed and as he the Deponent takes it by himself how can Money be raised when the Scotch Army is on foot and so strong Sir George Answered We can make peace with the Scots when we list but that is the worst of evils and this is in substance as much as the Deponent can remember Whence Mr. Whitlock observed That their Lordships heard what passed from Sir George Ratcliffe in Words and Counsels and that their Lordships knew the nearness and relation between Sir George Ratcliffe and my Lord of Strafford and this was after direction was left for raising the Army and when my Lord of Strafford was come away himself it seems he had left his directions with Sir George Ratcliffe as it will appear by my Lords own words concurring with these And Mr. Maynard desired their Lordships to take notice of these words We can make peace with the Scots when we will it was not Sir George Ratcliffe alone Sir Tho. Barrington being Sworn and Interrogated what words passed from Sir George Wentworth to him About Englands being sick of peace c at what time it was and on what occasion He Answered That immediately after the last Parliament Sir George Wentworth had accidentally a discourse with him being a Gentleman with whom he the Deponent never had intercourse or interlocution before that time On some discourse betwixt them concerning the former Parliament in the close of his discourse he was pleased to express himself thus This Commonwealth is sick of Peace and will not be well till it be conquered again The application of these words he the Deponent said he must leave to their Lordships better Judgements he not being able to decide it And to the occasion according to the truth which shall be ever present with him he the Deponent said he would deliver it cleerly They had some occasion to discourse of the former Parliament and speaking now on his oath he must express that which otherwise he should not being the words of a private discourse which in the course of his life he hath ever avoided especially in the Case of a Gentleman They were in discourse of the former Parliament and the carriage of that and Sir George Wentworth was of one opinion and he the Deponent of another Sir George expressed himself in this sence That he conceived the Parliament had no intention to give the King Money he the Deponent said That if the Kings Majesty had pleased they had sate awhile together they had supplied him And on the close that expression fell from him that which he the Deponent said he shall not not need to repeat Sir Robert King being Interrogated what sense and apprehension was in my Lord Ranalaugh on the words that fell from Sir George Ratcliffe at the Council-Board He Answered That my Lord Ranalaugh did conceive there was an intention to take Money forcibly in England and was much troubled with the words and cast out some such Speeches That we shall turn our swords on them from whom we are descended and having cut their throats make way for our own safety or some such words Lord Ranalaugh being Interrogated what his sense was of these words spoken by Sir George Ratcliffe He Answered That the expression of these words and some other words that fell from my Lord-Lieutenant to himself before his Lordships departure out of Ireland made him doubt that there might be some danger intended by the transportation of the Army and it was not his sense alone for upon discourse betwixt others that were of the Council and himself the like apprehensions were amongst them as between my Lord President of Munster and him and also between Sir Adam Loftus and him Those that durst be free one to another did express their fears and apprehensions about it Being asked what the words were my Lord of Strafford spake to him on which the apprehensions were grounded He Answered That it was thus My Lord of Strafford at his last being in Ireland was pleased to say to him My Lord will you buy any Land I will sell you all the Land I have in Ireland To which he the Lord Ranalaugh Answered That he is not able to buy Land being in debt and God forbid his Lordship should sell his Land in Ireland Truly says he my Lord we are like to have a troublesome world and I am willing to part with it To which the Lord Ranalaugh replyed it will be hard then with us that have no Estates but in Ireland No my Lord says my Lord of Strafford I do not mean it so for I believe you will be quieter here than they will be in England But he doth not think that ever he spake these last words to Sir Robert King in his life Being asked How he expressed his sense of those words to Sir Robert King He Answered That the first discourse was from Sir George Ratcliffe the latter was from my Lord
You are acquitted before God and Men You have an Army in Ireland which You may Imploy here to Reduce this Kingdom or some words to this effect And Sir Henry Vane added That he desires to speak clearly to it It is true My Lord of Strafford said these words You may But by that he the Examinant cannot say it was intended but that the words were spoken and if it were the last hour he is to speak it is the Truth to his best Remembrance Being Asked on the several Motions of my Lord of Clare and my Lord Savil Whether by this Kingdom he meant the Kingdom of England or Scotland and Whether it was meant That he might imploy the Army in England or in Ireland because he said The Army might be there imployed He Answered That he shall as near as he can And because he would have-Truth appear he shall desire That if in this Case any word fall which may be uncouth in the Sence they would resort to his Examinations for there it remains under his Hand and Oath But to his best remembrance he thinks neither then nor there were used But Your Majesty hath an Army in Ireland You may Imploy to reduce this Kingdom But far be it from him the Examinant to Interpret them He tells their Lordships the words and no other Being directed by the Lord Steward to repeat what he had spoken He Answered That he shall plainly and clearly do it These words were spoken as my Lord of Northumberland hath testified at the Committee of Eight for the Scotch Affairs It was an occasion of a Debate Whether an Offensive or a Defensive War with the Kingdom of Scotland That on some Debate then some being of Opinion for a Defensive some for an Offensive War he did say the words related as he conceives That in a Discourse the Earl of Strafford said these words or words to this effect Your Majesty having tryed all wayes and refused in this case of extream necessity and for the Safety of Your Kingdom and People You are loose and absolved from all Rules of Government You are acquitted before God and Men You have an Army in Ireland You may imploy it to reduce this Kingdom Being Asked How long this was after the Parliament was Dissolved He Answered He cannot tell the time but it was suddenly after or within few dayes after the dissolution of the Parliament Being Asked on my Lord of Clares motion Whether these words You have an Army in Ireland did immediately follow these words You are Absolved c. He Answered That to his best remembrance it did interpose and my Lord of Strafford did speak it once or twice And to his best remembrance at first it was agitated to press the Offensive War for there were divers Reasons given as the Kingdom stood then that there should be no Offensive War and he must speak clearly and plainly he the Examinant did move for a Defensive War For the Subjects of England how they stood affected to this War they knew and besides a breach of a Parliament he thought it would but induce an ill effect On these Controversions the words were spoken Here Mr. Whitlock observed That these words were spoken in England on this occasion Of the Kings trying His People c. which cannot be intended any other place but England where the Parliament was broken and where the King had tried his People Being Asked on the motion of the Earl of Southampton Whether he sayes positively my Lord of Strafford did say these words or words to that effect or whether to his best remembrance He Answered That he speaks positively either those words or words to that effect The Earl of Clare desiring further satisfaction to the Question formerly proposed on this Motion Whether he meant by this Kingdom the Kingdom of England or the Kingdom of Scotland The Lord Steward put his Lordship in mind That Sir Henry Vane testifies to the Words not to the Interpretation And Mr. Maynard said The Question is put Whether this Kingdom be this Kingdom And so Mr. Whitlock said They should conclude their Evidence conceiving the last words spoken to be very fully proved and by connexion with those other words proved before he thinks it is very clear and manifest That my Lord of Strafford had a strong Design and Endeavour to subvert and change the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he shall not trouble their Lordships with repitition of words nor with the Application of them for indeed they be above Application and to aggravate them were to allay them they have in themselves more bitterness and horror then he is able to express and so he left them to their Lordships consideration and application expecting my Lord of Straffords Answer to them Only he desired their Lordships in one point to hear what Mr. Treasurer can say further concerning the breach of the last Parliament and what Words and Messages he heard of during the sitting of that Parliament procured by my Lord of Strafford unless their Lordships will reserve that till the rest of the Witnesses come to morrow morning and then they shall be ready to produce all relating to that point together Whereupon liberty was granted for the reserving of them accordingly My Lord of Strafford did hereupon crave of their Lordships leave to recollect his Notes being as he said a little Distracted how to give Answer to these things for diverse Articles are mingled together which will make his Answer not so clear as otherwise he had hoped to have made it but trusts he shall do it still He desires leave to Answer Article by Article and how much horror soever this Gentleman is pleased to say there is in these words he trusts before he goes out of the Room to make it appear that though there may be error of Judgment yet nothing that may give offence when the Antecedents and Consequents are brought together and that he shall give such an account that whether or no their Lordships will clear him as to the Charge of an Indiscreet Man he knows not but as for Treason to the King and His People he shall give clear satisfaction that no such thing was spoken or intended His Lordship desired He might be favoured with the sight of my Lord of Northumberlands Examinations But this Mr Glyn opposed and said His Lordship being to Answer to matter of Fact let him first say how it stands and then prove it To which my Lord of Strafford Answered That in truth they make much more of it then he did for he trusts by the blessing of Almighty God to give the Answer of an honest Man to all Objections he will not say of a discreet Man and once for all he humbly besought their Lordships and so he knows in their Wisdom and Judgment they will to
it very well and he had not done his duty if he had concealed it for he was one of them that told him of it Lord Goring being examined to the First and Second Question proposed to my Lord Marquis His Lordship Answered That he remembers something to this purpose and Candidè Castè makes him call it to mind but the particulars he cannot remember Candidè Castè for using the Kings Power he hath heard often Tho. German being examined to the same Question Answered That he would be very loath to say anything that doth not perfectly occurr to his remembrance he remembers that divers times at Council-Board my Lord spake these words Candidè Castè and he remembers them very perfectly but what day and time he remembers not but he remembers very perfectly he heard my Lord of Strafford say it must be on an urgent and unavoidable occasion that any by-course should be taken or put in practice but what day and time he cannot tell To the exact words of the Interrogation he cannot say but something to the sence as he the Examinant delivers them Being asked whether my Lord of Strafford hath not concluded That things will not be right till there be a right understanding between the King and his People or words to that effect He Answered That he thinks no man hath the Honor to sit at that Board but will give him that Testimony that he hath often spoken That the greatest happiness that can occurr to the King and People is the happy agreement and understanding between them Being asked on Mr. Glyn's motion Whether those words were used before the Dissolution of the Parliament or since He Answered To his best remembrance before yet he doth not deny but they may be said since that he must leave to the Lords whose memories serve better to distinguish times The Lord Treasurer being examined to the First Question proposed to my Lord Marquis He Answered That he doth not remember the discourse about his business Being asked to the Question Nov. 2. proposed to the Lord Marquis He Answered That phraze of Candidè Castè he remembers very well were used more than once but whether they were applyed to this particular he cannot speak He remembers my Lord used the words in such a sence and the interpretation of them was chastly and honestly but the other part he cannot remember Being asked to the Question Nov. 2. proposed to the Lord Marquis He Answered That he remembers not any of it Lord Cottington being examined to the Question Nov. 1. proposed to the Lord Marquis He Answered That if his Deposition be looked upon it will be found he did say my Lord put the Case so and he now says it again he the Examinant did declare and understand that my Lord Being asked to the Question Nov. 2. proposed to my Lord Marquis He Answered That he thinks he hath answer'd this already he remembers the words Candidè Castè and that the Power the King had for the preservation of Himself His Crown Posterity and People ought to be used Candidè Castè in all fair and just ways Being asked whether my Lord of Strafford did not say That the King was bound after the present danger provided for to free the Subject in Propriety and Liberty from the prejudice of such a precedent He Answered That he said the necessity being past and the work done the King ought to repair it and not to leave any precedent to the prejudice of His People Being asked Whether my Lord did not say that in conclusion all must be setled by Parliament and till all the dispute betwixt the Prerogative of the Crown and Liberty of the Subject be determined neither King nor People should be happy He Answered That he verily believes many of their Lordships have often heard him say it He hath heard my Lord say it to the King at the Council-Table It hath been always his position and to himself the Examinant he hath said often both before the last Parliament and after it was broken and it was an ordinary discourse to His Majesty That His Majesty could not be happy till there were an happy Union betwixt Himself and the Parliament and the Prerogative and Liberty of the Subjects were determined And my Lord of Strafford desired to have so much benefit of their Lordships Justice as to have the Examinations of my Lord Keeper which are not yet come in to these points reserved And now he said he had stated to their Lordships truly and justly the Question concerning these words that are by pieces and paches charged and which taking the whole contexture of the Discourse from the beginning to the ending represent them quite otherwise as he conceives than might seem to be enforced against him He offered this further to their Lordships That they see plainly and clearly proved that at all times and frequently he hath presumed by His Majesties favour and good leave to express himself how necessary it is for the happiness of the King and People that all these matters of difference should be setled and bounded and that by Parliament and that till they were so bounded neither His Majesty nor they could be happy so that it was far from going against the antient grounds of Government that have been here setled in that singular Providence and Wisdom of our Ancestors and never shall he contribute any thing but to the maintainance and preservation of them in all honest and honourable ways and means whatsoever and if these words were spoken with that moderation and qualification that the Power to be used must be a lawful Power and the ways to be taken lawful ways they were no way subject to exception Besides there is one Argument that cleers the Intendment and meaning of the words as he conceives a great deal more prevalently than if those words of lawful Power and just and honourable ways had been put in And that is that nothing hath been done by the King or the Council against the Laws and Customs of the Realm in pursuance of them where it hath been any breach on any Liberty or Propriety of the Subject What extraordinary Course hath been taken not warrantable by Law None that he knows of so that there being nothing but justly and fairly administred the very Deed done shews them to be spoken with that meaning and so to be interpreted so much the rather by how much doing well is better than saying well And the worst that can be made of them they are but words and no more and for the excuse of them their Lordships well remember what he said concerning the Statute they can never amount to Treason and before they shall be brought to him in a Criminal Charge he besought their Lordships to observe something he shall offer to them These words charged on him were not wantonly or unnecessarily spoken or whispered in a corner but they were
that their Estates being beyond Sea my Lord of Strafford should make so little of it But my Lord Answers nothing to these words That the City of London was more ready to help the Rebels than to help the King and he doth well not to do it for whosoever doth help a Rebel is of the same condition with the Rebel For the matter of the Letter it is of no great importance whether it be so or no But the matter is What Speeches were used My Lord sayes the Speeches are proved by only one witness But the truth is one Witness positively swears one part and another the other part but both agree That my Lord Cottington was there though Sir William Parkhurst doth not remember it Mr. Whitlock added That my Lord of Strafford is pleased to mention a Letter from an Honouable person my Lord of Leicester and now he observes it was a Gazette and no Letter at all from my Lord of Leicester But my Lord of Strafford desired he might not be mistaken he being very tender to have it laid on him that he should in any thing speak untruth or contradict himself Their Lordships know the Letters sent familiarly every week from my Lord of Leicesters Secretary as News to the forreign Committee are only in the nature of a Gazette and so he intended to open it Mr. Strowd added there is something in the Tract of this Article that sticks near to me and I cannot let it pass Whereas my Lord sayes Words are only laid to his Charge which argues his innocency in Fact in that he hath been sparing in doing whatsoever his Language is First The Laws are clear that words may be Treason and to every mans reason it sounds thus far That words in consequence may go beyond some actions and words of the highest nature he hath used all trenching deeper on us than some Acts might have done to counsel His Majesty in things of that consequence it touches not only on the safety of His Majesties Crown but also on the Liberty of his People and may go beyond force for if my Lord of Strafford had brought in his 8000 Irish by force we might have withstood them by force But when he goes to the Ear of a pious Prince and insinuates that we know not of and brings a desolation on a Kingdom who shall repell such Language when force may repell Forces And surely had he plotted and devised against His Majesty by any one which God forbid he should or that His Majesty should be in that danger the pretence of a Prince might have daunted a Traitor that he could not have done the work yet had he done it which God forbid a Prince may dye with fair reputation to posterity but when he shall inspire a Prince in his ear and provoke tyrannical Carriage to His Subjects he may abuse a good Prince but how he may leave him to posterity I leave to your Lordships But my Lord stays not singly in Counsel and Advice but something was done upon it I appeal to your Lordships when proof shall be brought in the case and First consider the misery that England is now in what could have been done more to have made us miserable but absolute desolation The Aldermen were committed that very day and though it cannot be proved he gave the immediate Counsel yet he gave the Counsel that hath been proved and that day four of them were committed and this the Aldermen are ready to prove Sir Henry Garaway Interrogated Whether any of the Aldermen were committed He Answered That he shall not need to Answer that for my Lord will confess it there were four Aldermen committed Alderman Rainston Alderman Somes Alderman Geere Alderman Atkins and it was the same day they were there to give an account of the able Men and the loan of 100000 l. Their Answer not giving satisfaction they were committed the same day to several prisons by what Order or Direction he knows not So Mr. Glyn desired their Lordships to observe the words proved against him That no good will be done on them till they were laid by the heels which my Lord sayes produced no effect yet that very day four were laid by the heels and it rests upon their Lordships Judgements by whose advice And Mr. Strowde concluded That my Lord of Straffords Words and Actions Agree in this Kingdom and the miseries of this Kingdom do agree with his Words and Actions And so the 26th Article was concluded THE Seven and Twentieth Article The Charge 26 THat in or about the month of August last he was made Lieutenant-General of all His Majesties â—orces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintainance of every Soldier of the Trained-bands of that County which sums of Money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terror to yield to the payment of the same he did Declare that he would commit them that refused the payment thereof and the Soldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of High Treason MR. Maynard proceeded to the 27 the Article That the Earl of Strafford imposed a Tax on His Majesties Subjects in the County of York of 8 d. per diem for the maintainance of every Soldier of the Trained Band of that County causing it to be levied by force Threatening them that refused with Commitment and that they that did not pay the Soldiers should be satisfied out of their Goods and they were in little better case than the case of High Treason that refused to pay The state of their proofs will stand thus There were three Levies First a months Contribution and that was for the general The Second a Contribution for a fornight and that was for two particular Regiments or Companies A Third for a month more so it was for ten weeks in the whole My Lord of Strafford pretends two things in his Answer for his excuse First That it was upon a Petition from the Country To that we say this The Country did petition His Majesty offering their endeavour in that Petition they likewise desire a Parliament for redress of grievances with which Petition some principal Gentlemen of the Countrey attended my Lord of Strafford desiring his assistance He likes well the clause concerning the Petitioners endeavours but not that touching the Parliament and therefore he would not deliver it though he said it would fall out there would be a Parliament His Majesty having resolved it but he likes not that they should Petition it They refusing to retract from their Petition he doth in the name of some of his Lordships Friends and Dependants
Shire who did give their consent and he named divers of them To prove that he did nothing by force but by unanimous consent of all Sir Paul Neal was first called and being Interrogated Whether the Petition Signed by the Lord Wharton and the rest was not by the major of the Gentlemen there declined and laid aside He Answered That he was amongst divers others present at this meeting in the Common-Hall and on the first coming thither this Petition was presented by my Lord Wharton in the name of the Gentlemen that had subscribed it on the reading of the Petition my Lord of Strafford did conceive that the clause concerning the desire of a Parliament was in it self superfluous because the King had declared his intention to have one if at the meeting of their Lordships at York it should be desired and therefore he desired the clause might be put out and another Petition presented to the effect of the former only the last clause omitted and that might be verbally presented by some such man as the major part of the company should choose and on a long debate it was concluded to the best of his remembrance by Vote and the whole Vote of the company went it should be delivered by my Lord of Strafford according to the substance of the Petition the last clause left out and to the negative part there were some four or five he dares confidently swear not above halfe a score Being asked what number there was of the company that were willing to wave the Petition He Answered That the Hall was very full he cannot give account of a certain number nor knew the subscription of the Petition for till now he remembers not that ever he heard the particular names read but there was he thinks 200 Gentlemen of several ranks Being asked whether it was not the voluntary consent of them all that a months entertainment should be allowed the Trained Bands He Answered That he conceives the consent was given no fuller nor larger but just the same as in the Petition saving that one clause Which Mr. Maynard observed went not further than to promise an endeavor Sir Paul Neal being Interrogated whether the Money was not voluntarily paid all over the Countrey for the months entertainment with force or violence He Answered he can give no answer to that having nothing to do in the Countrey as Deputy-Lieutenant or Officer and other than he heard by discourse he cannot speak of his knowledge Being asked on Mr. Glyns motion Whether the major part of them that Signed the Petition did wave it He Answered That he conceives he gave an Answer to that before for he remembers not that till this day he ever knew the names of the Gentlemen that subscribed it but only an attestation that about 100 had subscribed and whether the major part of those were present he doth not know Being asked on my Lord of Straffords motion Whether he did not know divers of them that Signed the Petition declared themselves for the waving of it He Answered He did not know who had Signed it and who not saving only some Gentlemen speaking in the debate did declare that they in particular had Signed it and did recede from it Being asked what he meant when he said that not above halfe a score went to the negative of the Message He Answered That he meant it of them that were in the Hall Sir Edward Osborne was called to be a Witness for my Lord of Strafford but Mr. Maynard excepted against his being examined as being one of them that sent out the Warrant for paying Money on pain of death and as Sir William Pennyman would have declined answering any thing of his own Act as concerning himself so it was desired this Gentleman might not be examined to the justification of himself by saying the Money was levied by consent But Sir Edward alledged to their Lordships That there is particular complaint in the Petion against his Warrant and therefore it was issued long before the Petition presented After some further debate the Examination of him was resolved upon Sir Edward Osborne being Interrogated Whether the major part of them that subscribed the Petition and were present at the second meeting did not decline the Petition He Answered That he cannot say the major part of them that subscribed the Petition did dissent openly in the Hall for he thinks many of them were gone out of Town but he is sure the major part there nay all but about Ten did consent to the leaving out of the clause touching the Parliament and to a Months pay and on that it was humbly moved to my Lord he cannot tell whether by himself the Examinant that my Lord would do them the Honor to represent their ready affections to do the King that service that he would be their Mouth which accordingly his Lordship did and they all attended him when he delivered the Message and he doth not remember there was above 4 or 5 Gentlemen that opened their mouths against this consent not in words what their hearts were he cannot tell Being asked Whether many that had subscribed the Petition did not declare they would not wave it and go the other way He Answered There were some that did indeed but he doth not know how many Sir Edward Robinson in particular and gave his reasons for it Sir Richard Hutton and some others Being asked how many Gentlemen he thinks were present at that meeting He Answered The Hall was very full and there were Gentlemen Freeholders and others to the number of 300 as near as he could imagine Being asked Whether that was not the place and time appointed by the King for the Countrey to meet and Treat about the business He Answered Yes it was so by His Majesties special Command the day before Being asked whether my Lord of Strafford did not go to the Mannor and many Gentlemen with him and delivered their Message to the King faithfully and justly as he had in Commission to do and no otherwise He Answered That according to their desire to his Lordship he went presently to the Mannor and they all attended him but he could not hear the Message delivered the croud was so great Being asked on Mr. Maynards motion whether there was any difference between the Message and Petition but only the leaving out the last clause touching the Parliament He Answered Truly No but the principal things he took notice of was a Months pay Being asked on Mr. Palmers motion of what quality they were that were in the Hall whether not some that came to gaze only and not prosecute the matter of the Petition He Answered That it is impossible for him to see through the bodies of men but there were not many of inferior quality that he knew but had he time to do it they should make a Catalogue of as many Gentlemen and Freeholders as set their Hand to the Petition but he cannot see in
House resolved presently to send 12 of the Peers Messengers to the King humbly to signifie That neither of the Two Intentions expressed in the Letter could with duty in them or without danger to Himself his dearest Consort the Queen and all the Young Princes their Children possibly be Advised all which being done accordingly and the Reasons shewed to His Majesty He suffered no more words to come from them but out of the fulness of His heart to the observance of Justice and for the Contentment of His People told them That what He intended by His Letter was with an if if it might be done without Discontentment of His People if that cannot be I say again the same I Writ Fiat Justitia My other Intnetion proceeding out of Charity for a few days Respite was upon certain Information that his Estate was so distracted that it necessarily required some few days for settlement thereof Whereunto the Lords Answered Their purpose was to be Suitors to His Majesty for favour to be shewed to his Innocent Children and if himself had made any provision for them the same might hold This was well-liking unto His Majesty who thereupon departed from the Lords At His Majesties parting they offered up into His hands the Letter it self which He had sent but He was pleased to say My Lords What I have Written to you I shall be content it be Registred by you in your House In it you see my mind I hope you will use it to my Honour This upon return of the Lords from the King was presently Reported to the House by the Lord Privy-Seal and Ordered that these Lines should go out with the Kings Letter if any Copies of the Letter were dispersed The House being informed That the Queen-Mother apprehending Her self in some danger by reason that divers words were scattered among the Tumultuous Assembly as if they had some design upon Her Person and those Priests which she had for Her own Houshold desired a Guard for Her Security Concluded that as to the Security of Her own Person they were bound in honour not to suffer any Violence to be done unto Her and so referred it to a Committee to consider what was fit to be done in order thereto Which being Reported by Mr. Henry Martyn he declared That the Committee had duely considered Her Majesties just Fears and therefore should agree to all good ways and means that might conduce to the safety of her Person But fearing that the said means may notwithstanding prove ineffectual for Her Protection That therefore the House would intreat the Lords to joyn with them humbly to beseech His Majesty That the Queen Mother may be moved to depart the Kingdom the rather for the Quieting of those Jealousies in the Hearts of His Majesties well-affected Subjects occasioned by some ill Instruments about the said Queens Person by the flocking of Priests and Papists to Her House and by the Use and Practice of the Idolatry of the Mass. Wednesday the 12th of May. THe Earl of Strafford was brought from the Tower to the Scaffold upon Tower-Hill where the Bishop of Armagh the Earl of Cleeveland Sir George VVentworth Brother to the said Earl of Strafford and others of his Friends were present to take their Leaves of him But before he fitted himself to Prostrate his Body to Execution he desired patience of the People to hear him speak a few words which the Author took from his Mouth being then there on the Scaffold with him viz. MY Lord Primate of Ireland and my Lords and the rest of these Noble Gentlemen It is a great Comfort to me to have your Lordships by me this day because I have been known to you a long time and I now desire to be heard a few words I come here my Lords to pay my last Debt to Sin which is Death And through the Mercies of God to rise again to Eternal Glory My Lords if I may use a few words I shall take it as a great Curtesie from you I come here to submit to the Judgment that is passed against me I do it with a very quiet and contented Mind I do freely forgive all the World a forgiveness not from the Teeth outward as they say but from my heart I speak in the presence of Almighty God before whom I stand that there is not a displeasing thought that ariseth in me against any Man I thank God I say truly my Conscience beares me Witness that in all the Honor I had to serve His Majesty I had not any Intention in my heart but what did aime at the Joynt and Individual prosperity of the King and His People although it be my ill hap to be misconstrued I am not the first Man that hath suffered in this kind It is a Common Portion that befalls men in this Life Righteous Judgment shall be hereafter here we are subject to Error and Misjudging one another One thing I desire to be heard in and do hope that for Christian Charities sake I shall be believed I was so far from being against Parliaments that I did always think Parliaments in England to be the happy Constitution of the Kingdom and Nation and the best means under God to make the King and His people happy As for my Death I do here acquit all the World and beseech God to forgive them In particular I am very glad His Majesty conceives me not meriting so severe and heavy a punishment as the utmost Execution of this Sentence I do infinitely rejoyce in it and in that Mercy of His and do beseech God to Return Him the same that He may find Mercy when He hath most need of it I wish this Kingdom all prosperity and happiness in the World I did it Living and now Dying it is my Wish I profess heartily my apprehension and do humbly recommend it to you and wish that every Man would lay his hand on his heart and consider seriously Whether the beginning of the peoples Happiness should be Written in Letters of Blood I fear they are in a Wrong Way I desire Almighty God that no one drop of my Blood rise up in judgement against them I have but one word more and that is for my Religion My Lord of Armagh I do profess my self seriously faithfully and truly to be an obedient Son of the Church of England In that Church I was born and bred in that Religion I have lived and now in that I dye Prosperity and Happiness be ever to it It hath been said I was inclined to Popery if it be an Objection worth the answering let me say truly from my heart that since I was Twenty one years of age unto this day going on 49 years I never had thought or doubt of the truth of this Religion nor had ever any the boldness to suggest to me the contrary to my best remembrance And so being reconciled to the Mercies of Jesus Christ my Saviour into whose bosom I
S r THOMAS WENTWORTH Kt. EARLE of STRAFFORDE Viscount Wentworth Baron Wentworth of Wentworth Woodhowse Newmarch Oversley Raby Ld. Lievtenant Generall and Generall Governor of the Kingdome of Ireland and Ld. President of y e Councill established in y e North parts of England L d Lievtenant of y e County City of York one of his Ma ty most hon ble Privy Councill and Knight of y e most Noble order of the Garter 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 22 th of March 1640. And Continued before Judgment was Given until the 10 th 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 IOHN RUSHWORTH of Lincolnes-Inn Esq LONDON Printed for John Wright at the Crown on Ludgate-Hill and Richard Chiswell at the Rose and Crown in St. Pauls Church-Yard 1680. To the Right HONOURABLE GEORGE EARL OF HALIFAX One of His Majesties most Honourable PRIVY COUNCIL My LORD NO Man I believe understands better than your Lordship the Interest and Concern that Posterity hath in a true account of all matters of moment that were transacted by their Ancestors and I know none in whose Devotion to the service of the King and Kingdom I could so confide as in your Lordships to Patronize this plain and full Relation of the proceedings in Parliament in the Case of the greatest Minister of State in his time I some times doubted that the Dedication of these Papers to your Lordship might be improper because of your Lordships Descent from the Sister of that great Personage whose unhappy Fate is here related But having well considered that Honor Truth and Justice have the Supreme Empire in your truly Noble Soul and that a full and clear Narrative of all the Matters of Fact that occurred in this great Affairs with the Intentions and Constructions of them as declared from the mouth of your Noble Ancestor himself is the fairest and justest way to represent him truly to future Ages I conceived it not unfit for your Lordship to favour this true Account of him which may protect his Name from the injuries both of Ignorance and Malice I ought not neither can I flatter your Lordship you are too well known to need any thing that can be said by me of your Worth and true Nobleness and the Character of this your Ancestor is best to be collected from the following Papers His Letters published by me in the Second Part of my Historical Collections and his Behaviour in this solemn Tryal here published discovers the greatness of his Parts the quickness of his Apprehension the excellence of his Wit and Eloquence the contempt he had of Death and the serene Composure of his mind in that Part of his Life which falls within this History I should not have dared to present this Work to your Lordship so nearly related to this eminent Minister of State if I had not been a Witnesse to all the steps of the proceedings in this great Action and if I had not taken in Characters as well and truly all that was said for him as what his Accusers said against him and therefore I can with great assurance aver it to be a candid Representation of Matter of Fact which is all I pretend to publish to the World andas far as the exactest care could carry me I have done it so punctually true that I am hopeful there is none can have any just Exception to any part of it My Lord There is none alive can judge of a Work of this nature better than your self who as you are descended from a Race of Statesmen being Nephew and Grandson to the Two chief Ministers of the last age this Great Earl and the Wise and Fortunate Lord Keeper Coventry so are you lookt on by all as a Person born for the Service of the KING and the publique good of your Countrey And as I have always had a constant Experience of your Goodness and Indulgence to my self so I humbly hope your Lordship will favourably construe my intentions in this Dedication and accept of it as a tribute of Duty and Acknowledgement humbly offered by May it please your Lordship Your Lordships most Humble Most Faithful and Most obliged Servant JO. RUSHWORTH March 25. 1680. THE PREFACE I Cannot think that there wants an Apology for publishing the ensuing Papers although the Press seems over-charged The Trial of Thomas Earl of Strafford was and is some way or other the Concern of every Man of England and the Commissioners of Scotland and Ireland thought those Kingdoms also Sufferers by his Deportment and joyned in the Prosecution against him All the Commons of England by their Deputies in Parliament were his Accusers and the Impeachment against him was in their Names The Matter of his Charge had Reference to every English Man and all their Posterities He was accused of designing to destroy the security of every of their Estates Liberties and Lifes and to reduce them all to be subject to meer Will and Pleasure It may therefore be said in the Maxim of our Government not much varying the sense Quod Omnes tangit ab omnibus tractari debet Every man ought doubtless to know his own Case to understand whether that Great Man was justly accused of such a hainous Crime and whether the Kingdom escaped such a fatal blow as was then alledged by his exemplary Fall under the Iudgement of the King and Parliament For this purpose I expose to the common view the whole Proceedings of his Trial being the most solemn deliberate and every way the greatest Tryal whereof we have any Account in our English Story The Preparations for his Tryal were made with an unusual solemnity and were the Results of the Prudence of many selected Lords and Commons as a Committee of both Houses The usual places for Administring Iustice and Tryals of Offenders were thought too mean upon so great an occasion and therefore Scaffolds were erected in Westminster-Hall fit to receive so great an Assembly as were to attend his Trial. His Majesty had a Closet provided for him the Queen and Prince near the place where the House of Peers sate and was every day at the Tryal of the said Earl and might hear what was said and see what Witnesses were produced and take a full view of the greatness of the Assembly and yet remain privately in His Closet unseen Seats were prepared for the Lord High Steward and all the House of Lords who sate as his Iudges Woolsacks
give Notice of it to this House Sir George Ratcliff being already sent for by Order of this House upon an Information of High Treason Resolved upon the Question That the Earl of Craford's Troop and those other Officers in the Army that go under the Name of Reformadoes are unnecessary Charge and fit to be spared and that my Lord General be moved by Message from this House thereunto Resolved That those Companies or other Officers that shall be thus Casheer'd by the Lord General shall be paid to the Eighth of December next Tuesday December 1. 1640. A Message from the Lords by Baron Trevor and Iudge Bartley The Lords have sent Us to this House to desire a present Conference in the Painted Chamber with the same Committee that was concerning the matter of the free Conference Yesterday Answer returned by the same Messengers This House has taken into Consideration the Message of the Lords and they return this Answer That they will give a meeting presently as is desired Mr. Pym Reports from the Conference this day That the Lords Committee with whom we had a free Conference Yesterday took the Matter into Consideration and their Resolution is That such Members of the House of Commons as they shall make choice of shall be present from time to time at the preparatory Examinations concerning the Earl of Strafford The Lord Keeper expected we should say something We told them We had no Warrant for a Conference was desired concerning the matter of free Conference and that a free Conference was not desired the Question they would have been satisfied in was Whether we did intend to have the Examinations taken publick in the House or by a private Committee I answered We had no Commission for a free Conference The same Committee that were appointed to draw up the Charge against the Earl of Strafford are to be present at the Preparatory Examinations of Witnesses before the Lords to present such Questions unto the Lords as they shall think fit thereupon and after a full Examination to present the whole state of the business to this House A Message to be sent to the Lords to acquaint them that the House is ready by some Members of this House to present divers Witnesses to be examined and such questions as they shall desire that those Witnesses so propounded by them may be all examined one after another with speed and secresie Thursday morning is peremptorily appointed for Sir George Ratcliff to appear here and if he come not then a Message is to be sent to the Lords to desire them to move His Majesty for a Proclamation to be ordered against him to bring him in Power is given to the Committee that is to be present at the preparatory Examination of Witnesses before the Lords to summon such Witnesses to be examined to morrow as they shall think fit Mr. Maynard's Report from the Conference Yesterday The Lords said They had taken the Message into Consideration sent by Mr. Pym some things were Resolved others not and for that purpose desired a free Conference whereas we did desire to examine some Members of this House they were ready to examine them when we should require They answered That the Peers of their House that shall be desired and all the Assistants of that House when they shall be thereunto required shall be examined upon Oath and next for the time and secresie They said they should be speedily examined and Examinations secretly kept Thursday December 3. 1640. A Message brought from the Lords by my Lord Chief Justice Littleton and Judge Bartley That according to a desire of this House by a late Message they have deputed certain of their Members to take the Examination of Witnesses in the Case of the Earl of Strafford which they will be ready to perform in the presence of such Members of this House as shall be deputed to that purpose Ordered That the Earl of Kildares Petition presented to the Grand Committee for Irish Affairs be referred to the Sub-Committee for those Affairs Friday December 4. 1640. Ordered That those Members of this House that be appointed to be present at the preparatory Examinations before the Lords be required to declare that by their Duty they owe to this House they are obliged to keep all those Examinations secret Those Eight appointed for that Service did make all of them Protestations to that purpose Ordered That those Eight or any Four of them may be present at the preparatory Examinations before the Lords Mr. Selden Mr. Dutton Mr. Crew Sir Peter Hayman Sir Harbottle Grimston Sir Henry Anderson Sir Nevil Poole Sir Thomas Barrington Saturday The Petition of Richard Heaton and Lyonell Farrington were read and Farrington called in did avow his Petition the Petitions are referred to the Committee appointed to draw up the Charge against the Earl of Strafford to make use of it if they shall see Cause December 26th 1640. Ordered That the Committee appointed to draw up the Charge against the Earl of Strafford shall have Power to examine Witnesses concerning Sir George Ratcliff and to prepare a Charge against him and to present it to this House Tuesday December 29th 1640. The Articles against Sir George Ratcliff Read Resolved upon the Question That this House shall Accuse Sir George Ratcliff Knight of High Treason in the Name of all the Commons of England That these Articles thus Read shall be the Ground of this Accusation That a Message shall be sent forthwith to the Lords to Accuse Sir George Ratcliff Knight of High Treason in the Name of this House and of all the Commons of England and that very speedily they will bring Articles against him Resolved upon the Question That the Articles prepared by the Committee against Sir George Ratcliff and Read here shall be engrossed against to morrow to be sent to the Lords as a Charge against him A Message sent from the Lords by the Master of the Rolls and Judge Reeves The Lords have Commanded Us to say to You That whereas there came a Message from this House to Accuse Sir George Ratcliff of High Treason They would know Whether they should presently take care to make safe his Person Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will forthwith return them Answer by Messengers of their own Mr. Pym went up to the Lords to acquaint them that this day the House of Commons gave no Instructions to their former Messengers concerning the Committing of Sir George Ratcliff because his Person is already in safe Custody in the Gate-house and they intended to have acquainted their Lordships with it when they had produced the Articles against him which would have been very shortly but since they are prevented by their Lordships they refer what to do in it to their Lordships Mr. Pym brings Answer from the Lords of his Message That concerning
the safe Custody of Sir George Ratcliff they had sent for him and had taken Order in it and touching the receiving of the Examinations in this Cause there should be the same course observed in them as was in the Earl of Strafford Thursday December 31. 1640. The Articles against Sir George Ratcliff by former Order ingrossed were twice Read And then it was Resolved upon the Question That these Articles thus ingrossed and read shall be sent up to the Lords by the Commons Assembled in Parliament in maintenance of their Accusation of Sir George Ratcliff whereby he standeth Charged of High Treason And it is Ordered That Mr. Pym go up with these Articles Resolved upon the Question That a Message be sent forthwith to the Lords to desire a Conference of both Houses concerning Articles exhibited in maintenance of the Charge against Sir George Ratcliff Sir Iohn Strangways went up with this Message It was moved That the House would think of some Answer to the Lords concerning the Charges against the Lord Archbishop of Canterbury and the Earl of Strafford delivered from the Scottish Commissioners at a Conference by a Committee of both Houses Monday Ianuary 4th 1640. Ordered That a Conference be desired with the Lords to morrow morning concerning the state the disorders and dangers of the new levied Irish Army and to present them to their Lordships and to desire them to join with the House in a Petition to His Majesty for the disbanding of that Army The Committee appointed for the Earl of Strafford's business are to prepare the Heads of this Conference and the Members of this House are required to bring into this Committee between this and to morrow morning such Informations as shall come to their Hands conducing to these matters Sir Walter Earle and Sir Iohn Clotworthy are to manage this Conference It was likewise moved That at this Conference Considerations might be had of the great Resort daily made to the Earl of Strafford Mr. Nathaniel Fines is to go up to morrow morning with a Message to the Lords to desire a Conference with their Lordships concerning the Disorders and Inconveniences of the new levied Irish Army And to desire a free Conference concerning those Declarations presented by the Scottish Commissioners against the Lord Lieutenant and the Lord Archbishop of Canterbury as Incendiaries Sir Peter Hayman to go up with this Message The Subject of his Conference to be to present to the Lords that it may be made known to the Lords Commissioners that the Scottish Commissioners be desired to bring in their Proofs against the Lord Lieutenant and the Lord Archbishop of Canterbury to the end the Parliament may proceed to Judgment Tuesday Ianuary 12th 1640. Ordered That the several Petitions of Sir Henry Wallop the Lord Viscount Nettersfield be referred to the Sub-Committee formerly appointed by the Grand Committee for Irish Affairs for the business of Sir Henry Wallop because there is something in those Petitions that will materially conduce to the Charge of the Earl of Strafford Ordered That the Committee appointed to prepare some fit way of Representing to the Lords the four Irish Causes formerly Reported here viz. That of the Lord Mountnorris the Lord Dillon Lord Viscount Ely and the Earl of Kildare do sit Friday Ianuary 15th 1640. Ordered That the Committee appointed to draw up the Charge against the Earl of Strafford shall desire to have the Depositions that are yet sealed up delivered unto them and may add and insert such particular Instances and other Circumstances as they in their Discretions shall think fit to the several Articles delivered in Charge against the Earl of Strafford according to the saving in the conclusion of those Articles and that they present the whole matter to the House on Monday morning next Saturday Ianuary 16th 1640. Mr. Pym went up to the Lords with a Message to this Effect To desire their Lordships That those Examinations which at the Request of this House were taken in the Case of the Earl of Strafford by the Lords deputed to that purpose may be delivered to the Commissioners of this House appointed to draw up the Charge against the Earl that they may make use of them for the enlarging of their Charge in particularities of Evidences according to the Clause of Resolution in the conclusion of the said Charge and likewise to make a Declaration That howsoever by the Course of Parliament this House might proceed with the Charge in general yet to avoid all scruples and to bring the business sooner to a conclusion they do desire to conclude in this way Saturday Ianuary 23. 1640. Mr. Selden Mr. Palmer Mr. Whitlock Mr. Maynard By Order are added to the Committee that are to draw up the Articles against the Earl of Strafford Thursday Ianuary 28th 1640. The further Impeachment of Thomas Earl of Strafford by the Commons Assembled in Parliament was this day read Friday Ianuary 29th 1640. Ordered That the Consideration of the Commission granted to the Earl of Worcester and his eldest Son the Lord Herbert and some Commissions by them granted to others for the levying of Forces in the several Counties of England and Wales and all the Circumstances depending thereupon be referred to the Committee to draw up the Charge against the Earl of Strafford and to consider of the Magazine in Sir Piercy Herbert's Custody Saturday Ianuary 30th 1640. The further Impeachment of Thomas Earl of Strafford was again read and the Title of the Impeachment and every Article and the Conclusion were every of them particularly put to the Question and were every of them assented unto and Resolved upon the Question And afterwards it was Resolved upon the Question That these Articles being engrossed shall be forthwith sent up to the Lords Ordered That Mr. Hambden go up with a Message to the Lords to desire a Conference with their Lordships presently if it may stand with their Lordships Occasions by a Committee of both Houses touching the further Impeachment of Thomas Earl of Strafford Mr. Pym is to manage this Conference and Mr. Maynard is to be Assistant to him Mr. Pym acquaints the House That according to their Command he had delivered unto the Lords the Articles for the further Impeachment of Thomas Earl of Strafford Ordered That the Thanks of this House be given to Mr. Pym and to the whole Committee for the great Service they have done this House in the great pains they have taken in preparing and drawing up the Charge and Articles against Thomas Earl of Strafford Tuesday February 16th 1640. Sir Philip Stapleton went up to the Lords with a Message to desire a Conference with their Lordships by a Committee of both Houses presently if it may stand with their Lordships Occasions concerning the Earl of Strafford Resolved upon the Question That the Heads Reported by Mr. Pym from the Committee appointed to prepare the Heads of the Conference to be desired with the Lords
concerning the Earl of Strafford shall be Heads of that Conference and that Committee is to manage the Conference Sir Philip Stapleton brings Answer from the Lords That their Lordships do expect His Majesty at their House this Morning and that so soon as His Majesty shall be gone they will send Answer by Messengers of their own Thursday February 18th 1640. The Lords desired a Conference by a Committee of both Houses concerning the Sequestring of Thomas Earl of Strafford from his Offices presently in the Painted Chamber if it may stand with the conveniency of this House To which Answer was returned That they will give a meeting presently for a free Conference Mr. Pym Reports the free Conference Upon Mr. Pyms Report It was Ordered That this Committee viz. Sir Walter Earle Sir Io. Culpepper Mr. Hollis Mr. Solicitor Mr. Vaughan Mr. Hyde Mr. Pym Mr. Maynard Mr. Selden Mr. Palmer Mr. Whitlock Sir Simon D'Ewes Mr. Whistler Mr. Glyn and Mr. Hampden Do take into Consideration the whole matter of the Report of the free Conference now made by Mr. Pym and also what concerns the Right of the Commons in the Proceedings in the Lords House against the Earl of Strafford and what Concerns the Kingdom in general and the Legality of these Proceedings and they are likewise to Consider What is fit for the Commons to claim in Causes of Impeachment and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber Friday February 19th 1640. That the Committee for the Earl of Strafford shall have Liberty to open all Letters directed to Sir George Ratcliff and if they find it worthy the knowledge of the House they are to acquaint the House therewith Ordered That the Committee appointed to consider of the Proceedings in the Lords House against Thomas Earl of Strafford do meet this Afternoon at Two of the Clock in the Treasury Chamber Tuesday February 23. 1640. A Message from the Lords desiring a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the convenience of this House concerning the Conference that was Yesterday touching the Proceedings against Thomas Earl of Strafford Answer returned by the same Messenger That this House hath taken into Consideration their Lordships Message and will give a meeting for a free Conference as is desired Mr. Glyn Reports from the Conference That the Lord Keeper delivered the Lords Answer in these words viz. First That We shall admit him no further use of Council than the necessity of the Case for his just Defence requireth and wherein Council may with the Justice and Honour of this House be afforded him Secondly That there shall be no delay in Proceedings but all Expedition used according to their own desires Wednesday February 24th 1640. A Message from the Lords desiring a Conference by a Committee of both Houses touching the Answer of Thomas Earl of Strafford presently if it may stand with the Conveniency of this House Answer returned by the same Messengers That this House will give a meeting presently as is desired Mr. Solicitor Mr. Maynard Mr. Pym Mr. Reynolds Mr. Palmer and Mr. Hampden Are appointed Reporters of the Conference Mr. Solicitor Reports from the Conference That Yesterday was the day the Lords had prefixed for my Lord of Strafford to give in his Answer that accordingly he was there and had given it in and that this Answer which now they had delivered to the Commons was the Answer which the Earl of Strafford was to stand or fall by The engrossed Answer and a Copy of it were both delivered in by the Reporters and was desired that when the Copy was perfectly examined the Original might be delivered to the Clerk of their House Ordered That Mr. Speaker be here this Afternoon at One of the Clock and that the Earl of Strafford's Answer may then be read and considered of The same day in the Afternoon the several Articles of the further Impeachment of Thomas Earl of Strafford by the Commons were all read and to every of the said Articles the particular and several Answers of the said Earl were likewise read The Answer held three hours reading being above 200 sheets of Paper too long to be here inserted yet take an exact Abstract of the said Answer to the Articles exhibited against him which are as followeth Answers to 28 special Articles To the First Article he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir Iohn Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he
believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth he saith That the legal and ordinary Proceedings at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgement of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken of the Files and he remembers not any Suit for breach of any Order made at Council-Table To the Fifth he saith The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls the now Lord Chancellor and the Chief Justice of the Common Pleas upon the Proofs in the Chancery decreed for the Plantiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir Iohn Gifford's Petition to the King His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by His Majesty and His Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by His Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of His Majesties Mercy and not of His Justice The Earl of Kildare for not performing of an Award made by King Iames and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are
divert the Earl of Argile in case he joined with the Covenanters Army against the King but it was mentioned in the King's Letter 2. Mertii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir Iohn Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was setled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King
Committee for the Earl of Strafford The House does declare That they are well satisfied that the Evidence to be produced against Thomas Earl of Strafford at his Trial be managed by those Members Friday March 5th 1640. Upon Mr. Whitlock's Report from the Earl of Strafford's Committee It was Resolved upon the Question That there shall be no Replication put 〈◊〉 the 〈◊〉 of 〈◊〉 〈◊〉 in 〈◊〉 but that the further Proceedings shall be 〈◊〉 〈◊〉 〈◊〉 as is now 〈◊〉 by the Committee Mr. Whitlock is to go up to the Lords with this Message viz. That the House of Commons have considered of the Earl of Strafford's Answer and do aver their Charge of High Treason against him and that he is Guilty in such manner and form as he stands Accused and Impeached and that this House will be ready to prove their Charge against him at such convenient time as their Lordships shall prefix and intend to manage the Evidence by Members of their own and desire a free Conference with their Lordships by Select Committees of both Houses to consider of some Propositions and Circumstances concerning the Trial. Mr. Whitlock brings Answer from the Lords That their Lordships have taken the Message from this House into Consideration and will give a meeting for a free Conference by a Committee of 24 on Monday Morning at Nine of the Clock The Committee of the Commons Mr. Pym Mr. Strode Mr. Solicitor Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Whitlocke Mr. Palmer Mr. Selden Mr. Maynard Mr. Treasurer Sir Io. Culpepper Mr. Reynolds Mr. Hyde Mr. Prideaux Mr. Whitlock Mr. Martin Mr. Proxholm Mr. Gray Lord Faulkland Mr. Vaughan Lord Russell Sir Iohn Strangwaies Mr. Bellasis Sir Guy Palmes Mr. Sutton Mr. Whistler Sir Symon D'Ewes Sir An. Irby Sir Martin Lomly Mr. Waller Mr. Coventry Mr. Upton Sir Iohn Eveling Lord Fairfax Sir William Massam Mr. Pierepoint Sir Benjamin Rudyard Sir Thomas Barrington Sir Philip Stapleton Mr. Capell Mr. Cary Sir Ralph Hopton Sir Robert Hatton Sir Gilbert Gerrard Mr. Nathaniel Fines A Committee of these 48 are to meet a Committee of 24 of the Lords at a free Conference concerning the Trial of Thomas Earl of Strafford on Monday Morning next at Nine of the Clock in the Painted-Chamber The Committee for the Earl of Strafford are to manage this free Conference with the Lords Monday March 8th 1640. Upon Mr. Whitlock's Report from the Committee for the Earl of Strafford the Heads of a Conference appointed to be had this day concerning the Trial of the said Earl It was Resolved upon the Question 1. To Propose to the Lords That they will be pleased to take some Order that there may be a convenient Place appointed for the Trial of Thomas Earl of Strafford and to give such Directions as shall be fit for preparing conveniency of room for both Houses and for such Members of the House as are appointed to manage the Evidence and for Witnesses and for the Prisoner and for excluding of all such as ought not to be present at the Trial. 2. That whereas in the last Message to the Lords this House did Intimate unto them That they did intend to manage the Evidence by Members of their own They are now Commanded to explain their Reason That their Lordships may take notice That We do not expect any Council shall be admitted the Earl of Strafford at the giving of Evidence at the Trial. Thursday March 11th 1640. Mr. Whitlock Reports from the free Conference concerning the Trial of Thomas Earl of Strafford That the Lord Privy-Seal began with this Introduction That this Parliament both Houses have had often Conferences and to good Purpose which had preserved a true Understanding between both Houses That at the last free Conference their Lordships did receive from this House certain Propositions concerning the Trial of Thomas Earl of Strafford which We our Selves call Circumstances 1. Concerning Place 2. Persons 3. Managing the Evidence 4. Use of Counsel he was pleased to remember the words of the Proposition as they were delivered unto them and told Us those were Circumstances yet Circumstances were Servants to Execution and might be altered and if they should Change from the House they now sit in into the Painted-Chamber or the Court of Requests upon Survey of it by skilful men they were informed the Floor of it is so weak that it might be very dangerous for so great a Resort to be in together at the Trial therefore left that to Our further Consideration The Lords thought of this That the Bar in their House might be removed higher and the Room there made longer and that being made a Scaffold might be a Capacity sufficient to receive the Members of this House this he did only Propose and said The Bishops did desire to be absent at this Trial so there would be more room for the Earls would sit in their places Next that their Lordships did desire to understand Whether We meant to be there as a House which they thought We did or as single Members of the House 3. His Lordship was pleased to tell Us They desired an Exposition of the words managing of Evidence Whether We intended a marshalling and applying of the Proof 4. That the Lords did desire concerning the Place and Persons to know how they have been admitted in former times that they might be fortified by Presidents for Place and Persons and for Counsel Their Lordships are careful not to admit of more than is according to the Law of this Kingdom And thereupon their Lordships have made this Resolution That the Earl of Strafford in matters of meer Fact shall not make use of Counsel but in matter of Law he shall and if any doubt arise what is matter of Law and what is matter of Fact the Lords do reserve the Judgment hereof to themselves this came by intimation of Ours that We did intend to manage the Evidence and at a Conference We explained Our Selves That We did not expect they would allow Him any Council at the giving of Evidence After this he was pleased to tell us That he had not forgot another thing though he omitted it that he that delivered the Proposition at the Message used words to this purpose That this House did hold it necessary and fit that all the Members of the House might be present at the Trial to the end every one might satisfie his own Conscience in the giving of their Vote to demand Judgment Upon this We thought it not fit to make an Explanation till We had acquainted the House with it Ordered That the whole matter of the Report now made of the free Conference with the Lords concerning the Trial of Tho. Earl of Strafford be referred to the Committee for the Earl of Strafford to search and consider of Presidents and to prepare Reasons and to present them to the House to morrow morning and they are to meet this Afternoon at Two
of Mr. Peard shall be present at the several doors at the Entrance of the place appointed for the Members of the House by Six of the Clock and are directed and required by the House to admit none but such as shall bring Tickets of their Names and the Places for which they Serve and that none of the Members of the House shall be admitted to come in before those that are appointed to attend at the doors shall come and if any either Stranger or Member of the House shall offend this Order those who are appointed to attend this Service shall Report it to the House And it is further Ordered That all of the House shall be there by Eight of the Clock at the farthest and that such places shall be reserved for them who shall attend this Service as they shall find to be most proper and convenient for them 4. Ordered That the Serjeant at Arms shall attend within the Court and his Men without to be imployed in such Service as they who manage the Evidence shall appoint Sir Iohn Culpepper further Reported That the Speaker might be present in some private place and as a particular Member of this House but the Committee doth not think fit that the House should declare any Order in it Touching the Members of the House being covered at the Trial the Committee thinks it not fit for them to deliver any Opinion only they offer the difference that may be when both Houses meet or Committees of both Houses and the present Case where the Lords are to meet as a House and the Commons as a Committee of their House Resolved upon the Question That the House shall sit this Afternoon and shall meet at Two of the Clock Mr. Bellasis went up to the Lords with this Message To desire their Lordships That in regard this House is much straitned in time and hath great Affairs in hand and will sit this Afternoon and may have occasion of a Conference with their Lordships that they will be pleased to sit likewise The humble Petition of Thomas Earl of Strafford was this day read wherein he desires That he may make use of some Members of this House nominated in his Petition as Witnesses at his Trial and the House leaves those Members nominated in the said Petition to do therein as they shall please without their giving any offence to the House Mr. Martin is to go up to the Lords to desire a free Conference with their Lordships by the same Committee that was formerly appointed touching the matter of the last free Conference concerning the Trial of the Earl of Strafford Ordered That those Members of the House that are appointed to manage the Evidence at the Trial of the Earl of Strafford shall have Power if any Witnesses be produced for the Earl to ask if they have been sworn and if it shall appear that they have been sworn or if any shall be sworn at the Bar to forbear to proceed any further in the managing of their Evidence until they have resorted unto the House and have received further Order All the Orders that concern the Proceedings against the Earl of Strafford are required to be Copied out for the Service of the Committee The Names of the Members of the House of Commons appointed to manage the Evidence against Thomas Earl of Strafford at his Trial before the House of Peers upon an Impeachment of High Treason George Lord Digby Iohn Hampden Esquires Iohn Pym Oliver St. Iohn Esq shortly after Solicitor-General to King Charles the First Sir Walter Earle Knight Ieoffery Palmer afterwards Knighted and made Attorney-General to King Charles the Second Iohn Maynard Esq afterwards Serjeant at Law to King Charles the Second Iohn Glyn Esq Recorder of London afterwards Sworn one of the Council to King Charles the Second The Place 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 Arras before that were the Seats for the Lords of the Upper-House and sacks of Wooll for the Judges before them ten Stages of Seats extending farther than the midst of the Hall for the Gentlemen of the House of Commons at the end of all was a Desk closed about and set apart for the Lord Lieutenant and his Counsel On Monday Morning March 22. about Seven of the Clock he came from the Tower accompanied with six Barges wherein were one hundred Souldiers of the Tower all with Partizans for his Guard and fifty pair of Oars At his landing at Westminster there he was attended with two hundred of the Trained Band and went in guarded by them into the Hall The entries at Whitehall Kingstreet and Westminster were guarded by the Constables and Watch-men from four of the Clock in the Morning to keep away all base and idle persons The King Queen 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 intreat the King either to be absent or to be there privately lest pretentions might be made hereafter that His being there was either to threaten or some other ways to interrupt the Course of Justice A third sort That the King was not willing to be accessary to the Process till it came to His Part but rather chose to be present that he might observe and understand if any 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 Ax should be carried before him or no Who did Answer That the King had expresly forbidden it nor was it the Custom of England to use that Ceremony but only when the Party Accused was to be put upon his Jury Those of the House of Lords did sit with their Heads covered those of the House of Commons uncovered The Bishops upon the Saturday before did voluntarily decline the giving of their Suffrages in matters Criminal and of that nature according to the provision of the Cannon Law and practice of the Kingdom 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 Spiritual in Parliament which was accepted The Earl of Arundel as Lord High Steward of England sate apart by himself and at the Lieutenant's Entry Commanded the House to proceed 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 Replies were subjoyned and read
a Cause of great Divisions and Combustions in the State And therefore my humble advice is That laying aside this Bill of Attainder We may think of another saving only Life such as may secure the State from my Lord of Strafford without endangering it as much by Division concerning his Punishment as he hath endangered it by his Practices If this may not be hearkned unto Let me conclude in saying that unto you all which I have throughly inculcated to mine own Conscience upon this occasion Let every man lay his hand upon his Heart and sadly consider what We are going to do with a Breath either Justice or Murther Justice on the one side or Murther heightned and aggravated to its supreamest extent For as the Casuists say That he who lies with his Sister commits Incest but he that marries his Sister sins higher by applying God's Ordinance to his Crime So doubtless he that commits Murther with the Sword of Justice heightens that Crime to the utmost The danger being so great and the Case so doubtful that I see the best Lawyers in diametral opposition concerning it Let every man wipe his Heart as he does his Eyes when he would Judge of a nice and subtile Object The Eye if it be pretincted with any colour is vitiated in its discerning Let Us take heed of a blood-shotten Eye in Judgment Let every man purge his Heart clear of all passions I know this great and wise Body-politick can have none but I speak to individuals from the weakness which I find in my self away with personal Animosities away with all flatteries to the people in being the sharper against him because he is odious to them away with all fears left by the sparing his blood they may be incens'd away with all such Considerations as that it is not fit for a Parliament that one Accused by it of Treason should escape with Life Let not former Vehemence of any against him nor fear from thence that he cannot be safe while that man lives be an ingredient in the Sentence of any one of Us. Of all these Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford's Life Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed to morrow Morning at Eight of the Clock and Mr. Speaker is to put the House in mind of this Order Ordered That Sir Edward Cook 's Book Of the Pleas of the Crown be delivered to the Earl of Strafford's Committee for the special Service of the House Tuesday April 20th 1641. Post Merid. The Committee according to Yesterdays Order reassumed the Debate of the Bill of Attainder of the Earl of Strafford Mr. Speaker reassumed the Chair Ordered That the House sit this Afternoon at Three of the Clock and reassume the Debate of the Bill of Attainder against Thomas Earl of Strafford The House Resolved into a Committee Mr. Peard being called to the Chair then Mr. Speaker reassumed the Chair Ordered That the further Debate of the Bill of Attainder of the Earl of Strafford be reassumed to morrow Morning at Eight of the Clock Wednesday April 21th 1641. Post Merid. According to an Order Yesterday made the House was Resolved into a Committee to Consider of the Bill of Attainder of Thomas Earl of Strafford Mr. Peard being called to the Chair then Mr. Speaker reassumed the Chair Ordered That the Doors be lock'd and the Keys brought up to the Table and that no man go out without leave of the Committee Mr. Peard again called to the Chair Mr. Peard Reports from the Grand Committee the Bill of Attainder of the Earl of Strafford with the Additions and Amendments thereunto the which Addition and Amendments were twice read and the Bill upon the Question Ordered to be Engrossed Ordered That the House meet this Afternoon at Three of the Clock and the third time read an Act for the Attainder of Thomas Earl of Strafford of High Treason and upon the Question for the Passing the House was divided The Lord Digby Mr. Lloyd Tellers for the Yeas Sir Gilbert Gerrard Sir Thomas Barington Tellers for the Noes with the Noes 59 with the Yeas 204. Upon the Report thereof the Bill Past. Mr. Pym is appointed to carry up the Bill to the Lords and was further Ordered to express unto the Lords That it is a Bill that highly concerns the Common-wealth especially in the expediting of it Mr. Pym acquaints the House That according to the Commands of this House he had delivered the Bill of Attainder with special Recommendations for the Expedition in regard of the Importance and that this House was ready to justifie the Legality of the Bill if any way their Lordships should desire a Conference by a Committee of both Houses the sooner and the more publick the way shall be the better and the more agreeable to the desires of this House Thursday April 22th 1641. Post Merid. A Message from the Lords by Judge Reeve and Judge Forster The Lords have agreed to hear this House in Westminster-Hall at Eight of the Clock on Saturday next touching the matter of Law in the business of the Earl of Strafford if this House shall so please Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will send an Answer by Messengers of their own Mr. Solicitor St. Iohn is enjoyned by this House to maintain the legal part of the Bill of Attainder of Thomas Earl of Strafford on Saturday Morning next and Mr. Maynard and Mr. Glyn are adjoyned unto him as Assistants Sir Iohn Eveling went up to the Lords with this Message to desire a free Conference by a Committee of both Houses concerning their Lordships Message sent this day touching the matter of Law in the Case of the Trial of the Earl of Strafford Mr. Pym Mr. Pierepoint Sir Iohn Culpepper Mr. Fines Mr. Hampden and Mr. Prideaux are to prepare Heads for this Conference with the Lords and to manage the Conference Sir Iohn Eveling brings Answer That their Lordships will give a present meeting by a Committee of the whole House as is desired The Heads of the Conference Reported by Mr. Pierepoint to be desired with the Lords touching the matter of Law in the Case of the Earl of Strafford That this House received a Message from their Lordships this day to this effect That their Lordships are ready to hear this House in Westminster-Hall on Saturday Morning next touching the Point of Law in the Case of Thomas Earl of Strafford they conceive this did arise from the Message of this House upon the delivery of the Bill of Attainder of the Earl of Strafford That this House is ready at a Conference by a Committee of both Houses to
Strafford of High Treason against our Soveraign Lord the King His Crown and Dignity And he the said Earl of Strafford was Lord Deputy of Ireland or Lord Lieutenant of Ireland and Lieutenant General of the Army there under His most Excellent Majesty and a sworn Privy-Counsellor to His Majesty for His Kingdoms both of England and Ireland and Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of His Majesties Army in the North parts of England during the time that the Crimes and Offences in the 27th and 28th Articles set forth were done and committed Tuesday May 11th 1641. Ordered That Mr. Solicitor give Order That the Arguments he made in Westminster-Hall touching the matters of Law in the Case of the Earl of Strafford be Printed and that Mr. Pym give the like Order That his Speeches at the beginning and ending of the Trial of the said Earl of Strafford be likewise Printed The Names of those Gentlemen that managed the Evidence in this Trial being through over-sight omitted to be inserted in their particular places for the first Nine Articles it is thought fit for more exact satisfaction to give an account of them in this place with particular References which may by the Reader be easily supplyed The Names of the Managers FOlio 115. Line 17. Mr. Pym. Ibid. Line 33. Mr. Pym. Ibid. Line 40. Mr. Pym. Fol. 116. Line 5. Mr. Pym. Ibid. Line 44. Mr. Pym. Fol. 117. Line 14. Mr. Maynard Ibid. Line 43. Mr. Maynard Fol. 120. Line 20. Mr. Pym. Fol. 124. Line 27. Mr. Pym. Fol. 127. Line 29. Mr. Pym. To the First Article Fol. 138. Line 29. Mr. Maynard Fol. 139. Line 3. M. Maynard Fol. 142. Line 17. M. Maynard Ibid. Line 24. Mr. Whitlock Fol. 143. Line 7. Mr. Glyn. Ibid. Line 15. Mr. Maynard Ibid. Line 25. Mr. Glyn. Fol. 144. Line 2. Mr. Maynard Fol. 145. Line 3. Mr. Maynard Fol. 147. Line 31. Mr. Maynard To the Second Article Fol. 149. Line 14. Mr. Maynard Fol. 153. Line 6. Mr. Glyn. Fol. 152. Line 14. Mr. Maynard Ibid. Line 16. Mr. Maynard Ibid. Line 18. Mr. Maynard Fol. 154. Line 4. Mr. Maynard Ibid. Line 32. Mr. Maynard Fol. 155. Line 7. Mr. Maynard To the Third Article Fol. 156. Line 8. Mr. Maynard Fol. 164. Line 9. Mr. Maynard Ibid. Line 22. Mr. Glyn. Ibid. Line 17. Mr. Maynard Ibid. Line 28. Mr. Maynard Fol. 165. Line 7. Sir Io. Clotworthy Ibid. Line 36. Mr. Maynard Fol. 167. Line 25. Mr. Pym. Fol. 157. Line 11. Mr. Maynard Fol. 168. Line 16. Mr. Pym. Fol. 158. Line 2. Lord Digby Ibid. Line 25. Mr. Pym. Ibid. Line 37. Mr. Maynard Ibid. Line 34. Mr. Maynard Fol. 163. Line 42. Mr. Maynard Fol. 171. Line 28. Mr. Maynard To the Fourth Article Fol. 173. Line 30. Mr. Glyn. Fol. 183. Line 10. Mr. Maynard Fol. 174. Line 8. Mr. Glyn. Fol. 184. Line 11. Mr. Glyn. Fol. 179. Line 44. Mr. Glyn. Fol. 185. Line 1. Mr. Maynard Fol. 180. Line 37. Mr. Maynard To the Fifth Article Fol. 185. Line 21. Mr. Glyn. Ibid. Line 35. Mr. Maynard Fol. 188. Line 17. Mr. Glyn. Fol. 202. Line 31. Mr. Maynard Fol. 198. Line 1. Mr. Glyn. Ibid. Line 36. Mr. Maynard Fol. 201. Line 19. Mr. Glyn. Fol. 204. Line 5. Mr. Glyn. Fol. 202. Line 7. Mr. Maynard To the Sixth Article Fol. 205. Line 6. Mr. Glyn. Fol. 216. Line 22. Mr. Maynard Fol. 206. Line 31. Mr. Glyn. Fol. 217. Line 21. Mr. Palmer Ibid. Line 37. Mr. Glyn. Fol. 218. Line 17. Mr. Glyn. Fol. 210. Line 38. Mr. Glyn. Ibid. Line 21. Mr. Glyn. Fol. 213. Line 23. Mr. Glyn. Fol. 219. Line 32. Mr. Stroud Ibid. Line 29. Mr. Glyn. To the Eighth Article Fol. 222. Line 8. Mr. Glyn. Fol. 228. Line 10. Mr. Glyn. Ibid. Line 34. Mr. Glyn. Ibid. Line 26. Mr. Glyn. Fol. 223. Line 22. Mr. Glyn. Fol. 229. Line 11. Mr. Glyn. Ibid. Line 42. Mr. Maynard Ibid. Line 33. Mr. Glyn. Fol. 226. Line 42. Mr. Glyn. Fol. 233. Line 25. Mr. Glyn. To the Ninth Article Fol. 236. Line 16. Mr. Glyn. Fol. 239. Line 14. Mr. Maynard Fol. 238. Line 22. Mr. Glyn. Fol. 240. Line 10. Mr. Glyn. THE TRYAL OF T. Earl of Strafford The First day Monday March 22. 1640. THe Lords being set in a place prepared in Westminster-hall purposely for the Arraignment of Thomas Earl of Strafford upon a charge of High Treason laid upon him by the Commons House of Parliament in the Name of themselves and of all the Commons of England And the House of Commons being there likewise seated as a Committee and those who were to manage the Evidence on behalf of the House of Commons being Members of that House standing at the Barr The Prisoner was called for And being brought by Sir William Balfour Lieutenant of the Tower after Obeisances given he came to the Barr and kneeled and after standing up The Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England spake to him as follows Your Lordship is called here this day before the Lords in Parliament to Answer to and to be Tryed upon the Impeachment presented to them by the Commons House of Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity And therefore think fit in the first place That your Lordship should hear the Impeachment of High Treason read The Impeachment was accordingly read by the Clerk of the Parliament A little after the entrance into it a Chair was brought to the Prisoner by the Gentleman Usher and the Prisoner sate down thereon by their Lordships direction After the Charge was read the Earl of Straffords Answer was likewise read And no more of proceedings that day Only the Lord Steward said further to the Prisoner That his Lordship had heard the whole Impeachment of the House of Commons read And his own Answer on which he hath put himself for Trial. That which is now to follow their Lordships have commanded him to say is the managing of the Evidence by those the House of Commons shall please to appoint for the proving of this Charge But likewise they have Commanded him to say That the time being so far spent it may not be so proper now to proceed further in the business That this shall be sate upon only once a day which will be fittest both for their Lordships and for the House of Commons And that they conceive it will agree with the sense of the House of Commons not to fall into the particular management of the Evidence so late but to defer it till the morrow at the hour of nine of the Clock My Lord of Strafford did then desire to know whether he might with their Lordships good leave and favour say any thing at that
such thing was spoken that there was 100000 l. in the Kings Coffers And for the 50000 l. received by me in England Mr. Vice-Treasurer in Ireland is Accomptable for it though Mr. Vice-Treasurer never touched the money and my self as little And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me and charged it upon other Accomptants who when they come to Account I doubt not but a good Account will be given Though under favour of the Gentleman of the 50000 l. 14000 l. is yet unpaid only there is an Assignment But it lies on him and his Credit for discharge of the Kings Service And it must lye on him or on some other person if himself have nothing left him And whereas it is said the money I had as borrowed was taken out when the Kings Army was in want I desire Your Lordships to observe It was two years ago when I had this money and then there was 100000 l. in Surplusage And though the King gave me Liberty of His Goodness to use it three years it was not wanting to the Army when it stood in need of it The next thing urged was my Cozenage in the Custom-house and that I had there Cozened the King notably 5 or 6000 l. a year deep To Answer this I reserve my self till I come to the particular Article but desire leave with all Modesty to say That it shall appear I have not Cozened nor deceitfully abused His Majesty for a Farthing Token neither in that nor in anything else And that there is no other Allowance nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year and 8000 l. Fine then was allowed to the former Farmers that had it at the Rent of 13000 l. a year And that I have made the King a much more profitable bargain than he had or could have without it The next was for the Revenues of the Church That they were got without Rules of Justice And were an Offering of Rapine And that I had an Eye to my own Preferment in the Person of my Lord of Canterbury To that I have already Answered And thus having run over all the Preamble I humbly begg leave to make some Observations upon the Testimonies produced viz. That the Examinations of Sir Iohn Clotworthy and my Lord Ranulagh I conceive do not concern me Mr. Barnewells was for things spoken when I was out of the Kingdom and were concerning Sir George Ratcliffe and not me For the Remonstrances shewed wherein they disclaim the Preamble to the Act for four Subsidies I beseech Your Lordships to consider how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously For by the Custom of that Kingdom the Laws must be transmitted hither under the Hand of the Deputy and Council and so pass the Seal and be returned to Ireland when that Law was transmitted I was here in England as I take it And absolutely and directly I protest I never knew any thing in the World of that Preamble never saw it nor heard of it I think till I saw it in the Copy of the Remonstrance I never heard it was excepted against it having pass'd the Vote and three times reading in both Houses And I would have consented to have it struck out as in truth I will now being far from any thing of vanity and not thinking my self better or worse by being put in or out And if it were charged upon me as a Crime or were material for me to prove it I think I could by Witness in Town prove That it was the general Vote of the Commons House and passed with as much Applause and Chearfulness as any thing And that if my Lord Dillon and Sir Adam Loftus and some other of the Irish Commissioners were examined upon Oath I believe they would Swear they never heard any Exceptions against it till the time I was Impeached with High Treason For the Particular concerning Sir Pierce Crosby it concerned not me but the reason of his being put from the Board was this All Laws must first be transmitted from the Deputy and Council the Bill against which he Voted was transmitted Sir Pierce Crosby was there and set his hand to the transmission and because he did not except against it then being a Member of the Board but did except against it afterwards it was thought fit he should be Sequestred as I remember till His Majesties Pleasure should be known but Committed he was not And it was done by the Vote of the whole Board but no way to infringe the Liberty of the House and so in Obedience to Your Lordships as near as I could with a great deal of Weakness and Infirmity I have said as much as I can for the present recollect towards the making good the Truth of my Preamble And I conclude with this humble suit there being some Exception took at some Words that fell from me Many mens Tongues and Mouthes may offend where their Hearts do not And that in truth I may say my Heart did not offend against that Reverence and Duty I shall always pay on all occasions to the Honourable House of Commons and every Member of it but to others that are neither Members of this House nor of the House in Ireland I meant what I said And I do beseech the Gentlemen of the House of Commons to accept my Acknowledgment of this truth and that my Words may not be any ways raised against me as a Cause of their thinking worse of me or that I should be peccant or offending in having other thoughts of the Members and Proceedings of the House than with all Submission and all belief of the Equity of it To which Defence one of the Managers appointed for this days Service briefly replyed in substance as followeth What I have said in Answer of the Preamble was not by way of Charge but only for disproof of that whereby my Lord of Strafford would take away or nullifie the Charge So that if the Charge remains in force the Services performed by him are not effectual to mitigate it That what we have proposed still stands unavoided as we conceive notwithstanding any thing my Lord of Strafford hath said That as concerning Sir Pierce Crosby his agreeing to the Transmission if that be true That there is a preparative part of the Law and there Sir Pierce Crosby might speak as a Councellor But there is a Legislative part of the Law and that is done in Parliament and these being distinct if Sir Pierce Crosby did do any thing at Council-Table it deprived him not of his Liberty to speak in Parliament But we are informed he gave his denial to consent to the Transmission And if my Lord of Strafford were not guilty in his own Person of breach of Priviledge yet if under his Government Priviledge of Parliament be broken it is no matter of Merit to say he procured Parliaments It is no Answer to say
things are not proved when any thing we urged is contained under an Article for then he refers the proof when he comes to the Article as many things concerning the Lands of the Clergy will be made good in the proofs of the proper Article That he hath preferred many Divines that is no part of his Merit nor takes away his fault though it be true That for the Value of his living we never heard of it till on this occasion but be it small or great it is nothing to justifie my Lord of Strafford being offered to this purpose That though his Lordship were careful of the Lands of the Ministers He was not careful of the Ministers themselves in suffering a Groom to execute that high Function Ministers being not to be chosen according to the Quality of the Living but according to the Quality of the Function That for the matter of Monopolies if his Lordship do stop any he may stop them for sinister Reasons and Respects and however there is no Compensation doing his Duty in one thing not satisfying for Neglect in another And then concluded That what we have not now replied unto shall be made good in the Charge and ought not in their Lordships Opinion make my Lord of Strafford more plausible for the Charge shall be made good against him in the truth of the Fact and the Aggravation of it Hereupon the Court was Adjourned and the Committee directed to proceed to the Proofs conducing to the particular Charge the next Morning The Third day Wednesday March 24. 1640. Gentlemen YOU who are of the Committee to manage the Evidence against the Earl of Strafford I am to acquaint you Their Lordships have considered of that point of Sir Pierce Crosby his being examined as a Witness and my Lord of Straffords Exceptions and have resolved that he shall be Examined and that the Validity of his Testimony shall be left unto their Lordships Judgments Your Lordships have with great Patience attended the Charge that hath been read and the Answer and the Exceptions taken to the Preamble which my Lord of Strafford to ingratiate himself did make to the main of his Defence My Lords I shall repeat little of that that hath been said only pardon me if I say this to Your Lordships That wherein my Lord of Strafford answered to very many particulars yet to that one main he answered not which was principally objected against him which I therefore speak to put him in mind of it that if he can he may Answer And that is Your Lordships were pleased to hear the Complaint and Protestation of the whole Kingdom of Ireland read before you The principal of their Aim seems to be to take off the Extolling of my Lord of Strafford that himself or his Agents had put upon him in a Bill of Subsidies wherein indeed the Praise and Honour due to His Majesty was much Attributed to my Lord of Strafford which grieved the Parliament who would take it off and my Lord of Strafford is now willing to lay it down and he doth well to do so when he can keep it no longer when those from whom he took it by fraud or force would wrest it again from him I desire Your Lordships to remember and I am sure you will That the main of our Complaint is His alteration of the fundamental Laws against Will His introducing of new Laws at his Will and Pleasure This is not only the Cry but the Testimony of a whole Kingdom before Your Lordships of all the Lords and Commons of Ireland I shall not touch that which concerns breach of Priviledge of Parliament he would fain put that off on Sir George Ratcliffe his bosom Friend and put it off himself My Lord of Strafford Sequestred Sir Pierce Crosby from the Council his Vote went with it others joined with him but I am sure he moved it he concurred with it But now My Lords I humbly Address my self to that we are ready to maintain The Body of the Charge And because some time hath been spent between the reading of the Charge and the main of the Defence I desire leave to open what is the Nature what the Height and Quality of the Offence of which this great Lord stands Accused before you My Lords It is a Charge of the highest Nature that can be against a man A Charge of High Treason It is a Treason not ending and expiring in one single Act of a discontented Heart but a Habit a Trade a Mystery of Treason exercised by this Great Lord ever since the Kings Favour bestowed on him My Lords It hath two Evils to deprive us of that which is good that is to subvert and take away the fundamental the ancient Laws whereby we are secure of whatsoever we do enjoy it hath My Lords a positive Evil in it to introduce instead of that an Arbitrary Government bounded by no Laws but by the Evil Councels of such Ministers as he hath been My Lords It is the Law that gives that Soveraign tye which wâ— all Obedience and Chearfulness the Subject renders to the Soveraign It is the Law My Lords that gives Honours to the Lords and Nobles Interest Property and Liberty to the Subject My Lords The Law as it is the Foundation and Ground of all these hath its distribution in a course of Justice Justice is derived as by so many Channels by the several Courts of Justice whereby the Kings Justice for it is His is brought and conveyed to the Subject My Lords Of all this hath my Lord of Strafford endeavoured not only to put the Subject out of present Possession but to make him uncapable of the future Benefit of it Other Treasons yea a Treason against the Person of a Prince which is the most Transcendent and High Treason that can be fall short of this Treason For a good Prince may be gathered to His Fathers yet another may succeed Him that supports the Glory and Justice of His Throne We have had Experience of it When blessed King Iames was taken from us to Heaven Sol occubuit nox nulla secuta est But if any one such a design as this should take effect That the Law and Justice should be taken from the Throne and Will placed there we are without hope of ever seeing Remedy Power in so great a measure taken is not easily laid down unless it be by the exceeding great goodness of so merciful and just a Prince as we have My Lords The Particulars of this Treason are Conveyed to Your Lordships in 28 several Articles I shall shortly and briefly touch but the Heads of those on which I shall insist and give some distribution of them And I think the best way will be this To consider first what he did and what he said before he went into Ireland then what he did and said there and what he hath done since And in all of them you will find this his main design which I
the Nation of them not this or that man are Rebels and Traytors And if it please the King to bring him back to the Sword indeed he is fit for that it is a violent weapon he will root out the Scottish Nation Branch and Root some few excepted of those that had taken the Oath When he comes into England he find that His Majesty with great Wisdom had pacified those Storms and Troubles that threatned us there Yet he doth incense the King still to follow this to an Offensive War and prevails He plots to call a Parliament but with an intention if it furnished not his design it should be broken and he would set up other ways of force to raise Moneys of the Kingdom and this fell out unhappily For thus far his project took the Parliament was broken and broken at the very time when the subject was in debate and consideration how to have yielded Supply to His Majesty But that he might break it he falsly informs the King That the Parliament had denied to Supply him there is his Counsel that the Parliament had forsaken the King and now the King having tryed his People might use all other ways for the procuring and raising of moneys and the same day wherein that Parliament was unhappily Dissolved he gives his further Counsel to His Majesty which because no man can put such a Spirit of Malice into the words besides himself I shall take the boldness to read That having tryed the Affections of his People he was loose and absolved from all Rules of Government and he was to do every thing that Power would admit And that His Majesty had tryed all ways and was refused and should be acquitted both of God and man And that His Majesty had an Army in Ireland which he might employ to reduce this Kingdom It is added in the printed Book to reduce them to Obedience I know not who Printed it but the Charge is only to reduce this Kingdom And My Lords you may please to consider what a sad time this man took to reflect upon these bad Councels when our Hearts were swoln with Sorrow for that unhappy breach of the last Parliament And what doth he advise the King what positions offers he That he was absolved from all Rules of Government If there be no Rule of Government My Lords where is the Rule of Obedience for how shall the People know to obey when there is no Rule to direct them what to obey He tells the King he was refused which was untrue for he was not refused to the last breath we had in Parliament but we spake in that point how to supply the King and to prefer it at that time before the Complaints of our just Grievances But what doth he fall into that which in another Article we charge him with a Plot and Conspiracy betwixt him and Sir George Ratcliffe to bring in the Irish Army for our Confusion to root out our Laws and Government a pernicious Counsel He says not you shall do it but he that perswades it doth as much as if in express terms he had councelled the acting of it Doth he mean that we should be to his Irish Pattern for speaking of the Irish Army consisting of Papists and his Adherents he said that he would make it a Pattern for all the Kingdoms did he mean to reduce us to the Pattern that he had placed in Ireland Surely he meant to reduce us to a Chaos and Confusion He would have us without all Rules of Government and these be the means wicked and cruel Councels and the Cruelty of an Army inspired with his Spirit and consisting of Papists Enemies of our Religion And what Mercy could we of this Religion expect from Popish Enemies with Swords in their hands That cannot but strike all English Hearts with Horrour and Dread that an Irish Army should be brought into England to reduce the Subjects of England I hope we never were so far gone in any thing as that we should need an Army to reduce us I cannot but say here is the Counsel of Haman when he would in one day cut off all the Iewish Nation and have the King intend a Favour to him The King propounds a question What shall be done to the man whom the King will Honour Haman thought in his heart Whom will the King Honour but my self And so my Lord of Strafford having raised this Army it was set up by him and if such a Counsel as this was entertained into whose hands should it be put here were Hamans thoughts who should have the Power of it but he that hath inspired it and since maintained it Truly My Lords it was a desperate Counsel and methinks the Counsel of Achitophel might have been compared to it for when he had stirred up the Rebellion of Absalom against his Father he perswades Absalom to that which might breed an irreconcilable hatred between them Yet a Father and a Son might be reconciled But he that adheres to the Son in this case might not so easily forgive Therefore this Lord falls upon a Counsel which he thought would never be forgiven A Counsel of irreconcilable difference to subdue us by Force and Power and takes away all possibility of Addressing our Complaints to the King as he had done from those of Ireland when he not only forestalls their Complaints but by a Proclamation takes order that none should come over too without his Licence which was in effect that none should complain of his Oppression without his good liking Some violent Speeches he uses suitable to these Counsels That no good would be done upon the Aldermen till they were hanged That the French King employed Commissaries to look into mens Estates which will be insisted upon in their proper place Next he levied eight pence a day for maintenance of the Trained Soldiers against the Will of the Country which he said was done by the consent of the Lords of the great Councel which we know is untrue And we shall prove it untrue in the other part where he says it was done freely by consent of the Gentlemen of the Country Most of them that did consent were his own Friends and Papists But the Petition of the Country as to that part of it that concerns a Parliament he rejected because he would have no Parliament And he prefers another in the name of the Country and that he calls The Petition of the Country And now I shall apply my self to the proofs and shall take care to offer nothing but what will fall out to be proved And shall first apply my self to the first Article concerning the Commission for the North parts where an Arbitrary Power was thereby granted as is used in the Star-Chamber and Chancery In the opening of it first we shall produce the Commission of 8 Car. and that of 13 differs but little from it We shall shew that these Clauses were procured by him to be inserted upon occasion
man without the precincts of the Court. That my Lord of Strafford fell on his Knees and besought the King That if his Instructions might not be so good as to bring in a Delinquent that had affronted the Court if by stepping over the water he should go beyond the precincts of it he might leave that Service and lay his Bones in his own Cottage That his Father was Arrested in November 1632. as he takes it and was kept 18 Weeks before he was discharged Evers Gower Sworn and Interrogated about the time of his Fathers Arrest Answered That it was in November 1632. and his Father kept in Prison 14 or 18 Weeks but referred to his Brothers Deposition for a more particular Answer To the matter of Prohibitions Iohn Musgrave Sworn was examined Whether he knew of any Prohibition sued forth in Vaux his Cause And whether a Warrant were granted to Attach What Threats my Lord of Strafford used to the party that sued it out being after Octavo Caroli After some Exceptions taken to it by the Earl of Strafford as not being within the Charge The Witness Answered That he knew of an English Suit between Musgrave and Vaux That upon notice given by Musgrave a Prohibition was procured Direction was given that an Affidavit should be made of serving the Prohibition That Affidavit being made a Warrant was directed to the Pursevant or his Deputy to Arrest Vaux On which he was Arrested and Rescued That after Affidavit made of the Rescue a further Warrant was sued forth for bringing in of the Rescuers from London which Warrant was now produced That the Rescuers being thereupon brought to Yorke and having lain several days in Prison an Information was Exhibited by Sir George Ratcliffe then the Kings Attorney at Yorke by relation of Francis Musgrave To which they did Answer And after upon full hearing That before the Censure he the Deponent in Michaelmas Term before 1632. did come to London on behalf of Francis Musgrave to move the Court of Common-Pleas to have the Prohibition dissolved And likewise Vaux did procure a Rule for a Prohibition in the Information Cause which the Witness offered to shew under the Court Hand That it was moved by Sir Robert Heath that the difference might be referred to Mr. Justice Hutton and Sir Robert Heath That he the Deponent undertook for Musgrave and Vaux did submit That afterwards by Sir George Ratcliffes direction thinking it not fit to refer the Cause it concerning the Jurisdiction of the Court of York My Lord President being acquainted with it the Reference went not on that Term but stayed till the Presidents pleasure was known with which Mr. Justice Hutton was made acquainted That in December upon his this Deponents return to York and upon hearing the Information Cause December 1632. Sir George Ratcliffe did offer to the Court the Lord President being there whether he might go on in the Information Cause for that there was a Reference between Musgrave and Vaux to Justice Hutton and Sir Robert Heath or whether the Reference might go on or no That the Lord President thereupon answered That a Rule for a Prohibition was no Prohibition but if there were one he would not obey it And whosoever brought a Prohibition there he would lay him by the heels And as he the Deponent remembred he directed his Speech to the Register of the Court and told him there was a Letter from the King to that purpose but that he said he could not very well remember And as touching the Reference my Lord said It was a Cause that concerned the Jurisdiction of the Court of York and no private man should end it He would try the Jurisdiction of the Court upon it and the next Term would go to London and acquaint the Judges with it and if they remanded the Cause back again so if not he would Appeal to the King in it That after Christmas in Candlemas Term 1632. He the Deponent went to London with my Lord and moved again for dissolving the Prohibition and for Liberty to proceed That again it was agreed between the Judges of that Court and my Lord to have a Treaty And several Treaties they had but could not agree The effect of the Treaty was That if a Trial could be directed at Law upon a fained Action I should go to Law reserving the Equity to the Court if not that the Judges would remand the Cause back again But after they had several days met and no Trial could be directed nor any Action devised at Law to try it my Lord thereupon said He would give no further meeting but would Appeal to the King and the party should Petition On which a Petition was drawn which the Deponent offered And the Judge speaking something of Vaux my Lord said he should not be in England but he would have his Body or words to that purpose F. Thorpe Sworn being interrogated touching some words he heard Mr. Justice Hutton speak touching these Prohibitions and some other things in that point He Answered He would give the best account he could of what passed being divers years since That he was with Justice Hutton in his Study and they had Conference together as they had many times touching that height that my Lord of Strafford was pleased to carry the business of York-shire with And that amongst other things my Lord was pleased to say my Lord had been with him and shewed himself very angry with him because he had granted a Prohibition And this is all he could remember He took it to be seven years ago and in the Cause that concerned Vaux as he took it and this was at London And added That the Judge spake with a great deal of Passion to think things should be carried in that manner as they were that the Judges should not have Liberty to grant Prohibitions For the Judge said that he had thus debated the business with my Lord Why should you be angry for granting of Prohibitions They in the Kings-Bench can grant Writs of Error to examine our Proceedings and we think it no offence and hold our selves as able to Judge as they And it is the Justice of the Law that requires it to be so and therefore you must submit to us as we must submit to them F. Thorpe being asked what he knew of my Lord of Straffords distast against them that sued out or solicited or councelled Prohibitions or Habeas Corpus's He first desired to be excused from saying any thing that concerned himself but being commanded to speak He Answered That he would speak nothing but the Truth if he must do it though he perish for it And he professed that he had not spoken in any place to any person what he was now to say That in the beginning of my Lord of Strafford's time it fell to him in his ordinary course of Practice to move for a Prohibition and on his motion some were obtained That he was informed
by divers men that my Lord of Strafford was much offended with him and some spoke it to him by way of Threat some others by way of Advice and Friendship That he should give over moving for Prohibitions which he did not understand to be a fault since the Justice of the Kingdom was that they should be granted and it continued a matter of a year after That then he took an occasion to go to my Lords House to Gantropp and his Errand was partly to present his humble Duty and Service to his Lordship and in the second place if he could have opportunity and if his Lordship would please to speak with him to give his Lordship satisfaction in any thing he had done in that particular because it was conceived he opposed the Jurisdiction of that Court. That after he had the Favour to speak with his Lordship which was long first He was pleased to say no otherwise than thus I have nothing to say to you you are one that oppose me But at the present I have eased you of the Office of Justice of the Peace so you need not trouble your self with that That he did humbly thank his Honour for it for howsoever he meant it he took it to be no dis-favour but a Courtesie he having been in three or four years but not executing any Authority it standing not with his occasions And his Lordship added Hereafter you and I shall speak further of the businesse That afterwards his Lordship met him in London in the Inner Star-Chamber he then attending on a motion day before the Lord Keeper amongst others of his Rank That my Lord President was pleased to come behind his back and lay his hand on his shoulder and said I Command you not to depart the Town That the words were something strange to him and not understanding well what his Lordship meant by it he instantly went to his Lordship and desired that he might know his mind he not very well hearing him That his Lordship repeated the words again I Command you not to depart the Town That for a matter of a Week or such a thing he did attend under this Command And then applyed himself to his Lordship by all Means and Friends that he could He Petitioned three or four times he is uncertain which He made means by Persons of Quality to his Lordship That his Lordship would tell him the place where he was to attend or the Cause for what or the Person before whom but his Lordship was not pleased to give him any satisfaction only thus much he received That he was one that did oppose his Lordship and he should attend Seeing there was no Remedy he made his Address to a Noble Friend present and acquainted him with the business who was pleased to take the matter so to heart as to move it to his Lordship That then he conceived the fault he had committed The not paying the Knighthood money in York-shire And his the Deponents Answer was he had offered it but was not chargeable by Law for he had not 40 l. a year three years before the Coronation as the Writ did enjoyn He speaks now of that which is not in the Charge which ought not to be We desire he may proceed leaving it to Your Lordships to sever that which is material from that which is not material F. Thorpe proceeded and said He could not say he punished him for the Prohibition but he conceived all did follow because he moved sometimes for Prohibitions And that he had opposed his Authority and Power in York-shire I Appeal to Your Lordships Judgments whether it be not out of the Charge Mr. Thorpe could not search my heart to know the Ground of the Offence The Charge against my Lord of Strafford is not only the Executing of these Instructions but also the exercising of an exorbitant and unlawful Power and Jurisdiction over the Persons and Estates of His Majesties Subjects To which the matter offered by the Witnesses is material The Lord Steward speaking to the Witness said Apply your self as much as you can to the point in question F. Thorpe proceeded and said That he conceived the Question was asked him generally What he could say concerning Prohibitions or them that had to do with them That no man living hath less desire to speak of my Lord of Strafford than he had and if he had not been asked this Question on his Oath and before that Presence and on this Command he should not have said it For what he said now he never had spoke before and with what Sorrow he came now to speak it he knew and said that he spake not this to any other purpose but only That these things which were done were done on the occasion of the Prohibitions For the matter of Knighting-money though it were made the cause of staying him in London yet under favour he said That was not nor could be the Cause For he had offered it below in the Country only thus That he was not Chargeable by Law but very willing to pay it if my Lord would have him pay it so he might comply with his Lordship or serve any occasion wherein his Lordship was employed And therefore that of Knighting was the occasion taken yet he conceived that was not the true occasion And lastly that after he had been kept 12 or 14 days under this Command his Lordship was pleased on that which passed between that noble Lord my Friend and his Lordship to give him leave to go home and then he paid the money We desire the Witness may not conceal any thing but speak it and being demanded accordingly F. Thorpe answered There was another particular happened on him and though another occasion was taken part came from the said Root but he desired to be pardoned in not speaking of it Being required to speak and to set forth what time this was and what that Noble mans name was who upon my Lord of Straffords motion procured him liberty F. Thorpe answered That he conceived the time to be about the Knighting-money business and the Lords name was My Lord Goring Your Lordships may observe this was long before the Commission in 8 Car. and some two years after my Lord of Strafford came to the Place Being Interrogated further Whether he or his Clients have forborn to move in that Cause of Prohibitions out of fear of my Lord of Strafford He answered For his own particular he hath forborn and durst not adventure it nor any that had to do with him in those parts as he knew durst move till of very late For he knew very well the price of my Lord of Strafford's displeasure Being asked if he knew any thing of the Case of Leyton about a Prohibition He answered He knew nothing of it I humbly desire with your Lordships leave to interpose a Question We desire that our Witness might first be
heard out and we shall not interrupt my Lrod of Strafford in asking what questions he pleases in his just defence Let the Witness proceed To your Lordships Order and in all things I shall pay Obedience I desire nothing in the World but a clear understanding of the Truth in this business and so I am sure every man doth that hears me and without Offence and with all Reverence I humbly offer That the Witnesses may stand apart from the Committee for the Commons the Committe asking the Witnesses many questions which I conceive by your Lordships Rule should be asked by your Lordships only For which I crave pardon if I have offended in moving of it I standing for my Life and which is dearer my Honour and my Children Their Lordships Rule hath been kept and things shall be carried clearly on all hands We desire the Witness may proceed to speak concerning his own Imprisonment and the Lord Steward Interrogating him accordingly he kept to the same Point F. Thorpe proceeds saying That he could give no other ground for it though another occasion was taken yet he conceived the true ground because he was too busie in medling with Prohibitions That the Pursevant attending the Council at York came to his house and carried him before the Lord President and Council where he attended a day and then had liberty to speak with my Lord That his Lordship was pleased to tell him there was an Accusation against him but they that laid it were not come to Town therefore he must attend and that they were his betters and therefore he had reason to attend He desired to know what it was but could not have that favour but some eight days after being in the mean time in the Pursevants Custody he was brought to the Council-Table again and his Lordship sitting at the upper end commanded him to kneel he coming as a Delinquent which he did accordingly bringing with him a spirit of submission knowing very well his ruine depended on his opposition and on his rising his Lordship was offended he stayed no longer kneeling Afterwards a Letter was read from some Gentlemen in the Country wherein they had written That I had spoken at the Sessions a little more than became me to the Court in defence of a Client on a Traverse to an Indictment And what they had written I confessed was very true for it was thus upon the Traverse of an Indictment the question being Whether the bare Indictment were Evidence to the Petit Jury I did say it was no Evidence and I desired to Appeal to the Judges My Lord President was pleased to say He would teach me to know there were other men for me to complain to viz. The President and the Council I told his Lordship I was ready to complain to any where I might have Right And I Appeal to the Kings learned Council Whether it was not Law what I spoke I was then put out and direction sent I must find Sureties and make publick submission at the Sessions for saying these words I did find Sureties and when I went to Sir W. Ellis to enter the Recognizance He told me I am sorry but I cannot help you for my Lord of Strafford over-ruled us and you are to be bound to the good Behaviour and make submission at the Sessions And he said further That what he was enjoyned he did perform And all this I conceive originally grew for that I did oppose the Jurisdiction of the Court at York and not for the Causes pretended And this binding to my good Behaviour was eight or ten years ago And being further asked Whether he knew of any other that had been oppressed with this Exorbitant Power or no F. Thorpe answered He had heard of many but he was not present at their Commitment nor saw their Orders and can say nothing of his knowledge only he knew Sir Thomas Gore was under Custody George Hawes was produced next and interrogated What he knew of Sir Conyers Darcies Fining I confess I was there and gave consent to his Fining but it was not by vertue of the said Commission for it was before my time The Manager did now sum up the Evidence and my Lord of Strafford's Answer was expected I desire a little time to retire And after some debating thereof betwixt his Lordship and the Committee It was Resolved his Lordship should have some little space to rest and peruse his Notes at the Bar which the Manager alledged to be unusual in any Court of Justice in a proceeding of this Nature My Lords there is a great deal of difference betwixt the Case of a man that answers for a bloody hainous and known Treason by the Statutes of the Realm before the Lord Steward and his Peers in an ordinary way of proceeding and him that answers a mixt Charge partly Misdemeanors and partly as apprehended Treason There is nothing in this that can be Treason and when 1000 misdemeanors will not make one Felony shall 28 Misdemeanors heighten it to a Treason And in that Point in due time I shall desire my Council may express themselves Whether any thing in this Charge admit it all to be true be Treason that if they be but Misdemeanors I should be admitted Council and examine Witnesses by Commission I had no leave to summon a Witness before Friday last and the greatest part of my Proofs and Charge comes out of Ireland and to be debarred from these under pretence of Treason I conceive to be in this Case a little severe But I shall proceed to my Defence And first As for the Instructions which I am charged withall being 21. March 8 Car. they were not procured by me I knew nothing of them The Commission and Instructions to the President and Council of York are of course renewed on the death of one of the Council of the Fee in Ordinary and the putting in of a Counsellor at large is only by Letter Sir Arthur Ingram who was Secretary going out and Sir Iohn Melton succeeding these Instructions of 21 March 8 Car. were renew'd That in the Case of such Renewing the Kings Councell of the Fee do by the Secretary offer the Kings learned Council such things as they conceive conducing to the clearing and bettering of the Kings Service in those parts And it finally comes to the Lord Keeper or Lord Chancellor and they agree it I protest that I gave no direction in these nor do I conceive any thing offered proves me to be the man that procured them As to the Execution of it from the date of that Commission to this hour I did never one Act nor stayed a minute as President of the Council of York The Commission being granted 21 March Oct. Car. and I went towards Ireland in Iuly following which I can prove by my Servants if they might be sworn And before I be convinced of a Misdemeanor I conceive
Durham being sent for on other occasions That he was at York in his Journey from Durham the first day of the Assizes and being at Dinner at Dr. Stanhopps there came a Gent. Sir Edward Stanhopp who called Dr. Stanhopp Uncle from the Assizes That the Doctor asked what news specially concerning my Lord Presidents Speech he told them that he prest hard to hear and could tell some passages of it Then they asked what they were says he My Lord President was speaking of this That the way of the Prerogative was in some particulars easier than the Common Law And in his expression he said these words The little Finger of the Common Law is heavier than the Loyns of the King This the said Sir Edward Stanhopp told him in the presence of divers others who he thinks do remember the words were so related and that he had related them often since and never took it otherwise till he saw it in the Charge and there it was clear otherwise And upon further question at my Lord of Straffords motion He Answered That he never acquainted my Lord of Strafford that he could say any thing in this till Sunday night and then talking with Sir William Pennyman he told Sir William the story My Lord of Strafford desired Sir William Pennyman might be heard and humbly acknowledged the Favour that had been done him by the House of Commons in giving liberty unto it upon his suit Sir William Pennyman being asked whether he was present at the time when my Lord of Strafford spoke the words of comparison between the Kings little Finger and the Loyns of the Law what was spoke and what was the occasion He Answered That he was present at the Assizes at York at that time and heard my Lord speak these words in another order and position than is testified by these three Witnesses And in truth he said he could wish he spake now on his Oath for he knew he spake on much disadvantage The occcasion was this A Rumour was cast up and down in the Country That my Lord of Strafford had received great sums of money concerning Knighthood which he had detained in his own hands and not paid into the Exchequer Hearing of this his Lordship thought himself much wronged in it and took occasion to vindicate himself and there spoke of it and told them to the best of his remembrance there was some omission on the Secretaries part or some of the Officers of the Exchequer Hereupon my Lord took occasion to discourse of the Legality of Knighthood-money and told them Gentlemen you may see this is a Commission of Grace and Favour for whereas you may compound with the King for a matter of 20 or 30 l. you have in two or three Terms run into great sums He added That he did not remember the proportion but the Inference was So that you may see that the little Finger of the Law is heavier than the Loyns of the King One of the Managers desired he might be asked by what means this was brought into his memory and how long since He Answered He had the retention of it in his memory before but it was revived on occasion of these Articles when they were exhibited It is enough and he did his Duty well that being a Member of the House of Commons he never informed the House of it My Lords I desire my Answer may be read wherein the occasion and the words are directly set forth quite contrary to those in the Charge and I protest that I will take my Oath on it That it was so And my humble request is That no Witness I produce may be prejudiced for any Testimony he shall give here being with the Liberty and Allowance of both Houses For if they should be discountenanced nay punished for it I should think my self a very unhappy man indeed and rather than I should prejudice any man in that kind I profess I would put my self on Gods mercy and goodness and not make use of any Member of either House and my principal Witnesses must be of both Houses rather than acquit my self by their prejudice for I accompt it an unjust thing to overthrow another to save my self The Testimony of a Member of the House hath great credit in the House and they take not the least exception against Sir William Pennyman for any thing he said before their Lordships but wish he may speak with clearness and truth but had he informed this particular himself to the House he had done my Lord of Strafford more right than by not informing to let it come in Charge and bring in his Testimony contrary to his Vote When a Witness hears a thing in question though it be not required of him certainly he should vindicate the Reputation of his Friend in contradicting it in season but it is not so done and certainly his silence to the House was not well My Lords This concerns me nearly This Gentleman Sir William Pennyman is my Noble Friend and a Worthy Gentleman and I would give him my Life on any occasion but I know him to be a Person so full of Virtue and Nobleness that he would not speak an untruth for all the world perhaps he might not think fit to speak it in the House men are left at their liberty The Charge came out in Print very lately and whether Sir William Pennyman might know any thing of it I leave it to those that better understand it But with this humble Request to the noble and worthy Gentlemen of the Commons House That they would please to regard it so that no man may suffer by me I protest I had rather suffer ten thousand times my self The business concerns the House of Commons the Committee knows not how they will apprehend it But it is only offered That the Judgment of the House of Commons may not be prejudiced The Lord Steward concluded this matter That his Lorship is put upon the Trial of his Peers who will give him all fair Respect That his Lordship shall be denied no just way for his clearing that he could say nothing in the Name of the Lords to this particular that 's come out on the present nor these Gentlemen in the name of the Commons only he may be sure to find all that is fit which my Lord of Strafford said he doubted not and hoped their Lordship would pardon him for moving it it concerning him very much As to the mistake in point of time the Commons laying it to be after the Commission 21. March 8 Reg. and prove it to be before the time is not at all material The offence is not that he spake it on that day but that he spake the words The Exception to Sir Thomas Leyton's Testimony that he had need to have better Ears he is a Gentleman of worth his Deposition is an Oath and he knew best what he heard the truth is
I conceiving not material as to the Charge forbore to answer to them whereby I understand I have received some prejudice therefore I desire I may now give satisfaction therein being well able to do it We hope your Lordships remember your own Order We desire he may not have that allowed him to day which was not granted him Yesterday The Evidence having been given for His Majesty my Lord of Strafford having answered and the Commons Replied Touching which the Lord Steward declared that the due Course had been followed The Evidence being given for the King my Lord having Answered and a Reply made My Lord this is a Court of Honour which is a Rule to it self and no other Court is a Rule to it and therefore if any thing were omitted one day through want of memory your Lordships may in your Nobleness allow another Your Lordships being your own Judges and Rule and most fit it should be so I do therefore beseech your Lordships that I may have liberty to offer new matter formerly omitted else I shall be on great disadvantage being to answer on a suddain and had no time till Friday last to bring in Witnesses and many perhaps may come up before my Trial ends We desire in the Name of the Commons of England we may proceed according to the Rule propounded that his Lordship may not invert the course on pretence of new matter for then it will be impossible for us to make good the Charge Which was accordingly Resolved adding further that there hath been ostentation of more Evidence We desire it may make no Impression with your Lordships We shall open the Third Article containing very seditious words spoken by my Lord of Strafford in a publick Assembly to the Kings Subjects That Ireland is a Conquer'd Nation That the King may do with them what he pleaseth And speaking of the Charters of Dublin He said The Charters are nothing worth and binding the King no farther than he pleases I humbly desire My Lords that the Witnesses may stand in another Room from the Committee it being not usual in other Courts though I dare not offer any Court to be a Rule to this and that your Lordship will direct the question We have been sensible his Lordship hath been large in his Imputations We shall behave our selves as becomes us in duty we speak nothing to the Witnesses but what any man may hear and we must tell them what they must speak to and less we cannot do I am the loathest man in the World to speak any thing that may give offence in general or particular neither did I charge any only desired that they might stand clear and that the question might come immediately to them from your Lordship Robert Kennyday produced and sworn I humbly offer to your Lordships That this Witness hath been questioned for many Misdemeanors and extortion in execution of his Place as Remembrancer of the Exchequer and for this was sentenced and that he knew he wished his Lordship no great good and left it to their Lordships Whether he be a fit Witness adding it to be his Misfortune That all that have suffered under the Kings Justice in his Ministry are ready to be Witnesses against him My Lords if he be guilty of Extortion it follows not that he is therefore guilty of Perjury neither doth any thing stand proved But if he hath taken a sum of Money that makes him not to be believed when he gives Testimony Robert Kennyday being examined what words my Lord of Strafford spake in Dublin of Ireland Whether it was a Conquer'd Nation and what he said of the Charters of Dublin and when He Answered That 30. of September 1633. he was the Kings Remembrancer in Ireland and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech touching the Presentment of the Mayor cited many of the Favors and Graces of the Kings and Queens of England and among the rest one Charter wherein he alledged was contained That no Lieutenant Deputy or Governor for the time being or any Justice or Justices could assess or lay any Souldiers on the City of Dublin without their consent That after the Recorder had made an end of Speaking my Lord Lieutenant was pleased to Answer him in many Particulars Among the rest he told them You are a Conquer'd Nation and the King may do to you what he pleases and for your antiquated Charters they bind nothing farther then pleases Him The Witness added some things to take off the Aspertions cast on him by his Lordship saying He was never brought to Censure Being asked on my Lord of Strafford's Motion Whether he said they were not void by misusage or the like He answered No truly Not a word that he heard Richard Earl of Corke produced and sworn I must profess My Lords my sorrow and unwillingness to speak my Exceptions to the Earl of Cork as conceiving him no competent Witness in respect of an Information exhibited against him in the Castle-Chamber by the King's Attorney there which I desire may be read and is I will not say in all the points of it but so far acknowledged that he confesses himself under his Hand and Seal to be in the mercy of the King and desires he may be made the Object of his Majesties Compassion not of His Justice And when your Lordships shall see the nature of it I Appeal to your Lordships Whether my Lord of Cork shall be admitted as a Witness against me especially he being a little displeased and I am sorry for it for something done in the Cause he giving 15000 l. for a Composition which the King had There are two grounds of my Lord of Straffords Exception to the Earl of Corke's Testimony as I conceive First His Censure or questioning upon the Information against him in the Castle-Chamber which we have heard to be much of the nature of the Star-Chamber here And that part we suppose was cleared by Your Lordships wisdom yesterday That not a Censure much less an Information in the Star-Chamber should be a fit Exception against a Witness The other part is the ill will which my Lord of Corke may bear my Lord of Strafford on that occasion Truly My Lords if ill will and offence against my Lord of Strafford should be an exception and prejudice to a Witness I am afraid there will be few in the three Kingdoms whose Testimonials will not be prejudiced But this I humbly offer to Your Lordships likewise My Lord of Corke is a Privy Councellor to His Majesty and made a Privy Councellor since by His Majesty and certainly it is not seemly to have that Reproach cast on such a Person That for a Prosecution in the Star-Chamber he should be made an uncompetent Witness The reading of the Information being hereupon denied My Lord of Corke was asked What words
Lord Robert Digby being asked Whether at the Parliament at Dablin or any other time he ever heard my Lord of Strafford speak those words He Answered That he never did that he doth not know whether he was present at that time or no that he did diligently wait but doth not remember the words nor occasion but he thinks he was not present Your Lordships have heard my Lord of Strafford's Defence with much patience That he hath said nothing that takes off the Charge but some things that aggravate it That he would answer the Particulars as his Lordship had propounded them And first he observed That his Lordship denies not the words Charged which makes greater way for proof of them He informs of the ill Fortune of other Governors that one was Attainted and the Informations afterwards retracted that my Lord of Faulkland was complained of yet a Noble and good Governor against whom or any Deputy we can say nothing But what is this for my Lord Strafford to say Others were questioned therefore he is Innocent These were complaints of particular men This against my Lord of Strafford is the complaint of all the Commons of England It is said here is no Treason in this Article no Argument of Treason but the Commons never pressed these words singly and dividedly to be Treason but take all together they discover that Disposition that Counsel that Resolution that my Lord of Strafford had taken on him the ruine and subversion of the Common Law in both Kingdoms It is said an Answer is put in and no Replication It is true in other Courts if you go on Bill and Answer the Answer is taken pro Confesso but the Commons desire not to bind up my Lord of Strafford with Formalities but by the substance of their Charge they have averred their Charge which is as much as a denial of his Answer To there being another Government in Ireland than in England my Lord himself spoke of it by himself but he thinks it will not be material to this purpose for whatsoever it is some Government there is but the Speech of my Lord tends to take away all Laws for they must expect Laws as from a Conqueror in that Limitation For his referring it to the time taking it in the sense that the then Conqueror might do what he pleased that 's true and justifiable But that is to suppose the words otherwise than they are being spoken not of the Kings that were before but of His Majesty that now is My Lord would make an Argument his words were well accepted because Mr. Slingsby heard nothing to the contrary the words had much Acrimony and Sharpness and we dare not believe the Mayor of Dublin durst tell my Lord of Strafford so or forbear any Complement to him though he had been displeased with him But if that be material the Witnesses that have proved the words will tell Your Lordships it was resented with a great deal of Grief and Sorrow in all the hearers His Lordship justifies what was spoken of the Charters on these grounds First That the Witness said they were Antiquated Charters and therefore did not bind whereas it was a scornful Epithite their Antiquated and Worm-eaten Charters did not bind It is said they were void through negligences questioned at Council-Table complained of in Parliament But they must take the words to pieces not altogether Had he spoken of the Charters alone that they were void Charters it were no crime no indiscretion But take it with the occasion and connexion it admits of no such mitigation or interpretation He tells them they are a conquered Nation and they must expect Laws as from a Conqueror And they are a conquered Nation and their Charters are no further good than the King pleases It is said It is strict to answer presently what may be objected and the Examinations are extrajudicial we doubt not but Your Lordships will justifie-our Proceedings nor is there any strictness in them for if a man be questioned of a Crime and several Evidences be brought to make up this Crime some concurrent some precedent they will be allowed of in other Courts It being never used to set forth in a Charge all circumstances of Proof The main is produced and this is an Evidence to prove that and it is within the Charge for there is a Charge that he corrupts the Laws and Government Then my Lord produces divers Witnesses who speak in a different sense Sir Robert King heard nothing another that he remembers nothing and if he remembers nothing it may as well be said of the rest That there might be something they did not hear or remember for they speak no more but they did not remember There may be something they forgot as well as another forget all My Lord Ranulagh says He remembers the first words and something as spoken of the second but he cannot tell how far So that there is rather a doubt that something was spoken to that purpose than otherwise The Lord Digby was not present Sir George Wentworth remembers not the words he hath a Copy of the Speech and is confident the words were not spoken But they were not spoken in the first Speech whereof there was a Copy when the Petition for the Laws was delivered And this is an Aggravation against my Lord of Strafford that by his own shewing there was an Exception taken when he spoke in a milder sense and to advance His Majesties Government it had an ill impression and was taken notice of and the Exception delivered to himself Now if after Exception taken to a Speech delivered in Parliament cloathed with so much mildness he in the same Parliament as soon as Subsidies are granted shall tell them they are a conquered Nation and shall not have Graces but such Laws as the King will give them This puts the Offence in higher terms than before so far are they from mitigation of the Offence We desire Witnesses may be heard concerning the circumstance of time Mr. Fitzgarret produced and Sworn Was asked whether he knew of a Petition delivered to the Earl of Strafford by the Commons concerning the Laws and how in time it followed the publick Speech at the beginning of the Parliament and what Answer was given to it He Answered That he was then a Member of the Commons House and present when the Petition was delivered But after the House of Commons had given the King six Subsidies the House of Commons entred into consideration of Petitioning for such things as were necessary and expedient for the Common-wealth as they thought this Petition was preferred to the Lord Deputy a good space of time after the Subsidies were granted and Advertisement sent to England of the good service done in obtaining those Subsidies from the House of Commons That he remembers not any part of the Answer given There was an Answer given in Writing either at Council-Table or in full Parliament from the House of
same If there be any Statute that gives my Lord of Strafford as Governour alone power to take Cognizance of meerly private Causes it is something to the purpose to say there is a particular Statute but till that be shewed he hath in this erected an Arbitrary Power And so he concluded the Reply and the Third Article THE Fourth Article The Charge THat Richard Earl of Corke having sued out Process in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper Petition without Legal procéeding did the 20th day of February in the 11th year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to Imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said 11th year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Corke claimed in certain Rectories or Tythes which the said Earl of Corke alledged to be of no force said that he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and did question the said Earl of Corke in the Eastle Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his Words and Spéeches Arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government ONE of the Managers opened the 4th Article and said The former Articles shew my Lord of Straffords Words this his Actions This Article concerns my Lord of Corke's being disseized of an Impropriate Rectory upon a Paper Petition to my Lord of Strafford and referred to the Council-Table the Earl of Strafford saying upon the questioning of the Proceedings thereupon That neither Law nor Lawyers should question or dispute his Orders an Order of Council-Board in King Iames his time enjoyning That no Parson Patron or Ordinary should make a Lease for longer time than the life of the Incumbent was made use of as a ground to dispossess the Earl of Corke In the first place We desire to open the Proceedings at Council-Table before my Lord of Straffords time viz. That in no case concerning Land no Decree hath been there made to bind up the party for remedy at Law The Lord Ranulagh being interrogated whether by the course of Proceedings at Council-Table the Deputy and Council have determined Title of Land and Possession and interrupted the parties to proceed at Law He Answered That he hath observed the course of the Board for 22 years and the course was That if Title of Land between party and party were in debate It was commonly dismissed from the Board with a leading order to be tried by course of Common Law Being asked whether a Deputy alone hath determined private Interest He Answered That he cannot positively say whether it were done privately but to the best of his remembrance he knows not that ever any Deputy determined any matter of private Interest but brought it to the Board though by reference or private proceeding it might have proceeded before it came to the Board My Lord of Strafford desired he might be asked whether he ever knew that any matter of Inheritance was ever by himself and the Council determined whilst he was Governour there that was barely Title of Land and nothing else He Answered And desired to explain himself concerning the former That Causes of the Church and matters of Plantations were resolved in former Deputies times to be dispatched at the Board And for the latter question he never knew matter of Title determined at the Board but in Causes of the Church and Plantations My Lord of Strafford desired he might be asked whether as President of Connaught he did not familiarly on Paper Petitions rule all things in the same nature as the Deputy on Petitions to him The Fifth day Friday March 26. 1641. AFter consideration of this matter by their Lordships it was resolved in the Upper-house That my Lord Ranulagh ought not to be examined on that point it tending to an Accusation of himself The Earl of Corke being Sworn and questioned touching my Lord of Straffords words to him upon his excepting against the Orders made upon the Petition touching the said Rectory His Lordship Answered That he had been in Possession as Tenant of the Crown thirty five years of a Rectory and certain Tythes in the County of Tiperany for which he paid a yearly Rent and having enjoyed it so long my Lord presented to it Arthur Gwyn that had been his Coach-mans Groom That when he heard of it he went to my Lord privately and told his Lordship that he was His Majesties Farmer of those Tythes and paid a Rent and desired he might not be sued for them in the Council-Chamber but if a Suit must be ommenced that it might be in the proper Court the Exchequer That my Lord told him he should Answer it there That he did so and my Lord ordered it against him That a Commission went down and Examinations were taken And after my Lord had ordered it against him an Order of course was set down that Gwyn should have them till I recovered them by course of Law That thereupon I brought an Action against him and his Tenants who were Arrested and came to Dublin and then went to my Lord and Dr. Bramhill Bishop of Derry That thereupon I was sent for before my Lord Lieutenant that then was and my Lord Lieutenant told me Sir You have taken out Writs against Gwyn to whom I Ordered the Tythes of the Rectory I confest I had and desired to know why he aked me so adding that I am sure your Lordship will not take away my Possession by a Paper Bill without Trial. That my Lord of Strafford answered call in your Writs or if you will not I will clap you in the Castle For I tell you I will not have my Orders disputed by Law nor Lawyers Gwyn was a poor man and if he should get the Rents of the Impropriation into his hands I could not get them again And therefore I desired security That if by course of Law I should recover it I might have it again That my Lord of Strafford thereupon said It was very fit and just but the Order being brought unto me I said there was no such thing in the Order Being desired by the Earl of Strafford to repeat the last over again I say that
and acknowledged by my Lord of Corke to be Sir Paul Davis's hand Upon reading whereof my Lord of Strafford observed That it appears to be a Church-Cause That the Order was just and that the Clause for the Plaintiffs giving of Security to answer the mean Profits which my Lord of Corke said was struck out of the Order and for my Lord of Corke's liberty to bring his Action at Law only he was limited to prosecute it within a year Mr. Leake was produced by my Lord of Strafford and being asked what Authority he hath known the Council-Board in Ireland to exercise both before my Lord of Strafford's coming thither and since in Causes of the Church and Plantation and concerning Contempts to Proclamations and Acts of State and what Countryman he is He Answered That his name is Leake of Leake in the County of Nottingham where he said his Family hath continued 400 years That it is 14 years since he went into Ireland and before this Lords-Deputies time and before that time he did not observe any restraint from Injunctions on the Council-Board till the Instructions published and they did stay them That they proceeded by Injunction Process Bill Answer Examination and other Courses as in the Chancery of England And since the same course hath been held And my Lord of Strafford hath had in the Castle-Chamber divers Causes of Law argued before him concerning the Church wherein one Chadwick and divers others were convented thirty times when he the Examinant was there and heard them twenty he is sure but he thinks thirty But my Lord of Strafford did forbear to give Sentence till he heard these Causes argued That 14 years he hath been very well versed in that Kingdom that he hath known Injunctions have gone out from thence to stay Proceedings in Causes where they have Power of Jurisdiction that he hath known my Lord Chancellor Loftus that was to grant an Injunction without Bill and before any Complaint depended before him and that he himself had the Injunction granted Being asked about the time of his going into Ireland He said he went betwixt 1627. and 1628. Whence observe that the Witness hath made an Observation of the Instructions five years before he came into Ireland Being asked some other questions touching the occasion of his going into Ireland and how he came to take notice of the Proceedings there He Answered He hath been there at several times to pursue some Tenants of his that fled into Ireland and by reason of the Suits and Petitions he prosecuted in his own Right he had occasion to enquire after Proceedings there having been there for the most part of 14 years To the Statute of 28 H. 6. which the Commons have pressed as a Rule for the reâ—ing of Causes to their proper Courts and to annihilate all these Proceedings before the Deputy and Council and before the Deputy alone in his particular Jurisdiction in the nature of a Court of Requests in England I reserve my self to have my Council give satisfaction therein Only desire your Lordships to observe the last Clause saving the King's Prerogative These Proceedings are not against Magna Charta they being according to the Laws and Customs of the Land though it be not the Custom of England And if he hath been an Innovator it hath been to conform Ireland by all ways he could in Religion and Laws to the better and more excellent Pattern of England To the Objection made against Mr. Gwyn he is altogether unknown to me only was recommended to me and here is a Certificate that Gwyn is Master of Arts but that was not read nor insisted on To the matter of words Charged upon him He Answered That words without Fact can be no matter of Treason though of a higher nature then these That words are to be charged within a limited time 1 E. 6. Ca. 12. whereby it is provided That none shall be Impeached concerning Treason for words only if the party being within the Realm be not accused within thirty days If out of the Realm within six months c. Which Proviso his Lordship read and reserved to his Council farther to apply it For the words spoken to my Lord of Corke That neither Law nor Lawyers should dispute my Orders I conceive I might justifie the speaking of them if the Orders and Acts of State be justly warrantable and honourably made Yet it is improbable I should speak the words when the Order refers it self to Law If they were spoken they are at the highest indiscreet and foolish and it is a heavy thing to punish me for not being wiser than God Almighty hath made me For the last words That I would make the said Earl and all Ireland know That so long as I had Government there An Act of State made or to be made should be as binding as an Act of Parliament I observe my Lord of Corke's quick memory that could swear them roundly without missing a letter or sillable as they are laid in the Charge That these words are only in the Charge and so only to be answered to And for Answer I say That in case of an Act done they may be brought collaterally as an inducement to prove the intention But the Act must be proved before they can touch me as of Treason My Lord of Corke is a single Witness and by a Proviso 1 E. 6 Ca. 12. no person after the first of February then following is to be Arraigned c. of Treason c. for any words to be spoken after the said first of February unless the Offendor be accused by two sufficient Witnesses or should without violence confess them To the words spoken of by the other Witnesses being the same in effect I am not to answer being extrajudicially proved and spoken in other places and times than I am Charged withall Yet I think they might be fairly interpreted For if an Act of State be not made against an Act of Parliament or a Fundamental Law of the Land but consistent with it and made by way of provision for remedying some present Mischief in the Common-wealth till the Parliament may provide Redress for it They are as binding during the time they are in force as an Act of Parliament though I confess the Comparison is not good because they be made according to Law and Justice according to the Fundamental Laws of the Land wherein the Prerogative of the Crown hath a part as well as the Property of the Subject For if the Propriety of the Subject as it is and God forbid but it should continue be the second undoubtedly the Prerogative of the Crown is the first Table of that Fundamental Law and hath something more imprinted upon it For if it hath a divinity imprinted upon it it is God's Annointed It is he that gives the Powers And Kings are as Gods on Earth higher Prerogatives than can be said or found to be spoken of the Propriety or Liberty of
for him towards the upper end of the Table And there stood charged with several dis-respectful words spoken by him and the words mentioned in the Censure that was read were the words That he was charged to have spoken those words in breach of certain Articles by which the Army of Ireland was Governed the 13th and the 41st That there was much interlocution from my Lord Deputy to my Lord Mountnorris and returned from my Lord Mountnorris to my Lord the substance was That he was ready to give his Charge That he had violated those Articles That my Lord Mountnorris desired time to answer by Counsel and that he might have his Charge in writing That being not readily granted he insisted on it That he might have time to prepare his Answer but was told it was contrary to the form of that proceeding But whether that Objection of the form came from my Lord himself or from some other Member of the Board that I heard before named I cannot possibly say But thus stands the state of it my Lord Mountnorris neither confessing nor denying the Charge my Lord Deputy replyed Sir If you do neither confess nor deny the Charge how shall we proceed The Deputy called on the Lord Moore and said What shall we say to this business My Lord saith the Lord Moore what I can say is under my Hand That a little time after a Letter was read from the King whereby His Majesty was pleased to give direction to proceed in a Martial Court for Reparation and Honour of the Lord Deputy on the Complaint and Information given to the King That my Lord Mountnorris instantly fell on his Knees expressing a great deal of Grief and Sorrow and in truth Passion and had not much to say for himself and soon after was bid to withdraw and being withdrawn my Lord Deputy said That as he had complained to the King so he would expect that Honour from the Board That his Cause should be taken into consideration and such Redress given as was fit He demanded Justice according to the Articles insisted on And having declared it there was a silence amongst us for some time That he was the first that brake that silence and in as humble manner and terms as he could light upon did humbly desire my Lord Deputy to give him leave to ask whether he would give leave to wave either of those Articles but my Lord said he would demand Justice on both That this being so there was some Interlocution of discourse among the Council and in truth he thinks that he was one of the first that said that these Articles and the words cannot bear so good a construction but that there may be some danger of a breach upon these Articles Being asked whether the words were not represented to the Council of War in a Paper written and the Testimony given in pursuance of that Paper He Answered That as he remembers my Lord Moore having made a return to my Lord Deputy My Lord What I can say your Lordship hath under my hand he thinks my Lord Deputy said My Lord if you deny it I have it under your hand to shew And thereupon as he remembers the Clerk of the Council standing by had direction to draw up some Interrogatories which my Lord Moore did acknowledge and Sir Robert Loftus too did affirm that they were spoken by my Lord Mountnorris as much as was mentioned in the Paper Being asked how many Companies of the Army were then in Town how many in a Company and whether they were exercised in a more than ordinary Training and how many Companies the Army consists of He Answered That he thinks the Horse-Troops were 40 or 50 at the most some my Lords own The Foot-Companies were 50. And of those Companies there were he takes it two Horse-Troops besides my Lord 's own Troop and four Foot-Companies they were called up to guard and attend our Occasions in Parliament and they did their Duties as Souldiers every day as indeed my Lord of Strafford was careful of well exercising the Army as any General he ever saw and there are forty Companies of the old standing Army Being asked on my Lord of Straffords Motion Whether my Lord of Strafford did not declare he would not give Judgment in the Cause but Appeal to them as a Suitor for Reparation He Answered That my Lord of Strafford held them to the Point of the Articles demanding Justice on the Articles that he said sometimes he would depend on our Judgment in it and yet he would hold us to the Point of the Articles And further that if there were not a necessity of his being there he would have withdrawn too But my Lord would not give the Council a latitude to proceed according to the King's Letter for Reparation but he held them to the Point of the Articles Being asked on my Lord of Strafford's Motion Whether he did not tell my Lord Mountnorris when he went out of the Room that he would not speak a word till he came into the Room again and whether he did not do it accordingly and whether he sate bare all the while as a Party and not as a Judge In answer he desired leave to offer to their Lordships that he acquainted their Lordships before that as soon as my Lord Mountnorris was withdrawn my Lord did declare what he the Lord Renula had formerly said But after the Council fell into debate of it he spake not a word nor gave any interruption And he cannot positively say that he sate bare all the while Being asked Whether this was not in the time of full Peace and whether any Rebels or Enemies were in the Kingdom He Answered Certainly it was a time of very full and happy Peace To prove that in discourse concerning this Sentence my Lord said afterwards He would not lose the Honour or Share of it The Earl of Cork being asked to that purpose Answered That all he can remember is that the Sentence was publickly read in the Star-Chamber and my Lord said He would not lose his Share in the Honour of it but he cannot remember the day Lord Viscount Dillon asked to that purpose Answered That he happened to be in the Star-Chamber that day by my Lord of Strafford's Command and carried the Sword that day That the reading of the Sentence he remembers not but the words he heard That the Sentence given against my Lord Mountnorris by the Council of War was a noble and just Sentence and for his part he would not lose his share of the Honour of it The Commons proceeded to that part of the Charge which concerns the execution of another man by Martial Law William Castigatt sworn being asked several questions touching that part particularly Whether he knew one executed by Martial Law and by whom c. He Answered Yes his name was Thomas Denewitt and it was last Summer was two years that he was on the Green when he was
Communicate it to any man till I brought the Letter because I was resolved to speak of it to no man living and in conclusion left it wholly to the Council For the words That I would not lose my share in the Honour of that Sentence if I spake the words I meant the Justice and satisfaction done me by that Sentence being by the prime Officers of the Kingdom And whereas it was said yesterday that though I thought it hard to lay words to my Charge yet I thought it not hard to lay words to the Lord Mountnorris his Charge there is a difference between laying words to a man's Charge to Accuse and Condemn him of High-Treason to loss of Estate Life Honour and Posterity and pressing words to only two days Imprisonment being only intended to discipline my Lord Mountnorris and teach him to govern his Speech with more modesty His Defence to the business of Denwitt's Execution He confesses his Vote concurred and thinks he had Authority and may justifie it He produced the Sentence Dated 13. February 1638. where his Crimes are set forth to be the fellonious stealing of a quarrer of Beef and running away from his Colours in breach of the 9th and 6th Articles for which he was sentenced to Death according to the use of Martial-Law His Lordship opened the Nature of the Offence being committed at a time when the 500 men were attending to go to Carlisle and the Example might be dangerous and desired Sir George Mountnorris might be asked Whether Denwitt was not convicted to be guilty adding that he had been burnt in the hand and running from his Colours is death by the Laws of Ireland He produced a Statute of Ireland 20 H. 6. C. 19. whereby it is Enacted That every man that receives the King's Wages and departs from his Captain c. shall be proceeded against as a Felon As also the Statute 7 H. 7. C. 1. The departing of a Souldier from his Colours is Felony and the Offendor to undergo punishment of Law And 10 H. 7. all Laws formerly made in England are to be in force in Ireland and so that of 7 H. 7. For further clearing whereof he refers himself to the Council One of the Managers did make Reply in substance as followeth That if this Fact be not Treason yet it seems to prove his Intention to subvert the Law which is Treason Whereas he hopes for the King's Mercy so the Commons do as really trust for the King's Justice The Commission he insists on is limitted with Si opus fuerit and the King intends Execution according to Law Magna Charta and the rest of the Laws of England being of force in Ireland There hath been an Army in pay in Ireland since Henry the Eighths time and so there are some in pay here in Portsmouth and Plymouth and yet it follows not England must be Governed by Martial-Law The Lord Wilmott was produced by him to justifie the publishing of Orders and exercise of Martial Law in Ireland But we Appeal to your Lordships Whether he gave Testimony of executing any by Martial-Law Sir Adam Loftus says There are Provost-Marshalls and they do use to put men to death but they are Rebels whom they execute which squares not with this Case only that of Sir Thomas Wayneman is a full President For the King's Letter it is written on his Information and if the King's Ministers misinform him He is just before God and men and the Letter directs Reparation as it was fit there should be My Lord pretends he was no Judge in the Cause your Lordships may remember who procured the Letter to proceed and who sate there to manage the business though he sate with his Hat off if he would have been indifferent he should have left the Counsellors to themselves And when some moved they might proceed on one Article he cryed both and so he was the Procurer of the Sentence with which he is charged not with the Voting of it He pretends he sate by and said nothing yet no man talked more at the Sentence than himself He proves not the Course of Martial-Law and there is a Judge-Marshal to whom in any proceedings in a Martial way address should be made and it was desired he might be called to testifie how they went about it Another of the Managers did add by way of Reply That whereas my Lord of Strafford insists much as if Martial-Law were part of the same Law of Ireland but the 25 E. 3. is in force there and that is recited in the Petition of Right in force here as the ground why Martial-Law ought not to be in England and therefore there is the same ground why it should not be in Ireland For that Commission he speaks of Opus est is Martial-Law when there is bellum flagrans but what need was there of Martial-Law in my Lord Mountnorris his Case when he would rather lose his Hand than the Sentence be executed For the Orders made by my Lord Wilmott and others there is difference between making an Order in way of terror for fear of Execution and putting that thing in execution Many Witnesses are produced to prove the practise but not one speaks in point of Execution unless upon Rebels and Traytors and such as would not come into Law whereas my Lord Mountnorris was had into the Law Whereas he takes the Example of those before him the Commons cannot see the Restrictions put upon his Commission for Martial-Law but in the preceding Deputies time there was a limitation that the Provost should leave the Souldiers to trial at Law except in time of War and Rebellion The Statute of 20 H. 6. is against him for it makes the Souldiers running from his Colours Felony and certainly meant it should be tried by that Law that makes it Felony which would have given him the benefit of Clergy not by Martial-Law And though he thinks he may justifie it he falls at last to a Pardon He says He acquainted no body before hand with the business but if he may give the Interpretation he will be sure to put a good end to it if he would not prepare the Council for Justice why should not the Delinquent be prepared The words are pretended to be spoken in April my Lord of Strafford procures the King's Letter in Iuly and questions it not till December here is no opus est The very words of the Order the Witnesses were examined by our Command which make it his own One of the Managers desired that two of the Instructions of former Deputies might be read To this my Lord of Strafford excepted as supplemental and dangerous and not warranted by any other Judicature After some debate touching the admitting of my Lord of Ely to be examined to the Course of Martial-Laws in Ireland being new matter arising out of his Answer It was Resolved that he should be examined only to that new matter The Earl of
Ely sworn was examined what was the proceedings of the Marshalls Court when he was Judge-Marshall and how long he had been so He Answered He was 40 years since Judge there and for the manner of proceeding There was never any Deputy or Governor of that Kingdom but they had a Commission of Martial-Law to be exercised in the time of their Government but the exercise of that Law was two-fold one was Summary the other was Plenary That which was Summary and short was committed to the Provost-Marshall that sought after the Rebels and Kernes that kept the Woods These when they were apprehended the Provost-Marshall hanged them on the next Tree and this was in poor Cases where the estate of the party that prosecutes is not worth 40 s. In the second which is the Plenary proceeding there are three Considerations to be had of the time the place and the person the time must necessarily be in time of War the place in the Field and the persons must be such as are subject to the Rule of Martial-Law And the proceeding was thus The parties complained the other appearing an Information was drawn in writing Witnesses produced and reduced in writing a Sentence given absolutely or condemnatory and the Party punished or acquitted and the Warrant directed to the Provost-Marshall to put the Judgment in Execution But when the Army was dissolved and every one returned to their own home Souldiers Captains and Commanders this Power ceased and was no farther executed for it had been an extraordinary damage to His Majesty that by the Martial-Law every one should be tried for he loses nothing but his life not his Lands or his Goods and therefore the proceeding without was so slow and seldom that he had not remembred any man of quality worth 100 l. or 200 l. in thirty years to have been executed by Martial-Law Here the Manager did offer the Instructions given in my Lord Faulkland's time which Mr. Fitz-Gerard testified to be by him examined with the Original in the Signet-Office as to the 33. and 34th Articles Part of the Instructions were read viz. 33. Such as are to be brought to Trial at Law are not to be executed by the Marshal except in time of War and Rebellion One of the Managers observed That my Lord of Strafford would have Power of Martial-Law over my Lord Mountnorris but would not execute him which shews he desires not blood so much as Power of blood that the Law of all the Peers might be under his Girdle and he besought their Lordships to consider it Whereas he said The blood of their Lordships Ancestors was spent in the Irish Wars this way their own blood may be spent in the Peace of Ireland and Peace of England c. My Lord of Strafford taking notice of some words charging him that my Lord Mountnorris lost his Offices in that Sentence In way of Answer said That they were lost in a Sentence in the Castle-Chamber for Misdemeanors fully proved and by himself confessed and therefore His Majesty disposed of them To which one of the Managers Replyed That there was no sentence in the Castle-Chamber against him And so after some Discourses and Resolution touching the Method of the Proceedings about the next Articles the House was Adjourned The First day Monday March 29. 1641. THE Sixth Article The Charge That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolstone did cause the said Lord Mountnorris to be disseized and put out of possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having béen 18 years before in quiet Possession thereof MR. Glyn opened the Sixth Article setting forth the Execution of an Arbitrary Power by the Earl of Strafford contrary to Law in point of the Estates of His Majesties Subjects by disseizing and putting the Lord Mountnorris a Peer out of Possession of Lands of 200 l. a year which he had possessed 18 years before on a Paper-Petition without any Rules of Justice during the said Lord Mountnorris his Imprisonment contrary to an Act of Parliament read the other day to King Iames his Instructions to the directions of His Majesties Proclamation and the Rules of proceeding in the Kingdom of Ireland The Decree made in the Cause betwixt Rolstone and my Lord Mountnorris was first offered the Manager observing that it was nothing to the matter whether the Decree were just or unjust and that it never depended in the Chancery as is set forth in his Answer Thomas Little the Lord of Strafford's Secretary being sworn attested that the Copy produced was under his own hand And here my Lord of Strafford informed their Lordships that upon his Defence he would ask Mr. Little some questions desiring their Lordships to remember that he is upon his Oath The Decree was read Dated 28. Iuly 1637. whereby for the Reasons therein set forth and with the assistance of the Lord Chief Justice of the Common Pleas It was among other things Ordered That Henry Rolston should be put into quiet Possession of certain Lands therein mentioned Lord Mountnorris being Examined Whether he was put out of possession by Vertue of that Order and how long he had Possession of the Lands He Answered He was in quiet and peaceable Possession from May 20. till he was put out by my Lord of Strafford's Warrant August 29. 1637. as was written to him from an Agent that was there from the delivery of the Warrant to the Sheriff That he was all the while the business was in prosecution till his coming into England a little before his putting out of possession in prison under restraint for not suing out his Pardon upon the Sentence of the Council of War Mr. Anslow sworn and interrogated to the same purpose Answered That to my Lord Mountnorris's possession of the Lands he can say only by seeing the Accounts passed by former Receivers and the Patent my Lord Mountnorris had of the Land but for his being put out of the possession by the Order he found when he was left in Ireland about a year and half ago he was put out of possession by an Order of my Lord of Strafford and that he being there could have no Rents paid Henry Rolsion's Son being in possession the Father being dead Being asked Whether a Petition was not preferred for liberty to proceed at Law He Answered It was in his own behalf for the Land was estated on him by his Father And that he the Deponent being to pass his Land on the Commission of Grace Rolston Petitioned for it himself and therefore he the Deponent Petitioned it might be hindred to pass and that he might have his Right tried legally but he could get no Answer the Commissioners saying They sate not there to question any Lords Estate The Manager observed this to be the assuming
to the destruction of the Law he flies to the Kings Prerogative for shelter That to mention the Kings Prerogative in the face of the Peers of the Realm and in presence of all the Commons when he is charged with an Exorbitant proceeding to the Subversion of the Laws is but to cast a Scandal upon the Kings Prerogative and to make it have a worse relish whereas the Law supports the Kings Prerogative and the Subject supports it When his Answer is charged not to be according to Truth he casts a Gloss upon it from the easiness of his being mistaken whereas when he is able to justifie it he glories in it as that whereto he must stand or fall That the Letters Patents which my Lord of Strafford produces rise in Judgment against him for the King hath trusted him ad custodiendas leges Regni and therefore if he hath broken through them he hath broken his Trust. He says It is strange the exceeding of Jurisdiction should be laid to his charge as Treason He is charged with the Subverting of the Law and that 's more than the Exceeding of a Power He read the Instructions to warrant his Act and by these the Commons desire to be judged whether they do not in the Negative say there shall be no such Proceeding before the Deputy and yet he will imply there have been proceedings to the contrary which we cannot see He justifies his Proceedings by former Deputies and hath produced Henry Dillon who hath seen several Proceedings in Sir Henry Bagnalls time and others where Orders have been made by the Deputy alone but the Orders themselves are not brought whereas if they were looked on and consideration had what results out of them their Lordships would not have suffered them to be read without Attestation that they were true Copies But now whether they be entred or no or what other Proceedings there were the Witness doth not know and therefore they are no Evidence nor in truth ought to be offered And the Witness being asked what the Orders were he says one was a Reference and whether Witnesses were examined he says he doth not know He produces my Lord Dillon and we offer to be adjudged by him for he says He knew not any Deputy before my Lord of Strafford that hath intermeddled with matters of Land except in Plantation and Church Causes and this Order is charged to be made by him alone He pretends this is a Court and a Prerogative of the Sword We know not whether my Lord of Strafford intends to keep it by force but whereas he produceth a Commission for giving Oath to the Clerk of the Council this Commission needed not if it were a Court for the Court it self would give an Oath and whereas he mentions it to be in the nature of the Court of Requests we would gladly know whether there be not Authority in the Judge to give an Oath He produces several Orders in my Lord of Faulkland's time The first is expresly for Plantation Lands and there was no determination in Equity or otherwise The second Order he produced in my Lord Faulkland's time was a meer Green-cloth Case and nothing to this purpose The third Order produced was in a business recommended from England to my Lord of Faulkland and such Causes as are out of the Instructions excepted The Order in the Lord of Corke's time was but an Order of Reference to the Archbishop and a Reference is no Determination a private person may do as much So that we observe nothing hath been offered to prove that a Deputy alone hath determined matter of Possession and in this we rest with confidence That none ever did before himself and shall therefore desire the Examination of some Privy-Counsellors He produced a Letter from His Majesty to proceed in such Causes But if by Law it ought not to be then a Letter and Authority derived thereby is void and warrants not Proceeding in the Subject the Letter was as just as might be being obtained on his Information to whose Government and Trust His Majesty had committed the Kingdom and if he mis-inform he must Answer it And the Letter is written with caution giving Authority to proceed in matter of Equity as former Deputies had done and if it be not proved that his Predecessors had used such Proceedings where is his Authority He says he hath proceeded according to the direction of the Kings Letter that is he never determined Title of Land but in Equity and when such Causes have come to him he hath referred them to Law which we are forced to disprove that by offering it under his own hand that whereas a Nobleman of the Realm my Lord of Baltinglas had mortgaged to Sir Robert Parkhurst for 3000 l. Land of a 1000 l. year when Sir Robert had Title at Law and might as Mortgagor have entred after the day past Sir Robert prefers a Petition to my Lord of Strafford himself and he without the Council determines the Possession and takes it from the Mortgagee and afterwards he purchases the Lands himself and letts them for 680 and odd pounds a year For my Lord Mountnorris his Imprisonment the Manager said That when his distressed Lady the Mother of Twelve Children Petitioned His Majesty declaring the great Distress her Husband suffered by the Tyrannical Power exercised over them His Majesty like a Gracious Prince referred it to the consideration of the Deputy That on submission he should deliver him out of Prison But when the poor Lady presented it with Tears in her Eyes and cast her self at his Feet though there was a Reference from His Majesty yet he that would at another time shelter himself under the Kings Prerogative refuses to give so much Respect as to entertain it and when the eldest Son came refused to accept it Another of the Managers added That whereas there is a restriction in the Kings Letter That the Earl of Strafford should not meddle with any thing in other Courts they would shew that after two Decrees in a Court my Lord hath on a Petition Decreed quite contrary and it was no Beggars Cause but a Knights and 5000 l. value That to the Kings Letter they will give all Reverence But if my Lord of Strafford had found such a constant practice to be proved he needed no Letter to set up the Jurisdiction that was in him before That this Letter under the Signet can give no Countenance against an Act of Parliament which Orders That the Deputy shall not meddle with Causes but remit them to their proper Courts and no other Exposition can be given of the saving of the Kings Prerogative but only a reservation of His Liberty to Sue in any Courts And for him to seek by mis-information to procure a Letter from His Majesty for a Power not warrantable by Law he conceives it an Abuse of His Majesty and that makes his fault the greater and he instanced in the Marquess of Dublin who for procuring
I desire that these matters that come on me suddenly and being no part of my Charge may not stick with Your Lordships In the business of my Lord of Baltinglasse I remember little only that my Lord Baltinglasse had forfeited his Estate to Sir Robert Parkhurst who had a clear and free Estate in the Land by Fine and Recovery and divers Conveyances The Lord Baltinglasse desired me to take the hearing of the Cause to see if I could procure from Sir Robert Parkhurst a further sum of money The Order was made with both their likings and my Lord Baltinglasse was content to perfect the whole Estate Sir Robert Parkhurst was in Possession at that time not the Lord Baltinglasse That seeing no cause to relieve him in Equity they left him to seek relief in other places That afterwards an Agreement was made 300 l. received by the Lord Baltinglasse and after 100 l. more got to be given and so there was a full Conveyance and Acquittance from Father and Son That himself hath no Interest in it but only of Trust to anothers use For that which was offered against the Jurisdiction the Proofs are Negative and contradict not what I have offered And if I might shew my Lord of Faulklands Book of Entries I could produce as much done by my Lord Faulkland alone 1623. Attachments against Body and Goods Hearings between Parties and Parties Warrants for Distresses Warrants to the Sheriff for Possession of Lands Injunctions to Judges of Assize For my Lord Mountnorris his Imprisonment I desire Your Lordships to observe that His Majesties Reference is That I shall not set him at liberty without a Submission so that he may thank himself for his Restraint For my Carriage to the Lady Mountnorris at the delivering the Petition I desire Your Lordships to hear a Witness Who being asked to that purpose Answered That he was present when my Lady Mountnorris was once with my Lord but knows not whether that were the time in question It was about 1636. That he was present when her Son delivered one before which my Lord would receive but her Son would not deliver the Reference but a Copy being so Commanded by his Lady Mother That when my Lady delivered it on her Knees my Lord told her She had done him the greatest Injury she could devise and that if she had broke his Head she should have pleased him better Being asked whether my Lord rejected the Petition He Answered That he cannot certainly remember what was done with it but my Lord said he could not do any thing on a Copy The Lord Viscount Dillon being asked to the same point Answered He was by when my Lady Mountnorris came to my Lord to the Covent-Garden with a Petition in her hand and kneeled to my Lord but my Lord desired her to rise and offering the Petition he said he would not meddle with any Petition at that time That my Lord was going abroad and led her to her Coach in Civility but received not the Petition My Lord of Strafford professeth these things be so long past that he remembers them not well nor whether she offered a Copy the second time The Manager did here observe That he acknowledged the Civility of my Lord of Strafford in this point but there is one point sticks with him as higher than any offered and then their Lordships may think he goes high enough That there hath been proved my Lord of Straffords Tyrannical Proceedings on the Life and Fortune of my Lord Mountnorris One step more the Manager said he had heard off and that was his Soul and that sticks with him more than any thing else He kept him in Prison till he should acknowledge the justness of a Sentence which in his Heart he abhorred and held unjust That all former Tyrants when they would proceed against a man have found out two false Witnesses but when a man shall be made a false Witness against himself it is much more Tyrannical And he wished this Design had kept only in Ireland and had not come into England which he hopes shall be so no more And so after a short Reply to the two particulars last mentioned the Manager closed the 6th Article conceiving that it remains as was offered That my Lord of Strafford hath determined things contrary to the Commission and Authority obtained from His Majesty The Manager added That for the present the Commons will pass by the 7th Article and proceed to the 8th concerning Arbitrary Power over the Estates of the Kings Subjects And of that the last part only concerning the Lady Hibbott But my Lord of Strafford professing his disability to endure the Toil and that he was ready to drop down in respect of his much sickness and weakness and desiring their Lordships to turn the case inward and to see in the Closet of their own Hearts if there be not reason that being upon his Life his Honour and Children and all he hath he should not be prest further and setting forth how the rest of the day after his going hence is disposed of The House was Adjourned till next day The Fourth day Thursday March 26. 1641. THE Eighth Article The Charge THat the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of his Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord. Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close-Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit
a true Testimony my Lord of Strafford presently pursues him and lays Imputations and scorns upon him and therefore humbly prayed to be spared else that he might have liberty to justifie himself Whence the Manager observed What it is to fall on Witnesses persons extravagantly when they produce them and therefore desired my Lord of Strafford might forbear it being a great disheartening to Witnesses My Lord of Corke added That my Lord of Strafford accused him to have a Pardon whereas he knows he hath none That he is an honest man and wishes my Lord of Strafford could leave the Kingdom with as much Reputation as himself had left it And for the matter demanded his Lordship said He was at the hearing of the Cause and Voted against the Plaintiff but whether the major part Voted against him or no he knows not Being asked What words my Lord of Strafford said about making a party in that Cause He Answered That he thinks he spake these words He did not think there would have been a party against him for if he had he would not have brought it to that Table for the Petition was preferred to himself Sir Adam Lofius being asked What Sir Robert Meredith told him of his part in the Bargain He Answered That he heard him say He had no Title or Interest in it but only his name used in trust but for whom he did not declare and that was all he said to him The Manager added That they have another Witness to prove that of the majority of the Vote my Lord of Ely but he is sick And so the Manager summed up the Evidence and observed it to be something that my Lord of Strafford should pitch upon the very sum of 500 l. that Mr. Hibbots had by way of increase That the Order was made with an examination of Witnesses on pretence of Fraud where the Lady denied it on Oath and that though it was so great a fraud in the Lady to procure a Reversion for 2500 l. which was sold for 3000 l. and afterwards re-sold to the Lady for 7000 l. and so concluded that it is an Arbitrary Government drawn into my Lord of Strafford's own breast and the Inheritance of a great Estate taken from the King 's Subject without Rule of Law there being a Fine levied but being not retorned as the Commissioners are bound to retorn it he made an Order it should not be retorned and a Lady threatened with doubling and trebling the Fine and one of the Feoffees Sir Robert Meredith confesses it was for my Lord of Strafford And to prove that Sir Philip Persival acknowledged so much Mr. Fitzgarret was Interrogated What Sir Philip Persival said who thereupon answered That Sir Philip had often told him the Purchase was to the use of my Lord-Deputy now Earl of Strafford That he hath had occasion of Conference with him about the Estate and hath sometimes discoursed with him concerning the Estate wherein his name was used That he the Deponent might understand how far it concerned him telling him that the Estate would one day be questioned And Sir Philip protested he never knew of this business till his name was put into it and he came to Seal the Writings and that it was to the use of my Lord-Deputy Some Questions arising about the number of Hands to the Order being in all 14. The Manager observed That more have subscribed than those that gave their Vote being a Cause introduced by my Lord of Strafford That all subscribed the Orders as well those against them as those for them and Appealed therein to my Lord of Cork The Course being when an Order is made to bring it to the Table another day and take all the Hands of them present and he added That their Lordships that are Counsellors know that Course to be used here My Lord of Corke being asked to that Point Answered That he knows nothing of it The Lord Primate of Ireland his Examination was offered and was admitted accordingly to be read being taken 30. March 1641. To the fourth Inter. That when the Major part of the Council-Board go one way and the Minor part another way when the Order is drawn up the Minor part Signs it as well as the Major The Lord-Deputy alledging it to be the practise of the Council of England and he himself had done it but before my Lord of Strafford's coming he never knew it to be so Lord Renula being asked to the same Point Answered That he doth not remember that Order to be of force there till of late years and that my Lord of Strafford hath declared to them that it is the practise of England and when the Major part doth subscribe though others be of different Opinions they are involved in it and must subscribe The Lord Savil desired he might be asked Whether he ever knew that when the Major part did Vote against an Order they did subscribe it The Manager answered That that 's their grief and though there be no such Course yet if it concern my Lord of Strafford he will make it a course Lord Renula being asked Whether he were present at the Council-Table when this Vote was given and what he heard concerning the Vote He Answered That he was not there and he heard very little of it that the most he heard of it was since the coming of this Gentleman Mr. Hoy into England and that to his best remembrance he heard Sir William Parsons now Lord Chief Justice say He was informed the Major Vote went against Sir Robert Meredith And so the Manager concluded the Charge as to the Eighth Article saying That here is a Proceeding for a Free-hold contrary to the Fundamental Laws of the Kingdom contrary to the Instructions in the manner and measure as their Lordships had heard My Lord of Strafford after some time given for the re-collecting of his Notes began his Reply in substance as followeth I will with your Lordships noble permission justifie my self against the Charge of High-Treason exhibited against me Having been blamed by the Gentlemen at the Bar for going to matters not pertinent I shall henceforth keep my self to that within the Charge trusting that the things wherewith I am not Charged shall not dwell with your Lordships to my prejudice but that your Lordships will in your Nobleness and Justice reserve to your selves till in its proper place and kind I shall Answer thereunto conceiving that I am to Answer only to Treason not to Misdemeanor The Charge opened is a Decree given by the Deputy and Council of Ireland to the subversion of the Fundamental Laws and to the bringing in of an Arbitrary and Tyrannical Government Whether it be so or no or whether by any manner of Construction it can be brought as an Argument to convince me of High-Treason I conceive I am to Answer Whether the Decree be in it self just or unjust is not the question but
of Strafford to have the Order performed and why should he be so earnest if he had not had some game to play afterwards If the Conveyance had not been to his own use my Lord of Strafford would have provided his Testimony It being proved in whose name it was and both they affirm it to be for the use of my Lord of Strafford Mr. Hoy being asked whether the Counsellor who told him how the Votes passed was my Lord Mountnorris or no He Answered That Sir Iames Erskyn since dead gave him a Note of the Names And that the Lord Arch-Bishop of Dublin told him presently after the Vote went on his Mothers side Mr. Palmer observed That the Lord of Strafford draws an Argument that because there was no complaint of the Order therefore there was no mistake and desired Mr. Hoy might be asked why he made no complaint Mr. Hoy being accordingly asked Answered That he was ready to come for England and to take Ship and that Evening he went to the Master of the Court of Wards to take his leave of him and to acquaint him with his going That Sir Paul Davis being there he and the Master of the Wards desired him to walk into the Study and perswaded him against his going telling him of my Lord Deputies great Power and that he might as well run his head against a Rock as have any Remedy against my Lord Strafford as the times go now and this was very soon after the Decree and as he conceives between it and Christmas following Being asked whether Sir Paul Davis shewed him the Order and whether it was interlined and by whose hand He Answered That he was at the Clerk of the Council to have got a Copy of the Order and saw the Order interlined with a strange hand and asking whose it was Sir Paul told him it was my Lord Deputies Here my Lord of Strafford observed that it is very ordinary for the Clerk of the Council to bring Orders to the Deputy who if he sees cause mends them Sir Dillon being asked whether any that Voted in my Lady Hybbots Case did tell him which way the major part of the Votes in my Lady Hybbots Case went He Answered That a little before his coming out of Ireland speaking of the Charge against my Lord of Strafford and particularly of this Cause one or two of the Privy-Council said publickly The major part of the Council was for my Lady Hybbots To this last part my Lord of Strafford answered with a desire that the Witness might be asked whether Justice Parsons be not Father-in-Law to Mr. Hoy And that this was since his my Lord of Straffords questioning And so the 8th Article was concluded being his Exercise of an Arbitrary Power over the Estates of His Majesties Subjects though they have divers other Instances as in the Case of the Earl of Ely and my Lord of Killdare the prime Earl of that Kingdom THE Ninth Article The Charge THat the said Earl of Strafford the sixtéenth day of February in the Twelfth year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Downe and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to Attach and Arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all Lawful Decrées Sentences and Orders issued imposed or given out against them and them to Commit and kéep in the next Goal until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect MR. Glyn opened the Ninth Article charging my Lord of Strafford with assuming of a Power above Law in granting of a general Warrant to the Bishop of Downe and Conner to attach such persons of the meaner sort as should not appear on their Citation to apprehend their Bodies and bring them before the Council an Act so high that higher could not be unless it extended to Life as my Lord Mountnorris his Case to grant a Warrant at pleasure contrary to Law to apprehend the Bodies of His Majesties Subjects that live under the protection of the Law which if it be made good will be of great might and prove the Charge fully A Copy of the Warrant being produced my Lord of Strafford excepted against it as not to be read by the proceedings of the Court being not the Original To which the Council at the Bar answered That that 's the way to shelter any Crime if none but the Original Warrants in such Cases should be admitted it being no Record that they may repair to it And their Lordships being desired that a Witness might be heard what he can say for the attesting of it after which it will be proper for their Lordships to judge of the Copy Sir Iames Mountgomery Sworn and asked whether he saw the Original Warrant and whether this be a true Copy He Answered He can depose that he hath seen the Original Warrant and read it and that the Bishop of Derry did shew it himself That this Copy he believes both in matter and words to be a true Copy for he hath another Copy agreeing with this and that he knows this Warrant hath been put in Execution many times and he himself hath been charged to assist them that have put it in Execution by virtue of this Warrant Thereupon the Warrant was read being in effect as followeth By the Lord Deputy FOrasmuch as We have been informed by the Right Reverend Father in God the Lord Bishop of Downe and Conner that the most frequent Offences against God and the greatest Contempts against the Ecclesiastical Jurisdiction are Committed by the meaner and poorer sort of People in that Diocess whose faults for the most part escape unpunished by reason the Writ de Excommunicato Capiendo is so long before it can be sued forth and executed on them that they remove to other parts and cannot be found or if they be taken their Poverty is such that they cannot satisfie the Sheriff and other Officers Fees due for taking them on that Writ whereby the Officers become negligent and backward of doing their Duties We therefore desiring the suppression of Sin and Reformation of Manners have thought fit to strengthen the Ecclesiastical Authority of the said Right Reverend Father in God the Lord Bishop of Downe and Conner with our Secular Power and do therefore hereby give Power and Authority to the said Lord Bishop his Chancellor or Chancellors by their several Officers
disproving me he may hurt me That therefore it befits me to do as well as I can for my self in this case yet not to take it amiss from the Gentleman who doth but his duty Finally I conceive it not Treason in me to follow the President and Practice of those which have gone before me which though it be not altogether so Legal yet I hope it is not Treasonable Nor is it Treason to mistake the Law if it should there would be more actions of Treason than Trespass in Westminster-hall for I think few understand it I do not I am sure And so I hope this shall never rise up in Judgment against me in its self or as a concurrent Argument towards Treason Mr. Glyn replied in substance as followeth What my Lord of Strafford is charged with he confesses to be an Authority above Law and that it is not justifiable Yet he would justifie it by the practice of his Predecessors wherein the examination of my Lord Primate offered for Proof thereof aggravates the Offence the Warrant therein mentioned being procured at the Request of the Papists and perhaps it might be so now but the Protestants have been Oppressed by it That was to save the charge of a Capias Excommunicatum which was the Process issued upon Excommunication but by this Warrant they must be taken on the Citation down-right Club-Law having in similitude the Civil Law That his own Secretary that made the Warrant and is as guilty as himself tells of a President according to which he made this Therefore the Copy produced is a true Copy else he says not truth That whereas his Lordship says it is a single Act and as soon as he had notice of the Illegality of it he recalled it and therefore it should not be laid to his Charge Indeed if it were a single Act this Answer might be taken but when in the case of my Lord of Corke his Inheritance was to be determined and desired the benefit of the Law did my Lord of Strafford suffer the course of Law to go on Now when he is pleased to make an excuse for himself he calls it in but when in matter of Life and Inheritance concerning Peers Right is demanded he denies it If this single Act be compared with other Exorbitant Proceedings we refer it to Your Lordships Wisdom and Justice whether it be not a strong Evidence to prove his subverting of the Laws After some discourse touching their proceeding on with the 10th Article for that the same would hold long the day far spent and my Lord Cottington and Sir Arthur Ingram material Witnesses for My Lord of Strafford as he alledged were absent for whose Examination his Lordship desired a Commission Their Lordships Adjourned the House The Ninth day Wednesday March 31. 1641. THE Tenth Article The Charge THat the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandise Exported out and Imported into that Realm to be Farmed to his own use And in the Ninth year of His now Maiesties Reign he having then Interest in the said Customs to advance his own gain and lucre did cause and procure the Native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wool at Chirtéen shillings four pence though the same were really worth but five shillings at the utmost nine shillings by which means the Custom which before was but a Twentieth part of the true value of the Commodity was Enhanced sometimes a Fifth part and sometimes to a Fourth and sometimes to a Third part of the true value to the great Oppression of the Subjects and Decay of Merchandise MR. Maynard proceeded to the 10th Article saying They had shewed what my Lord meant to do what he threatned what he did concerning the Lives of His Majesties Subjects what advantages he found to order their Tongues to cut off their Heads but he rested not there Their Lordships have heard how he Executed one without Law The subsequent Articles were under colour of Law to take away the Subjects Lands to distribute them in a way of Justice and yet they come to his own profit Now the 10th Article charges him that he did procure to Farm to his own use the Customs of Ireland that he inhanced those Customs procured a Book of Rates to be made and Goods valued Treble to the worth of the Commodity instancing in two particulars Wools worth 5 s. the Stone or at most Nine rated up to 13 s. 4 d. and a Hyde valued at 20 s. which was in truth worth but 5 s. That these High values were put upon them to increase the Customs That my Lord of Strafford in his Answer pretends it not to be done for his own benefit but for the advantage of His Majesty and gives some Colours which are left to himself to open and prove That they shall prove the Fact to be done for his own advantage to the great deceit and disadvantage of His Majesty The Case was stated thus His Majesty King Iames did in the 16th year of his Reign Lease to the Duke of Buckingham the Customs of Ireland for 10 years In which Lease there were Exceptions and Agreements of Defalcations as the Custom of Wines which were Leased to my Lord Carlisle at the Rent of 1400 l. per annum to the Crown and on this Lease was reserved 6000 l. a year Rent and half the clear profits above the Rent which half did amount to 3700 l. a year There was a second Lease made to the Dutchess of Buckingham being in the time of 7 Car. who was to have a certain sum out of the Lease but the profit was for my Lord of Strafford and his Partners Mr. Maynard observed the difference of the two Leases and shewed that it was not only a bargain of loss to His Majesty of what he had but also a bargain by way of advancement of that which was not by inhancing the values Which he demonstrated thus The King out of the first Lease to the Duke 6000 l. and 3700 l. that is 9700 l. by the latter Lease 11050 l. so at first view 1350 l. gain besides the Fine pretended to be paid But in lieu thereof the Lease to my Lord of Carlisle was procured to be surrendred upon which the King had 1400 l a year Rent before the Dutchess that is now my Lord of Straffords Lease was Sealed which 1400 l. a year is not reserved in the said latter Lease the surrender being 21 Mar. the Demise 24 Mar. So that 1400 l. a year is swept away by my Lord of Strafford instead of the 1350 l. by way of advance Besides the surplusage of the profit of the Farm of Wines Demised to my
worth 10 or 12000 l. a year Here on my Lord of Strafford's Motion Mr. Cogan was asked Where he now lives He Answered In London To prove the increase of Customs 1636 1637 1638 1639. Iohn Welsh Examined to that Point Answered That he was directed from the Committee to come hither That he went into the Exchequer-Office and took notice of some Books there presented to him by one of the Officers of the House and he Collected these four years 1636 37 38 and 39. and as they came to his hands he put them down 1636. they came to 39936 l. 1637. 38889 l. 1638. 57380 l. 1639. 55582 l. Being asked concerning the value of Hydes Wooll and Tallow He Answered That he knew the values very well being Commodities he deals in daily That he hath bought Hydes for 3 s. some 4 s. some 5 s. and very few exceed these Rates And in their Parts they ordinarily give 50 l. a Last which is 200 Hydes and then they have ordinarily 30 or 40 Hydes on the Last to make them full Hydes For Wooll there is of 3 s. 4 s. 5 s. 8 s. 9 s. and that 's the highest price he ever paid or knew any of his Neighbours to pay he living in Waterford Whence Mr. Maynard observed That a Hyde of 5 s. is rated at 20 s. and 9 s. the uttermost for Wooll rated at 13 s. 4 d. Lord Renula being Interrogated to the value of the Customs 1636 37 38 and 39. He Answered That all he knew of it is this about Christmas last he called on the Remembrancer of the Office of Exchequer that keeps the Books of the Customs he desired a Note of the value of the Customs for three or four years back and the Officer gave him a Note 1636 37 38 39 which Note he hath but forgot to bring it with him this Morning But to the best of his remembrance the value of the Customs for these years is thus 1636. either 38. or 39000 l. and some odd hundreds 1637. 39000 l. and odd 1638. is the greatest year and then it was 57000 l. and 1639. 55000 l. Patrick Allen sworn and examined to the value of Hydes and Wooll in Ireland Answered That he hath bought Hydes at 4 s. 4 s. 6 d. 5 s. and 6 s. the most that ever he knew any pay for Hydes for Wooll there is a course Irish Wooll not worth 4 s. some is worth 6 s. some 7. s. 8 s. but 11 s. is the most that ever he knew paid for Wooll And so Mr. Maynard closed the Article and left it to their Lordships Consideration what the King hath left what profit my Lord of Strafford hath received To which my Lord of Strafford made Defence in substance as followeth I shall under favour proceed to make a just Defence of my self as to this Impeachment of Treason brought against me by the Honourable House of Commons for that is the thing in question and which I shall only Answer unto as being Charged with nothing else I desire I may read the Charge and then your Lordships will see how pertinently the time hath been spent in the proving of it He reads his Charge as to the Tenth Article With humble submission to your Lordships great Judgments I conceive there is nothing in this Charge that can by any Law that ever I heard of be brought to be Treason These Gentlemen have told your Lordships what His Majesty lost by a Contract with the Dutchess of Buckingham which I conceive concerns not in me at all being no Party to it If the Dutchess by her Grant of 24. March 7 Car. had more Priviledge than the Duke of Buckingham had for the 10 years preceding yet by their own shewing here is 20000 l. Fine and an increase of 1350 l. a year Rent so that there was a Consideration for it That these Twelve Commodities were raised and the values inhanced on that Consideration 24. March 7 Car. but the Lease wherein himself was Partner bears Date 21. April after So that the Book of Rates was not raised by me but by them that had care of the business between the King and the Dutchess of Buckingham And this being set by the King's Officers to whom it was proper in the 7th Year of the King it falls very short of what is Charged in the Article that I should do it in the 9th Year of His Majesties Reign If they can shew a Book of Rates raised the 9th it may be said he hath raised the Book for his advantage for then he had a quarter part of the Farm and the King hath â… parts to himself and these things have been tumbled and tossed over and over again and fully answered in another place and I shall be well able to answer it still that the King hath had as great a Service done in this particular as may be in this matter But that is not the question of the day I am Charged with raising a Book of Rates in the 9th Year of the King and if there be any such Book it is more than I ever saw I know of none but that which was setled in my Lord of Portland's time before I had any Interest in the Farm which I think will go far to my clearing in this Point Whether these Rates be indifferently set or no is a business for Merchants and matter of Proof and if it should be Charged on me as a Crime I hope your Lordships will allow me time to examine Witnesses and likewise Council But I conceive it can be no way conducing to me as a Crime and as a Treason I think your Lordships Judgments will clear me and that 's my Answer as to the Book of Rates and I think a clear one For the values your Lordships may be pleased to consider that it may be a loss to the Farmer and consequently to the King who hath five parts of eight But it can be a Crime to no body and I hope your Lordships will give time to prove the point of value Your Lordships may suppose I know not the price of Hides and Wooll and Tallow being out of my Calling but their worth will appear to be such that the Duty is but taken according to the Articles of Tunnage and Poundage that give this Duty to the Crown For Tunnage and Poundage in Ireland is of another kind than in England for here it is given Temporally but it is an Inheritance to the Crown in Ireland being 15 H. 4. given to the King and his Heirs and producing the Book of Rates his Lordship said That nothing is taken but what is justly due by that Book And if Merchants who speak for their own advantage be rested on for the price of things the Customs will be little But this Book of Rates was set by the Lord Treasurer that then was and justly and fairly I think and accordingly Customs have been taken and when it shall be laid to my
off the Leases in being And Urges That they intended the Lease of Tobacco among the rest which appeares not But admit it their Intention was to take off the Fetters and Ingagements from the Kings Revenue that the King might make the best of it not that others should feed on what was His and he in the mean time want Now their Lordships may observe how my Lord of Strafford executes these Intentions he gets a Lease of it but doth not he retain the Kings Revenue being worth 100000 l. a year to himself for 5000 l. if the Witness speaks truth So it falls on his own head and is a plain deceiving of the King There is a Letter which Answer is made to but if their Lordships recall to Memory what the Letter was it was as just as could be to take a course for Preemption of Tobacco no they afterwards enter into Consultation and Advice what should be done And What do they They lay a Restraint that no Man should Import unless they would Sell unto my Lord of Strafford at his Rate and so it is executed to Tyranny over the People There is another thing my Lord Insists on Is the making of a good Bargain Treason But out of the making of this Bargain if their Lordships well consider it They shall find a double Treason to result First Exercising an Arbitrary Power by laying what Tax he will for he may lay 19 Shillings as well as 6d. Secondly His depriving the King of His Estate under Colour of Advancing His Revenue which is to deprive the King of His Government For if one takes away my meanes of Livelihood and defence against an Enemy it is a killing of me round about though it were a more immediate killing of me to run me through If he take away the Kings Livelihood and Just Revenue whereby He is enabled to Govern and Protect His People Is it not to take away the Government out of His Hand And one word Mr. Glyn desired to add from something that fell from my Lord of Strafford by way of Prevention concerning the Parliament of Ireland We live under one King and one Government and no doubt ought to be sensible of one anothers Honour the Parliament of England and the Parliament of Ireland Here is an Article against my Lord of Strafford for endeavouring to put Him out of Opinion of Parliaments In this Assembly where the Commons and Peers are Assembled he hath endeavoured to blast a Parliament In the next Kingdom he talkes of a Tyrannical Government an Arbitrary Power these were his Words in effect Is not this as much as in his Power to cast a Blast and Ill Affection in any Man that hears him on the Parliament of Ireland And he that will do it in the presence of a Parliament in England What will he do of a Parliament of this Kingdom in the absence of a Parliament and when there is no Parliament Sitting And so Concluded the Twelfth Article and the House was ADJOURNED THE Thirteenth Article The Charge 13. THat Flax being one of the principal and Native Commodities of that Kingdom of Ireland the said Earl having gotten Great Quantities thereof into his Hands and growing on his own Lands did Issue out several Proclamations viz. The one Dated the One and Thirtieth of May in the Twelfth of His Majesties Reign and the other Dated the One and Thirtieth day of January in the same Year Thereby prescribing and enjoyning the Working of Flax into Yarn and Thread and the ordering of the same in such wayes wherein the Natives of that Kingdom were unpractised and unskilful Which Proclamations so Issued were by his Commands and Warrants to His Majesties Justices of Peace and other Officers and by other Rigorous Meanes put in Execution and the Flax Wrought or ordered in other manner then as the said Proclamation prescribed was Seized and employed to the Use of him and his Agents and thereby the said Earl endeavoured to gain and did gain in effect the Sole Sale of that Native Commodity April 1. 1641. THe Thirteenth Article was this Day Read and Opened by Mr. Maynard concerning Flax one of the Native Commodities of the Kingdom which my Lord of Strafford by several Proclamations enjoyned the Natives to work into Yarn in a way wherein they were Unskilful and Prohibited the Buying of any Yarn of this Flax otherwise made and upon this occasion much was Seized So that by the Complaints of the Commons it appears that Thousands were Undone their Goods being taken away and Converted to my Lords Use. For Proofe The Second Proclamation of Deputy and Counsel was Read wherein the first is Recited Importing in effect That by reason of the multiplicity of ends in Yarne there is much confusion That for remedy a Proclamation Issued the last of May last which hath taken good effect and in regard some ill-disposed persons have nevertheless contracted for Yarn at cheap and low rates though not made according to the first Proclamation That therefore the said first Proclamation be strictly observed and that none presume to buy any Linnen-Yarn but shall be Reeled on one end and no more c. That if any person shall after the first of April next offend contrary to this Proclamation he shall be proceeded against at the Council Board or Castle Chamber Some are appointed to enquire of Contempts to whom Recompence is promised Given c. 31 Ian. 12 Car. 1638. The Natives not being able to apply themselves to his Commands a Warrant went to Seize the Goods made or brought contrary to this Proclamation so that People forbore the Markets durst not sell none openly and so could not pay their Rents The Warrant was produced under my Lord of Straffords Hand and Seale which his Lordship affirmed being in effect By the Lord Deputy Wentworth TO all Iustices of the Peace c. Whereas Benjamin Croky is Authorized to inform himself and advertise the State of Abuses and Contempts committed and done against a Proclamation made for Reformation of the Abuse of Spinsters of Linnen Yarn and to stay all Yarn made contrary c. till Our pleasure be further known And whereas he now informs us he cannot discharge that Trust in regard diverse persons do privily in their own Houses and not in open Markets make Sale of their Yarn and though he hath desired Assistance of Publick Magistrates yet they have failed to afford him the same in that measure that is fitting In consideration whereof our pleasure is and we do hereby require and authorize you to be aiding and assisting to Benjamin Croky and his Deputy To seize on and take all Yarn which shall be found to be made contrary to the said Proclamation and to cause diligent search to be made in all Houses c. where you shall be informed any such Remaines lie hidden and the same to seize and bring to Dublin to be disposed of as We shall direct the Party delivering it taking Crokies hand
nor Horse to lye on Horseback or Foot to lye on the Kings people but on their own cost without consent And if any so do he shall be adjudged as a Traitor Mr. Palmer concluded that this hath been done and how their Lordships have heard that this hath been done by Soldiers that profess hostility brought from Garrisons the places of War in great numbers and indeed the number left indefinitely to the discretion of the Sergeant at Arms in Warlike furniture which is literally true in the case And so he concluded the Article expecting my Lord of Strafford's Defence My Lord of Strafford desired their Lordships would be pleased to give him liberty to look over his Notes and he doubted not but to give their Lordships a very clear satisfaction by the help of Almighty God After a little respite his Lordship began his Defence in substance as followeth And First He desired their Lordships would please to remember that if he proved not all things so clearly and fully the reason was obvious and plain the shortness of his time the Witnesses being to be fetched out of Ireland and he having none but such as come accidentally That the other day he read to their Lordships out of Sir Edward Cook 's Book that the Customs of Ireland are in many things different from the Customs of England That for the things done in Ireland he conceived he was to be judged by the Laws and Customs of Ireland and not by the Laws and Customs of this Kingdom and that his Commission was to execue the place of Deputy according to the Laws and Customs of that Kingdom That what hath been opened to their Lordships to be so extraordinary he must justifie as very ordinary frequent and usually exercised by the Customs of that Kingdom That in all times the Army of Ireland and the Officers and Soldiers of it have been the chief hands in executing all the Justice of the Kingdom and of bringing that due obedience to the Kings authority that 's necessary and fit and due That if they had not been so used he thinks those who know the State of Ireland will acknowledge the King's Writs had never run in Ireland they being all executed by their Power and Assistance First his Lordship undertook to make it appear that in case of bringing in Rebels and Offendors of that nature and forcing them to come in it had been the ordinary practice of the Deputy and Council before his time to Assess Soldiers not only on the party but the kindred of the partys till the party be brought in and yet it is no levying of War for all that And because his Lordship heard much speaking of Rebels and Traitors he desired to represent to their Lordships what they be viz. a company of petit loose fellows that would be here apprehended by a Constable Lord Robert Dillon was called for and my Lord of Strafford desired he might be asked whether it had not been the practice of the Deputy and Council to Assess Soldiers not only on the persons but the Septs and whole kindred of Rebels Here Mr. Palmer interposed that for saving of time if my Lord makes this the Case that Soldiers have been laid upon the Septs of Traitors or Rebels that lye out in Woods and esloigne themselves from the Kings protection whom they call Kernes Outlaws and Rebels they the Committee will admit the usage though it will not justifie the Case being expresly against Law for by a Stat. 22 Eliz. If any lye out as Traitors or Rebels five of the Sept that bears the Surname shall be Fined at the Council-Chamber but not have Soldiers laid on them and against a Statute there can be no Usuage To which my Lord of Strafford answered And these are but ordinary fellows And he desired their Lordships would clearly understand what is meant by Rebels for every petty fellow stealing Sheep and the like if the party be out in action they commonly term such Rebels Robert Lord Dillon being asked whether ordinary fellows in Ireland passed not under the name of Rebels His Lordship Answered That touching this point he hath observed that when a party hath committed some Felony or unjustifiable Act and withdraws himself into the Woods a Proclamation is made for his coming in by such a time to render himselfamenable to the Law and if he then comes not in but keeps out in commmon reputation he is accounted a Traitor or Rebel Sir Arthur Tyrringham being asked whether of his knowledge the Deputies and Council have not frequently Sessed Soldiers on Offenders and Rebels when they could not be brought forth to Justice and what is understood by a Rebel in Ireland He Answered That it hath been the ordinary practice ever since he knew that Kingdom since my Lord of Faulklands being Deputy there and hath been ever practised there both by him and the Justices that came after him That ordinary fellows be commonly reputed Rebels with this observation It is true That every man is not a Rebel at his first going out though he be called so but the course is first to proclaim them and if they be not ameneable to Law they be Rebels and so they may be for Felonies of a very small value To prove that most of the Kings Rents as well Exchequer Rents as Composition Rents have been levied by Soldiers in all the times of my Lord of Cork My Lord of Strafford desired Iohn Conley might be called for who being examined how long since he hath been in Ireland and whether in his time the Rents were not col lected by the Soldiers and Officers of the Army He Answered to the First 15 years To the Second That he remembers it very well that in my Lord Faulklands time it was an ordinary course where the Kings Rents were due to send some Horse and Horsemen and takeup these Rents and lye on them till they were collected and taken up So in my Lord Grandisons time and in all Chichesters time and this is all he cansay Henry Dillon was called And First my Lord of Strafford desired liberty to defend the credit of his Witness as to some exceptions taken to him the other day and offered the occasion of the Order of Council-Board made against him to be only this That he said he heard some such thing said and thereupon was commanded to make an acknowledgement and to this he was invited and perswaded by my Lord Dillon for quietness sake rather than he should be troubled about so small a matter and that being granted he supposed the Gentleman stood upright and was a competent Witness in this or any other cause To which some of the Committee for the Commons answered That they except not against the hearing of him but offer to their Lordships memory his acknowledgement that he spake falsly as a weakening of his memory And then Henry Dillon being asked Whether he knew
should not extend to a Subject This is to take a power above Law and make himself equal to Sovereignty to say that he should not be comprehended more than the King himself He says he did not lead the Soldiers but only gave a Warrant and therefore this should not be Treason but though he leads them not the Commander is an Actor and to give Warrant for Treason is Treason He says this is a Statute-Law in Ireland and not examinable before their Lordships here Mr. Palmer alledged that he would do my Lord right that he submitted to their Lordships Judgements and craved leave to give answer to that point and said The Laws of Ireland are devised from the Crown of England the King being seized of it in the right of his Crown of England and as a parcel of this Crown The power they have to make Laws there is derivative from the Crown of England and they did thankfully accept them from the first Conqueror Since that they had power to make Acts of Parliament but that is subordinate the Laws there are the Laws of England applyed to that place As any particular custom of a place not the general Law of the Land is the Law of that place by a general custom and yet may be judged out of the precincts of that custom so the Laws of Ireland are the Laws of that Kingdom yet may be judged by this Supream Court out of the limits of Ireland Though in an inferior Court when a thing questioned in Ireland is brought by Writ of Error they judge according to the Laws of Ireland not of England And my Lord hath prayed and werequire that he may be judged according to the Laws of Ireland So this Law of 18 H. 6. may be judged by their Lordships though it be a Law in Ireland But my Lord urges that this Law is repealed and for that he gave reasons on many Acts of Parliament First a Statute made 8 Edw. 4. That is made to a particular purpose reciting one particular Statute and repealing that and then by a general clause ratifying and introducing all the Statutes of England into Ireland This being but on a particular occasion with such a general Clause will not be applyable however it will be the Answer to that that follows It is a general Clause to introduce the Laws of England and shall not have that reflexion to repeal any Law of force in Ireland This introducing of our Laws thither shall not work to repeal their Laws but make a consistance of both Laws so far as they may stand together On that Mr. Palmer said he would not enlarge himself it being not matter of Fact and it was not expected that matter of Law would have been insisted on and therefore he leaves it to those that shall hereafter give their Lordships satisfaction in point of Law That which my Lord called a Judgement in Parliament 11 Eliz. recites that it was in time of desolation of Justice That the Captains had brought oppressions on the people It was in a time when though the Irish had been victi long before yet they were not brought perfectly under subjection of the Laws of England there then remained Rebellions and Tumults It was in time of Hostility and War And that Statute gives but an Implication neither that Captains should not Assess without the Deputies Warrant And it follows not that therefore he hath authority to do it But howsoever the thing be this was for defence of the people to make resistance against Rebels But the thing in charge was in time of peace and full government of the Law and so that Statute will give no justification at all My Lord of Strafford concluded that there was no Treasonable Intent in this and therefore it should be no Treason on the Statute of the 25 Edw. 3. My Lord recited the words of the Statute Not to be only the levying of the War but adhering to the Kings enemies but these glosses are not to be confounded but severed The adhering to the Kings enemies is one offence within that Statute Levying of War another so that if there be no Adherence yet if there be Levying of War it will be Treason And this levying of War it was on the Kings People perhaps there was no intent upon the Kings Sacred Person yet if it be against the Kings People such a levying of War is Treason ordinary Cases of Felony are to be against the Kings Crown and Dignity though it be the Homicide of a mean Subject it is against the Kings Crown and Dignity because it is against the protection and safety of that man that is the Kings Subject and so the levying of War on the Kings People by laying Soldiers in this hostile manner being against the protection by which they are governed against the safety by which the King is to defend them It is a War against the King his Crown and Dignity This is the Answer to the Defence And Mr. Palmer concluded That he conceived the Charge of the House of Commons in matter of Fact was fully maintained and for matter of Law if there remained any scruple a farther Argument and stronger Reasons should be offered hereafter And so a Recess being granted for a day upon the Humble Request of my Lord of Strafford the House was Adjourned and Saturday following was appointed for the next meeting THE Sixteenth Article The Charge 16. THat the Earl of Strafford the Two and twentieth of February in the 7 th year of His Majesties Reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from His Majesty an allowance thereof that no complaint of injustice or oppreision done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such usurped Tyrannical and exorbitant power expressed in the former Articles destroyed and oppressed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said power And to prevent the Subjects of that Realm of all means of complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the 17 th day of September in the Eleventh year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties service or attending in England by His special command to make their personal Residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of
the said Realm are restrained from seeking relief against the oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous ways as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over onely to complain of the exorbitances and oppressions of the said Earl April 3. 1641. Mr. Palmer Proceeded in further Maintenance of the Charge of High-Treason by the Commons of England against the Earl of Strafford and said They were now entring upon the Sixteenth Article of his IMPEACHMENT and shewed THat from the Former Articles had been represented several and divers sorts of Crimes and how that in every of them their Lordships might perceive a Power assumed by my Lord of Strafford above and contrary to the Laws and destructive to them in every part so far as concerned the Subject Matter and how these Multiplications of Acts did presuppose an Habit and evidently proved that main Charge wherewith he was Accused viz. His endeavouring the Subversion of the Established Laws and Government and to introduce an Arbitrary and Tyrannical Power And that by this Article it would appear unto their Lordships that those Exorbitances that were done in Ireland were prepensed and intended before his going thither That those Oppressions were so by him done and that he might Countenance it the Article Charges him that on the 22 th of February in the 7 th year of the King he procured from his Majesties own allowance that no Complaint of Injustice or Oppression should be received in England unless the Party made first his Address himself to the Deputy and this was obtained on his repairing to that Government And this was to be observed by the Secretaries here the Masters of Request and all others by whom Complaints might have passage to His Majesty and it remained as a Caution that none should be admitted It is true many specious Reasons and Arguments were subscribed to this Proposition but the effect of them was to take the Reines of Rule into his own hands to prevent the immediate access and approach of the Subjects to His Majesty in their seeking of redress for their Grievances And in the 11 th year of the King after some time spent there to prevent them of all meanes of Redress their Complaints being before Imbargued that they could not be received no person at all must come over without License There must not be a Rumour of what was done in Ireland but such as he should so Authorize To that end by colour of some Laws in Ireland concerning them that were to maintain their Lands against the Irish in times of Hostility and Rebellion and under colour of some Instruction for their keeping their Residence on their Lands as also of a Letter to that purpose from His Majesty he is Charged that on the 17 th of Sept. 11 Car. he issued a Proclamation and that Commands the Nobility Undertakers and others that held Estates in Ireland to reside there and not to depart without his Licence and so restrained them from seeking Relief against his Oppressions without his Licence To them that desired Licenses he deny'd them On them that adventur'd to repair hither without Licence he imposed Fines and Imprisonments for transgressing that Proclamation and howsoever this may be Coloured with Pretences of Instructions and Letters from His Majesty it is an Usurpation on Regality and an undermining of the Protection of His Majesty over His People For Proof thereof Iohn Loftus being Sworn Attested That the Copy of the Propositions made by my Lord of Strafford was taken out of the Clerk of the Councils Office and was a true Copy The said Propositions were Read At VVhitehall 22 th of Feb. 1631. Propositions to be considered of by His Majesty concerning the Government of Ireland These Propositions were entered according to His Majesties pleasure signified by Mr. Secretary Cooke These Propositions made to His Majesty by the Lord Wentworth Lord Deputy of Ireland and Lord President of the North were Read and Approved of at the Council Board 17 th Feb. 1631. There being Present c. THat no particular Complaint of Iustice or Oppression be admitted here against any unless it appear the Party made first his Address to the Deputy This is but Iustice to the Deputy who must needs in some measure be a Delinquent Whence Mr. Palmer Inferred It did appear that this was to be Entered and remain with the Secretaries Masters of Requests and all others whom it might concern The next thing is the Proclamation in effect as followeth 17 th of Sept. 11 Car By the Lord Deputy and Council A Proclamation That Noblemen Undertakers and others shall be Resident here After the Preamble it Imports WE therefore in Obedience to His Majesties Royal Command signified by the said Letter Do Publish Declare and make known His Princely Pleasure That all the Nobility Undertakers and others that hold Estates and Offices in the Kingdom such only excepted as are imployed in His Service in England do hereafter make their Personal Residences here And not depart to England or other place without Licence of us the Lord Deputy any former Letter to the contrary notwithstanding And in case we the Lord Deputy shall have notice of their Contempt of His Majesties Will We shall proceed against them in an Exemplary way to deter others Therefore we straightly Command all manner of persons to take notice of this Proclamation Mr. Palmer observed That by the Propositions all Complaints are prevented by the Proclamation all persons are restrayned from coming over without the Lord Deputies Licence And that in pursuance hereof several persons that have required Licences have been refused That many of their occasions to come over were Complaints against the Deputy himself That such use hath been made of this Act that the Committee of the House of Parliament there were restrained from coming over on pretence of this Prohibition Witnesses were produced And first Richard Wade being Sworn was Interrogated Whether my Lord of Esmond did not require Licence to come into England and if it was deny'd him And Whether he had not a Suit depending with my Lord of Strafford and he would not let him come over till Publication passed whereby he was prevented of examining his Witnesses He Answered That in August 1638 my Lord of Esmond sent him with a Petition to my Lord Deputy for Licence to go to make an end of the Cause wherein my Lord Lieutenant was Plaintiff That he delivered the Petition to my Lord Lieutenant himself and waited on him every day for his Answer that he could not get Licence on that Petition That after this in Michaelmas-Term 1638 as he takes it my Lord of Esmond procured the Kings Letter This Letter he delivered to my Lord Deputy by direction of my Lord of Esmond but in this could not get Licence So that he was deteined from Aug. 1638
turned over to Mr. Ralton my Lords Agent and must give Bond to repair and make his appearance in Ireland Before that Bond was discharged he did return and after his return he Petitioned to be Discharged of this Bond he conceiving he might come over without Licence having no Estate nor Office in Ireland yet notwithstanding he was Sentenced Fined and Imprisoned It is true the Cause expressed in the Sentence is Because he went away not being Examined and the Sentence expresses That he is not Fined for coming without Licence but because he came away without being Examined Henry Parry Sworn was Interrogated Whether the Copy showed unto him was a true Copy of Secretary Cooks Warrant He Answered That he examined it with the Original The Warrant was Read THese are in His Majesties Name to will and Command you to make your present repair to any place where you shall understand of the of Henry Parry Gent. lately come out of Ireland without Licence and by Vertue hereof to take him into Custody and keep him safe till you hear from me Greenwich 20 June 1633. To Thomas Welch Messenger of the Kings Chamber Henry Parry being Interrogated What were the Proceedings with him about his Examinations in Ireland before his coming over And What was the whole Process of the business He Answered That 21 April 1638 my Lord of Ely then Lord Chancellor his Lord and Master was Committed to the Castle of Dublin and no sooner Committed but he the Deponent was sent for to the Council Board and an Oath Administred to him by the Clerk of the Council on my Lord of Straffords direction That thereupon his Lordship Interrogated him Where the Great Seal was He answered his Lordship That he knew not where it was unless it was with my Lord of Ely And after his Lordship had Examined him to that he Commanded him to attend the Iudges the next day to be Examined on some Papers of his the Deponents which his Lordship had seized and brought to the Council 〈◊〉 and thereupon he was dismissed at night That Monday next this being Saturday he attended the Iudges alone to be Examined and attended not only that day but five dayes more from thence to Saturday That on Saturday my Lord of Ely told him He had occasion to send him over into England and desired him to go That he did come away with some Letters from his Lordship to some of his Lordships Friends here And as soon as he came here with Instructions from his Lordship the Instructions were given to his Lordships Friends to Sollicite His Sacred Majesty for his Relief and Enlargement out of Prison and he continued a matter of two Months or thereabouts and on that one Thomas Welsh by Vertue of Secretary Cookes Warrant attached him and kept him in Restraint about three weeks At the end of three weeks he was sent for to Mr. Ralton who told him It was Secretary Cookes pleasure he should enter into Bond to go into Ireland else he should be sent by a Messenger That he the Deponent Answered He could not pay a Messenger but if he could not get leave to stay he would enter into Bond to go to Ireland That Mr. Ralton took a Bond to appear the 10 th or 12 th of August following this being in Iuly 1638. That he came into Ireland according to the Tenor of his Bond. That my Lord of Strafford being to go into the Country he presented himself before his Lordship in the Gallery at the Castle and acquainted his Lordship that he was there to attend his Lordship according to the Tenor of the Bond. His Lordship Asked him Who took his Bond he acquainted his Lordship That it was his Agent Mr. Ralton His Lordship Asked What Warrant had Mr. Ralton to take Bond of you He the Deponent acquainted his Lordship He did not know any Warrant he had but he said He had direction from Secretary Cook My Lord Asked further Where he took the Bond if at the Signet-Office No said he the Deponent It was at his own house My Lord Answered That he the Deponent might do well to attend at the next sitting of the Council-Board And that he the Deponent going away his Lordship called him back and said Methinks Mr. Parry you are much Sun-burned the weather is very hot in England He the Deponent Answered again The weather is very fair His Lordship Interrogated him Where my Lady Moore was and How she did He the Deponent acquainted his Lordship She was in England Here my Lord of Strafford interrupted him Asking If this was to the Business but having direction to go on He Added That my Lord Asked him Why he did not stay abroad to help my Lady Moore to spread abroad her Malice against him my Lord of Strafford to which he the Deponent said He could say nothing and so was dismissed That afterwards he attended with a Petition of my Lord of Ely's and that my Lord Asked him Where his Petition was He said He had not any but presented his Person His Lordship told him That it was Councel-Board-day for Petitions and wished him to come some other time yet after was called back and had an Answer to the Petition That the Tuesday following as he takes it he appeared before his Lordship again without any Petition not knowing any cause he had to Petition That the next day after he Petition'd and on Reading his Petition the Constable of the Castle was called and thereupon he the Deponent was Committed and Censured as he was told the next day 500 l. That his Lordship Declared the Order of the Board That he the Deponent was Fined 500 l. Bound to his Good Behaviour Committed to the Castle of Dublin and to Acknowledge his Offence at the Board and to Mr. Ralton and there he continued in Prison and was utterly Ruined Being Asked Whether he was heard to Answer in the Cause or Whether he was Examined after his Return He Answered That he never put in Answer in Writing nor was there any Petition against him but only his own Petition nor further Required to be Examined from that day to this Being Asked How much of his Fine he paid He Answered That before he could see his Order he was fain to pay Sir Paul Davis 45 l. and when he saw his Order for reducing it for it was reduced from 500 l. to 250 l. of which he paid 184 l. Mr. Palmer proceeded observing That the next thing was a Refusal of the whole Kingdom to Present their Complaints It is true said he it was not by my Lord of Strafford himself but it ensued on these Acts and Proclamations and that was hindering the Committee of the Parliament that were to come over to make a Remonstrance of their Grievances to His Majesty Sir Robert Smith being Sworn and Interrogated Whether he was imployed by the House of Commons to come over hither and Whether he was deny'd Licence He Answered
That we were sent for by my Lord Deputy Wainsford and he put us as we conceived them several catching Questions as If they had not my Lord Deputies Licence and the Boards Whether they would repair to England or no We Answered That in obedience to the House of Commons we did intend to repair to England No sayes my Lord Deputy Answer me Catagorically Would you go or no If we would Command you not to go to this we Answered No being between two Jurisdictions both from His Majesty for we had a Command from the House of Commons and a Counter-Command from His Majesty and we were denied Licence and a restraint of Ships for that cause they conceived to restrain them Being asked whether the Deputy did know the House of Commons had ordered them to come over and yet refused He answered the Lord Deputy did know it it was apparently known to all the Kingdom Mr. Fitz-gerard being examined to the same points as Sir Robert Linch He Answered That after the the Session of Parliament 1 Octob. last and the House of Commons had travelled till the 6 Nov. in the affairs of the Kingdom the grand Committee had heard and discussed many grievances general and particular and voted them to the House That about the beginning of Nov. the House entred into consideration of those grievances and drew up a Petition of Remonstrances to be presented to the Lord Deputy which was voted in the House of Commons 7 Nov. 9 Nov. the whole House attended with the Speaker and the Speaker read it publiquely before him The grievances were of that nature that they did Humbly and of Right as he remembers petition for redress of those grievances that the House conceiving the Parliament would be Prorogued or Dissolved before Redress was given they entred into consideration of a course to present it to His Majesty And 11 Nov. made an Order that the Committee should be appointed to repair to England with a Caution That if Redress should not be had before Dissolution or Prorogation of the Parliament that Committee should not proceed 12 Nov. it was Prorogued without Redress that the next day after Prorogation the Committee was summoned to attend at the Board and there was interrogated severally on a question as far as he can remember viz. Of their intention to go into England whether they would aske leave to go into England and admitting my Lord Deputy should command them not to goe till His Majesties pleasure was known whether they would go To all they were severally to answer and Catagorically this was my Lord Deputies word after Answer given they were ordered to withdraw and being called in again it was made known by the Lord Deputy Wainsford That he and the Lords had considered the whole matter and bade them take notice there was a Proclamation restraining all the Subjects of Ireland to make repair to England till application was made to the Deputy That he engaged them in Allegiance not to depart till he the Lord Deputy had known His Majesties pleasure whether they should goe or no which he would labour to know speedily The next thing Mr. Palmer offered was the Irish Remonstrance which was read To the Right Honourable the Lord Deputy The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament THe Petitioners do conceive great and strong fears of a Proclamation published in this Kingdom Anno 1635. Prohibiting men of Quality or Estate to depart this Kingdom without the Lord Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to His said Majesty and Privy Council of England to obtain remedies against their just grievances as their Ancestors have had since the Reign of H. 2. and great Fees exacted for the said Licences And so Mr. Palmer summed up the Evidence That by the Proposition made before my Lord Deputies going over it appeared what was intended That no complaints of oppression should be made without address First to the Deputy and what followed declares plainly the execution of it That notwithstanding the injustice and oppression done complaints could not be received By the former Article their Lordships have heard what he did there and the great causes of complaint After in time is the Proclamation their Lordships see the use made of it that those who had made complaints against my Lord himself and his Orders were refused to have Licence some that adventured to come without Licence were Fined and Imprisoned to their utter ruine The whole Parliament when the Order was well known were refused to have Licence it is true not by my Lord of Strafford but the Deputy who coloured his denial from these Acts of my Lord of Strafford what fears they had their Lordships may apprehend by the Remonstrance My Lord of Strafford assumed a great power to himself all Addresses being first made to him and the Subject thereby excluded from His Majesty till such address was made so that his Lordship is not Par negotio but Supra above all the authority committed to him not an Accessary but Principal not in the nature of a Subject but Domini and so he expected his Lordships Answer My Lord of Strafford after a little time of recollecting himself began his Defence in substance as followeth That he should only apply himself to the things in charge as near as he could and give the fairest Answer he could where by the way he alledged That he might very justifiably say he had never in his life other thoughts or intentions before his going into Ireland or during his abode there but justly and faithfully in the service of His Majesty and the Kingdom nor did he ever desire or intend any thing so much as to introduce the English Laws and Government there And whereas he is charged with a subversion of the fundamental Laws he may say he thinks with Truth and Modesty that the Laws had never so free a passage that never any Deputy gave less interruption to the proceedings of the Law than it had during all his time That it did not appear by all that hath been said that there was any stay of legal proceedings for all the Causes spoken of him came originally and primarily before they depended in any other Court and that he never hindred but gave all furtherance to the passage of the Common-Law and therefore if their Lordships find as they cannot but expect from him much Error and mistakes he besought them out of their Goodness and Nobleness to apply it rather to his Infirmity and Weakness than to any habit of ill he had got as he trusts he should make appear to their Lordships The Charge is to have procured with an intent of oppression a stop of all complaints of Injustice that none might be received in England unless it appeared That the party did make his address to him To prove this the Gentlemen have read a Proposition of his made
he would prosecute to the Blood That the Scotch Nation were Rebels and Traitors and that if His Majesty should please to send him back to the Government of Ireland he being then to come into England he would root out the Scotish Nation root and Branch And further did declare That this Oath thus enjoyned did bind to the Ceremonies of the Church not only those that were establish'd but such as were to be established so that the Oath had some affinity with the Oath in this Kingdom not long since Sir Iames Mountgomery being Interrogated what he knew concerning the contriving and imposing of the said Oath He Answered That he was very unwilling to give any Testimony in this particular because he knows there is a Petition for this Oath to which Petition his hand is among others and therefore some perchance who doe not know the passage of the business may think there was a discordance and a disagreement between the Instrument under his hand and the Testimony he must give being put to it upon Oath but he hopes there shall none appear when he hath spoken That in April as he remembers 1639. My Lord-Lieutenant then Lord-Deputy did write down Letters to the most part of all the Noblemen and Gentlemen of the Scotish Nation dwelling in Ireland in the Province of Ulster especially amongst whom the Deponent received one Letter himself and he was required by that Letter as the rest whose Letters were to one effect to repair to Dublin 27 April as he remembers that his Lordship might confer with them about some affairs that did concern His Majesties special service and therefore they were required not to fail to be there that day That thither they came and being come my Lord Viscount Mountgomery being not well in his health having got a cold in his journey the said Lord Viscount sent to excuse himself to my Lord Deputy that he was not able to come abroad for a day or two and my Lord Deputy sent him word he would come to his Lodging and gave warning to the rest of the Gent. to meet his Lordship there the next day at two of the clock that there they did all come and there were the Bishops of Down and Raffo and some others of the Clergy And being met my Lord Deputy came thither and told them he was there as their friend to acquaint them with some things that did much concern them and to give them his advice He did then tell them of great disorders in Scotland of great jealousies raised against them and that they who were present might possibly be favourers or furtherers of those distempers but he added that he hoped better of them however that it behoved them to do something to vindicate themselves from this aspersion and that they should offer it freely of themselves and not stay till it were imposed by Authority That he did insist further in his Speech and insinuated to them what was expected they should do and that they should be suitors for it That an Oath was expected according to the example of Scotland as they had there joyned in a Covenant To this purpose he did deliver himself That when his Lordship had ended the Bishops of Raffo and Down one seconding the other gave his Lordship thanks for his Lordships favour to them and told his Lordship that as those in Scotland had joyned together and conspired by an unlawful Oath so they here would joyn in a lawful oath in opposition to that and would petition for it to his Lordship It was seconded by the Bishop of Down and some others of the Clergy there little being spoken by others That the Bishop of Down desired he might draw it but the Lord-Deputy put it on the Bishop of Raffo That some of them thought it a little too hasty and when my Lord was risen up he the Deponent took on him to speak to his Lordship and told him the things spoken of there were not charged against the Nation but against the Covenanters in Scotland and did not concern themselves and therefore thought under favour that it should not be amiss to think what they should doe before they appointed a man to draw a Petition or to this effect That his Lordship was pleased to turn towards him something in choler and to tell him Sir Iames Mountgomery you may go home and petition or not petition if you will but if you do not or who doth not or to this effect shall do worse That they seeing his Lordship had resolved it should be so there was no more said The Bishop of Raffo went with the Petition in his hand to some of them being desirous to see it to contribute their advice to them and somewhat suspecting this Train of the Gentry that night again the said Bishop met with my Lord Mountgomery Sir William Stuart Sir Iames Craig and himself the Deputy and brought two draughts of Petitions the one indeed was down right railing the other not very mild he thinks howsoever they did desire to have qualified it something in words but the Bishop told them it was already so cold he was ashamed of it and could not engross it till he had shewed it my Lord Deputy to know whether he would accept of it The next morning some of them saw it with him and took exception at some bitter words that were in it and the Bishop said it was not to be disputed for my Lord Deputy had seen it and it was done with his good liking After that it was engrossed they met to have Signed it and some took exceptions that there was too great a latitude in it and desired it might be entred That they should be in the case with other His Majesties Subjects but the Bishop said he could alter nothing without my Lord-Lieutenants knowledge and he would go to my Lord with it and to my Lord Mountgomery They intreated to go along with him and my Lord was willing these words should be added That it should be in equal manner and measure with other His Majesties Subjects so the Petition was ingrossed and signed and was afterwards delivered to his Lordship That then my Lord Deputy desired them to appoint five or six of their number to wait on his Lordship and some of the Council the next morning to confer concerning the Oath and they made choice of six the Lord Mountgomery Stuart and these two Bishops Sir William Stuart and himself the Deponent when they came his Lordship caused the Clerk of the Council to read the Oath that was to be Administred and some other debates they had some offered some motions to his Lordship for some words by way of explanation as that they should not protest against any of His Majesties Royal Commands and it was desired it might be explained By just Commands or Commands according to Law My Lord did then tell them they were not to expect any other Commands from His Majesty the Oath was for no
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
had been Judges and Mr. Wainsford the Master of the Rolls took occasion to speak to my Lord Deputy in his the said Sir Philips hearing and commended him for carrying himself with that caution that he had no way reflected on the Nation but the Faction in that Kingdom and had shunned the words which might reflect on the Nation And so his Lordship concluded his Defence and said he hoped that there was nothing proved that should touch him so deeply as Treason for if the obeying of the Commands of this Case be so great a crime he must confess if it were to do again being not better informed by wiser men tho hereafter he may be better informed and prevent it he should be that Trairor over again and do the self-same thing again and therefore if he had done it out of ignorance he hopes their Lordships will not look on him as having any evil intention or wicked purpose but to serve His Majesty with faithfulness which he hopes will procure an easier judgement from their Lordships than to think of a High Treason in this Article And then Mr. Whitlock made Reply thereunto in substance as followeth That in his Answer to my Lord of Strafford's Defence he shall begin with that which his Lordship was pleased to mention last and also at the beginning That this should not be accounted Treason he knows not the Illegality of it and if it were to be done again he would do it on that Command Whence Mr. Whitlock observed that his slighting or rather justifying of this offence when he is told in this great Presence that it is against Law and will be made good and appear to be against Law is a great aggravation of the offence It is well known that a new Oath cannot be Imposed without Assent in Parliament It is legistativa potestas The Oath of Allegiance is as antient as our allegiance and nothing needed to have been added to that and had it been tendered to them as it might have been by Law this would have performed the Kings Command which under favour went no farther and would have been sufficient security of what was doubted and feared But my Lord of Strafford will go farther the Oath that the Law enjoyns doth not please him he must have a new one framed by himself and published by his Authority thereby to make his Authority equal to an Act of Parliament 'T is indeed believed there were some apprehensions of dangers in Ireland by the great number of the Scots there and a Covenant in Scotland then Sworn but that Covenant is not to be medled withal now The Charge enforced against my Lord of Strafford is not his Care of preventing danger to the Kingdom but that he caused a new and unusual Oath to be Imposed and particularly that they should submit to all the Kings Royal Commands The Committee confess and think no man had ever yet a heart to doubt That the King would command any thing that should be against Law But it hath been sufficiently proved that my Lord of Strafford a Subordinate Minister under the King hath published his own Commands in the Kings Name which are not Justificable nor according to Law And that under favour might be a good cause for the Scots to be tender of taking his Oath knowing that these Commands here were not His Majesties Immediate Commands but the Commands of my Lord of Strafford which they saw many times so unlawful and exorbitant My Lord of Strafford hath produced diverse Witnesses to prove It was Debated on at Council-Board And that the Scots did chearfully take the Oath but in this he hath laboured to disprove his own Answer which is That the Scots came up and desired to have an Oath whereas it appears the Council-Table thought fit to send for them by Letters under his Lordships hand and it was propounded to them to take such an Oath He sayes himself put these words into the Petition In equal manner and measure with other His Majesties Subjects Which showes That my Lord of Strafford himself had the Perusal and Correction of this Petition which is a good Proof that he contrived the Oath The Petition doth only beseech my Lord Deputy That an Oath might be framed to vindicate themselves from the Faction of their Countrymen and the Covenant which they might have done by the Legal Oath the Oath of Allegiance But he put something in above what they desired and that was for submission to all the Kings Royal Commands which may extend to Liberty to Property of Goods and so is a great deal further than His Majesty was pleased to Command by His Letter wherein there was nothing but what was very fit to be commanded by my Lord of Strafford and very fit for him to obey And What if my Lord of Strafford should procure a Letter from His Majesty to do that which is not warrantable by Law the Kings considerations are far above the particular Points of the Municipal Law of this Kingdom He cannot know them but is to be enformed of them by His Ministers Now if my Lord of Strafford shall misinforme Him and desire to have that by His Authority which is not warrantable by Law the fault is my Lord of Straffords and it much aggravates the Crime but the Kings Letter doth not warrant my Lord of Strafford for he hath proceeded further He sayes concerning the Censure of Mr. Stuart That he delivered his Opinion among the rest but their Lordships may remember he went as high as to charge him with Treason It is true the Bishop of Derry conceived it might be Treason And the Primate said The Denial of the former part might be Treason but not the latter but my Lord of Strafford conceived the latter part to be Treason too And therefore surely his Opinion had more harshness and severity then the rest and being his Opinion it was of sufficient weight to carry along with him all the rest and that which was his own Act at the beginning which he Contrived and Treated with the Scotch Lords and Gentlemen That he persues in his Sentence and if others joyn with him in a hard Sentence against Law his fault is not the less but rather the greater to draw others into the same fault His Lordship says little of the Fine that is paid It is true it cannot be proved how much was paid but those that were Fined continued in Prison till very lately for that Fine And whereas he sayes Any taking the Oath might have been Released the next day It is the more Cruelly done to keep them in Prison till they take an Oath who cannot satisfie their Consciences that they may take it My Lord sayes If one refuse the Oath of Allegiance in this Kingdom he shall incur a Premunire and this Sentence was more moderate Indeed if that had been tendered they had incurred the like sentence and that might serve the turn but my Lord must stretch his
power higher and above the Law He would frame a new Law and for not observing that a new Punishment too He sayes There is nothing of the Ecclesiastical Discipline in the Oath but the Witnesses expresse it that my Lord interpreted it to extend to the observation of the Ceremonies and Government of the Church established and to be established His denial to speak the words That he would root out the Scotch Nation doth not disprove that which is so clearly and strongly proved by two Witnesses He sayes He should be Frantick if he should speak such words but one of the Witnesses said He exprest himself to be transported and that he knew not what he said in that Sentence He sayes He never received wrong from that Nation but Curtesies then those words show the more Ingratitude He says Sir Iames Mountgomery speaks nothing that sticks on him It is true he speaks only to the Contravening of the Oath but he shows that to be expresly otherwise then in my Lords Answer He confesses he gave the Oath but whether he did or no his Authority Injoyning of it would have been all one He says Sir Iames Mountgomery desired the words Iust and Lawful Commands might be added and that my Lord expounded it No other were intended But then there was the less reason to deny the inserting some of them for their sakes that were tender and desired to have them put in for their satisfaction He sayes That Sir Iohn Clotworthy deposes That Multitudes of the Scotch Nation went away but he names none But if Sir Iohn be Asked he will give very good satisfaction Sir Iohn Clotworthy being Asked to that Point He Answered That he might easily amongst so great a Multitude Remember so few names and when he heard my Lord of Straffords Exception Multitudes did throng in upon him whereof he did now particularly name about six and said He could name a great many more Being Asked concerning the Execution of Trueman as a Traytor for the matter of Knockfergus He Answered That he was at Knockfergus at the Assizes when this Trial was concerning this Trueman and was then on the Bench and heard all the passages of the business whereof he made this brief Relation as followeth This Trueman was an Englishman that dwelt not far from Knockfergus and one that was sent about the Country but by whom Sir John could not tell but there were vehement Suspitions that he was Imployed to find out those that would engage in Discourse concerning the Scotch business he spake with one Captain Giles who feigned himself a great Friend of the Scotch Nation and said That he conceived they were greatly distressed and wished that he could use means whereby they might be eased Hence he discoursed with True-man who was but a silly Man and got from him words whereby he discovered a good will to the Scotch Nation and some discourse about the Castle of Knockfergus insomuch that he got Truemans Letter to recommend him into Scotland whether he pretended a desire to go to serve under that Command Upon this he produced the Letter and that was given in Evidence against him and so he was Condemned and Executed Mr. Whitlock proceeded and said My Lord alledgeth for his Justification another Oath enjoyned here to the Scots by the Authority of the Council-Board but this gives no Countenance to that in Ireland for the Oath enjoyn'd there was another after that enjoyned by my Lord of Strafford therefore that which came first can receive no colour from that which came last And the Oath here being the same as near as we can remember with that in Ireland was rather a Precedent for this Howsoever the Committee never heard that the Oath here was executed or enjoyned to any Though Richard Salmon was mistaken in point of time of speaking those words of the Scotch Nation at the Sentence yet he speaks to the substance and matter of the Sentence and Words and it was when my Lord of Strafford was in Ireland and though the name of the Month be mistaken it cannot weaken his Testimony and my Lord of Strafford confesses he was at the Sentence and the day before he came to England And with him concurs Loftus though not in Words yet in Substance My Lord produced Witnesses concerning these words Sir Philip Manwaring affirms my Lord said He was very sorry Stuart should be the only Man yet it is proved that diverse were brought to Dublin and Imprisoned there and many hundreds forsook the Kingdom and left their Estates therefore he could not be the onely man But though he and the rest remember not the words yet if the Witnesses produced do precisely remember them the forgetfulness of my Lord of Straffords Witness shall not at all Impeach the other So the Committee concluded thus That it stands clear that my Lord of Strafford hath assumed a power to himself above Law to Administer an Oath contrary to Law a new Oath to bind Mens Consciences with great severity He said formerly He would make an Act of State equal to an Act of Parliament and nothing can make an Oath but an Act of Parliament in this therefore he is as good as his word This is an assuming of a Power above Royal-Power for an Act of Parliament cannot be made without the Three Estates their Lordships and the Commons are Interested in it for this is not Penes Potestatem ministri Mr. Maynard added That some Exceptions had been taken against Sir Iames Mountgomery viz. That he was scrupulous to the Petition but not to the Oath My Lord of Strafford takes a Power to Administer an Oath It is hard to lay such Bonds on any but to put it on general and ambiguous words is much harder And how far that may intrench on any Man if for refusing such an Oath he shall be Sentenced in the Star-Chamber more then he is ever able to pay and more than my Lord of Strafford confesses he would expect payment of this is so transcendent an Incroachment that there cannot be a greater for it takes away Liberty of Conscience and endangers the whole Estate And the Kings Letter doth not justifie the proceeding at all for had my Lord persued that and gone no farther there had been no Complaint for His Majesty enjoyned him to take an Oath that might distinguish one from another but doth not enjoyn to punish them that refused it the Grievance is the Coertion of it and so under favour It is no Justification Mr. Stroude added That my Lord of Strafford at the end of his Speech said If this were Treason and the Occasion offered he would be ready to do it again And Mr. Stroude said He must confess he doth believe him and this makes him consider a heavy thing that once befel this Kingdom When Gaveston came to over-act his bold offences how heavy that befel the Kingdom he leaves to their Lordships Consideration My Lord of Strafford desired to
should not supply him THE Two and Twentieth Article The Charge 22. THat in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their assistance in a War against the Scots and gave â—ns for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Rateliffe did together with him the said Sir George traiterously conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and of altering and subverting of the fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford reâ—ited into England and to sundry persons declared his opinion to be That His Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then His Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the Wills of His Subjects THE Three and Twentieth Article The Charge 23. THat upon the Thirteenth day of April last the Parliament of England 〈◊〉 and the Commons House then being the representative Body of all the Commons in the Kingdom did according to the Trust reposed in them enter into Debate and Consideration of the great grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesty referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Speeches and Messages to urge the said Commons House to enter into some resolution for His Majesties Supply for maintainance of His War against his Subjects of Scotl before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a demand was then made from His Majesty of 12 Subsidies for the release of Ship money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some Supply before any resolution by them made He the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to Dissolve the said Parliament upon the 5th day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had been Members of the said House of Commons by telling His Majesty they had denyed to supply Him And afterwards upon the same day did traiterously and wickedly counsel and advise His Majesty to this effect viz. That having tryed the affections of His People He was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tryed all ways and was refused and should be acquitted towards God and Man and that He had an Army in Ireland meaning the Army above-mentioned consisting of Papists his Dependants as is aforesaid which he might imploy to reduce this Kingdom THE Four and Twentieth Article The Charge 24. THat in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and deciared before others of His Majesties Privy Council That the Parliament of England had forsaken the King and that in denying to supply the King they had given him advantage to supply himself by other wayes and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such wayes as he should hold fit and that he was not to suffer himself to be mastered by the frowardness and undutifulness of the people And having so maliciously slandered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book Entituled His Majesties Declaration of the Causes that moved him to Dissolve the last Parliament Full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons Monday April 5. 1641. THE Right Honourable the Lord Steward did this day in the first place acquaint the Gentlemen that managed the Evidence at the Bar That their Lordships had commanded him to let them know that my Lord of Strafford on Saturday in the evening gave in his Petition for the examination of my Lord of Northumberland and that he coming in so late it happened so that the Gentlemen of the House of Commons could not possibly have leave to cross examine and so the examinations are come only on one side sealed up wherefore his Lordship proposed that things might for the present be so carried as the proceedings of this day might not be hindred thereby Mr. Whitlock Answered That they shall go on according to their Lordships Order but he desired the cross-examination of my Lord of Northumberland and the Testimony of some other witnesses that are sent for and not yet come whose names they shall give in may be reserved To which my Lord of Strafford replyed That the motion is very new to him and in these things of form he may be easily mistaken and prejudiced before he is aware That to their cross-examining of my Lord of Northumberland he is very willing but for examining of Witnesses whose Names are not yet known and to have such a Latitude as to reserve supplemental proof he conceives may be hard and so appeals to their Lordships whither their Lordships will not have them name their Witnesses and assigne them a certain time within which they shall examine them And he desires likewise the examination of my Lord Keeper who is not yet examined may be reserved for him And likewise that my Lord of Canterbury may be examined he having been examined as he understood against him which if he had not been he should not have moved it and that the advantage of their two Testimonies may be reserved to him But Mr. Whitlock and Mr. Maynard thus explained it that they intend not to examine those who are not yet named in writing but to produce them viva voce and that they should take the boldness to name one of them to their Lordships and that is Mr. Sergeant Glanvile who was sent for eight days since and will be in Town to night And
and being demanded how the King would do if he were not supplyed by Parliament He said the King hath 30000 men and 400000 l. in his Purse and his Sword by his side and if he wants Money who could pity him That he said likewise he could make peace with the Scots when he list but that was the worst of Evils There were other words spoken by Sir George Wentworth my Lord of Strafford's Brother to a Gentleman a Member of the House of Commons that England was sick of Peace and it would never be well with it till it were again conquered These were the words of others his Creatures They shall prove his Lordship's own words and Counsels That he declared his opinion to my Lord Primate of Ireland that in case of necessity His Majesty might use his Prerogative to levy what he needed saving first to try the Parliament and if that supply him not then to use his Prerogative as he pleased That at another time when my Lord Conway a Nobleman of this House was pleased to ask him How the Forces raised and to be raised should be paid My Lord of Strafford said he doubted not but twelve Subsidies would be given My Lord Conway putting the doubt to him again What if they should not be given My Lord of Strafford was pleased to reply Then the King would be acquitted before God and Men if he took some other course to supply himself though it were against the Will of the Subject At another time when His Majesty had Graciously declared himself that he would have a Parliament he was pleased to say That in case the Parliament should not supply him he would be ready to serve him in any other way These Words and Counsels were all before the calling of the last Parliament In the time of the sitting of the Parliament the House of Commons were frequently urged by Messages procured by my Lord of Strafford from His Majesty to take consideration of the Kings Supply for a War a-against Scotland and before consideration and relief of the grievances in Religion and Government of the Kingdom 12 Subsidies were demanded for release of the Ship-money only and when the House of Commons were in debate concerning Supply and before they came to resolution by advise of my Lord of Strafford that Parliament was dissolved After the Parliament was dissolved they shall show how by divers Words and Counsels my Lord of Strafford endeavoured to incense His Majesty against His loving Subjects and so to slander them to His Majesty as to make a division between them And also of His design to bring in an Army upon us That he declared to His Majesty that the Parliament had denyed to supply him and had quite forsaken him and that he said to a Noble Earl of that House That the Parliament in this great distress of the King and Kingdom had refused to supply the King in the ordinary and usual way and therefore the King might provide for the Kingdom by such ways as he thought fit and that the King was not to suffer himself to be mastered by the frowardness and undutifulness of his people That he said at another time to a Nobleman in this House That the Parliament in denying to supply the King had given him advantage to supply himself by other ways And if worse words can be uttered or spoken than what have been mentioned they shall conclude with such of his words as none can be imagined to be of more fearful and dangerous consequence viz. The same day that the Parliament was dissolved my Lord of Strafford by way of advice and Counsel told His Majesty That now he had tryed the affections of His People and that he was loose and absolved from all rules of Government That he was to do all that Power would admit since he had tryed all ways and was refused and should in so doing be acquitted before God and men and that he had an Army in Ireland which he might employ to reduce his Kingdoms They began with that which concerned Scotland The Earl of Traquair being sworn was asked What he remembred to be spoken by my Lord of Strafford concerning the demands made by the Scots in their Parliament when he my Lord Traquair made relation of those demands with the time and other circumstances He Answered That it would be hard for him to answer to so general a question for their Lordships and a great many know that he made relation of the demands made by the Scotch Subjects in Parliament at two several times one by the King's Command here before the Lords of the Council Another by the like Command of His Majesty before the Peers at York But being directed to apply himself to the words spoken by my Lord of Strafford when he made his relation before the Council here His Lordship Answered That he could hardly give an Answer to such a general Question but he believed my Lord of Strafford when he was at Council gave his opinion in any thing brought in debate as the Lords of the Council did He knew what was brought in debate but cannot condiscend to every thing that my Lord spake there Mr. Whitlock here interposed and said That he mentioned not the particular words that might come from my Lord Traquairs own expression but the question he desired was Whether my Lord of Strafford did not say The demand of the Scotch Parliament was a sufficient ground for the War To which my Lord Traquair being Interrogated He Answered That he should very clearly declare to the best of his memory what he heard upon that occasion but for the present he could not remember particularly of any such words expressed by my Lord of Strafford here at Whitehall for he believes it was there when the Council met when he made the first relation But he remembred he was Deponed on these before and if it might stand with their Lordships pleasure and form he would willingly remit himself to his former Deposition Mr. Whitlock offered to their Lordships that for the recollecting of his memory my Lord Traquair might peruse the former Deposition But my Lord of Strafford opposed it because their Lordships having not yet made use of any thing taken on oath he desired that Rule might be still kept Mr. Palmer insisted on it it being not offered as a proof to be heard but because it was tender'd to him to vary being on his oath though but in a Syllable from what he had spoken before And Mr. Glyn added That this is very ordinary at Law But my Lord of Portland moved that the House might be Adjourned that the examinations should not be made use of My Lord Traquair desired that he might not be mistaken for he would express his Reasons and humbly submit it to their Lordships that he was by order of their Lordships examined on oath before and examined on the same question and he only submitted this to their
That the unreasonable and exorbitant Demands made by the Scots in their Parliament were a sufficient ground to make a War against them and that the King needed not to seek for any other grounds for it or words to that effect 105. That towards the end of the said Debate this Examinant told His Majesty That His Majesty having given the Scots leave in their Parliament to Petition for Redress of such things as they conceived to be Grievances he said His Majesty would not think it a sufficient ground to make War against them for any Demands by them made in Parliament without first hearing the Reasons thereof which reasons were not before that time related at or in any meeting of the Council whereat this Examinant was present howbeit the said Earl of Strafford again said That there was ground enough for that War After which his Majesty was pleased to say That this Examinant had reason for what this Examinant did then say Whence Mr. Whitlock observed That my Lord Morton went further then was opened For though he told His Majesty that that which was treated on in Parliament especially by the Kings leave and before the reason of these demands were declared was not a sufficient ground of a War yet notwithstanding my Lord of Strafford though he heard not these Reasons nor knew whether they were unlawful or no he was not versed in Republica aliena yet he reiterates and declares his advice again to His Majesty That these Demands were a sufficient ground of War 106. He saith That when my Lord Traquair made Relation at the Council-Table of the Demands made by the Scots in their Parliament without rendring any reason of the said Demands as leaving this to the Scotch Commissioners who were on their way coming towards His Majesty by His Majesties leave and allowed to yield their Reasons in that behalf which Course of the said Earl of Traquairs in leaving the said reasons to the said Commissioners His Majesty well approved of and pleased himself to expect from him a Relation onely what the said demands were this Examinant on the said occasion heard the said E. of Strafford say to His Majesty after the said Demands so related That the said Demands were not matters of Religion but such as did strike at the Root of Government and such as he thought were fit for his Majesty to punish by force or words to such effect Whence Mr. Whitlock observed That the words last read were spoken by my Lord of Strafford at that time when my Lord Traquair made a Relation before the Council here which was a great while before the second Relation at York before the Great Council of the Peers And though the King himself in his Clemency and Goodness thought that a sufficient Reason to do no more upon it at that time having not heard the Reasons yet my Lord of Strafford was pleased then to give Him this Counsel My Lord Traquair being Interrogated Whether the Reasons of the Demands were given before or at the Meeting at Whitehall He Answered That at his first Relation their Lordships know very well the Commissioners were not come up but he cannot burthen his Memory That he heard my Lord of Strafford say such words Mr. Glyn observed That they put it only to this That the Reasons were not nor could not be related the Commissioners being not come up And from these Proofes Mr. Whitlock conceived it to stand proved That my Lord of Strafford laboured to perswade His Majesty to an Offensive War to Imbroyle both Kingdoms in a National Quarrel and the blood one of another and this several times and that at Whitehall being Three Quarters of a year before the other which was at the Council at York For Proof of the further Prosecution of his Design Sir Henry Vane Treasurer of His Majesties Houshold and Principal Secretary of State was Sworn and Interrogated What Advice my Lord of Strafford gave to His Majesty concerning making of a War with Scotland or seizing their Lordships He Answered That he should be very glad to understand the Question cleerly before he makes an Answer for to part of it he is able to say nothing that is concerning the Ships of Scotland he not hearing of it till now And he will be sorry here to say any thing that is not true for he conceives the Witnesses were put upon a great strait The Examinations were taken long since and for his part he hath seen none of them And he besought their Lordships to take so much care of them that they may not be subject to cross what was said before and peradventure bespatter our selves when we ought to have our Memories a little refresht in it This he said he thought fit to speak before he Answers the Question and if he be asked such a Question as he cannot clearly Answer to he shall do it Candidly and Ingenuously but to the Ships he can say nothing Being Asked Whether about the 5th day of May 1639 he heard my Lord of Strafford perswade the King to an offensive War against the Scots He Answered saying That to that question he is able to speak and he is the better able which he may declare to their Lordships here because His Majesty hath been pleased out of the Justice and equality he owes to all his Servants to give him leave to do it To that point then this he sayes clearly and plainly Whether it were upon the 5th day of May or no he is not able to say but either that day or shortly after where diverse of my Lords were present being commanded after the breach of the Parliament to speak what was fit to be done and every man to vote in his own turn and he amongst the rest took his turn and he must say that after Mr. Secretary Windebank had spoken first of it it came to him There were then diverse Reasons agitated which do not occurr to his Memory but this he remembers well a Defensive War was proposed for it was proposed by himself Thereupon that was not thought fit to be done and certainly my Lord of Strafford was of opinion for an Offensive War This he can say and this is all he can say to this point Being Interrogated What he could say against my Lord of Straffords procuring the Parliament of Ireland to engage themselves in a Supply for a War against Scotland He Answered That this was new to him and he could say nothing to it in particular but what in general came to his knowledge That so many Subsidies were given to the King and that is all he can say having not heard of the Question till now Mr. Whitlock desired to read my Lord of Northumberland his Examination But my Lord of Strafford conceived that not so proper his Examination being reserved Which Objection Mr. Whitlock taking off by offering to their Lordships that for which they desired to reserve him was another
to himself He apprehended there was some design as he feared in England and he had this reason for it too For in that condition they were then in they of the Council of Warr saw no possibility to make this Army in a readiness to invade Scotland within the time limited for by directions of my Lord of Strafford left with them they were to be ready at the Provincial Rendezvous by the 18 th of May and that by subsequent directions was forborn till 18 th Iune then they all met to march to the general Rendezvous The Arms Ammunition and Preparations could not be ready so soon nor were they in readiness till the end of Sept. following So that on the whole matter those amongst them that might be free their consultations all agreed that it might tend to the purposes here declared And from the time observed by my Lord Ranalaugh for the raising of the Army in Ireland Mr. Whitlock observed That it could not be intended for Scotland for no Army was raised in Scotland till some months after To prove the words spoken by the Lord of Strafford himself to shew his designe to bring the Army to England Sir Tho. German Comptroller of His Majesties Houshold being Interrogated whether he heard not the Earl of Strafford tell the King that the Parliament had denyed to supply him and had sorsaken him or words to that effect He Answered That he should humbly presume to crave one thing of their Lordships and it was briefly this There is nothing that he can be Interrogated upon in this Cause but it must fall within the cognizance and knowledge of many of my Lords here present who must needs remember all that he hath to say as well or perhaps better than he can himself His humble desire therefore to their Lordships is That if through distance of time and the weakness of his memory there be any thing that may be better remembred by some of their Lordships than is at this time by himself it may not be imputed to him as from a desire of concealing any part of the truth but a failor in memory and that their Lordships will believe of him that in this great Assembly he shall be very unwilling to speak any thing but that that shall perfectly occurr to his remembrance and that request granted he shall humbly answer to every thing And to the question he remembers very well that he was Interrogated upon the same terms heretofore that he is now His Answer was then as he takes it in these words That he remembred that he heard my Lord of Strafford say something of the Parliaments deserting or forsaking the King or something to that effect or purpose but he did not remember then what inference my Lord made upon it nor what he did conclude thereupon neither can he now call himself to further remembrance on that point than he then deposed The Earl of Bristol Sworn and Interrogated Whether he heard any words spoken by my Lord of Strafford That in this great distress of King and Kingdom the Parliament had refused to supply the King in the ordinary and usual way and that therefore the King might provide for the Kingdom by such ways as he thought fit and was not to suffer himself to be mastered by the frowardness and undutifulness of his people or to that effect He Answered That it is very true that about 12 months since by meer accident he had a private discourse with my Lord of Strafford and some months after had discourse with a Peer of this House my Lord Conway by name meerly to let him know the difference that was between some Tenants of my Lord of Straffords and himself the Earl of Bristol What use hath been made of it he doth not know But upon this he doth conceive he comes to be Interrogated It is almost Twelvemonths agoe since this discourse did happen yet afterwards he was called now a month or six weeks since and was examined on oath on several Interrogatories After he had well recollected himself he did set down for his memory what he could think of and out of those Notes and Papers he did then make his Answer Now his examination being upon oath he shall be very loath to depose particularly to words but to the effect of what passed And therefore he shall crave leave not out of his examinations but out of the words he then set down to read the effect of what he then spake for if a man be deprived of words and tell not the sense and coherence and subsequents he shall not do himself right but may do a great deal of wrong to the party accused and therefore though it be somewhat the longer he shall tell the circumstances It is true That after the disso lution of the last Parliament he had discourse accidentally with the Earl of Strafford but being many months since he cannot precisely depose unto the words that then passed But he remembers that speaking then together of the great distractions of those times Videlicet touching the present things that were then at Lambeth for it was just about that time of the Mutiny of some Soldiers against their Officers of the present great danger apprehended by the ensuing War as was feared of Scotland and of the said Parliament being broken without supplying the King he the Earl of Bristol did then in his discourse chiefly attribute these disorders to the breach of the Parliament And speaking what might be the best way for help in these distressed times he then conceived and said that he thought the best way to prevent any desperate undertakings would be to Summon a new Parliament that might quiet the times for the present The expectation thereof might quiet the Distempers at that time And as for the War of Scotland he did much fear the success of it unless the King should be assisted both with the Purse and Affections of his People And he Alleadging to my Lord of Strafford many Reasons for it conceiving it was not likely that our Nation lying under great Grievances should go willingly and chearfully to a War labouring under the same grievances with themselves My Lord of Strafford he must speak it and confess it very ingenuously seemed no way to dislike the Discourse but said he did not conceive it to be Counsellable at that time neither did the present dangers of the Kingdom which were not now imaginary but real and pressing admit of so slow and uncertain a remedy as a Parliament was for that the Parliament had in the great distress of the King and Kingdom refused now to supply the King by the ordinary and usual way of Subsidies and therefore the King must provide for the safety of his Kingdom by such wayes as He should think fit in his wisdom And he the Earl of Bristol doth remember that the said Earl of Strafford at the same time did use the Sentence Salus Reipublicae Suprema
so far as to suffer him to ask a Question of three or four persons he shall produce professing that there was never a thought in any mans heart that he knew nor never a word in any mans mouth that ever he heard that any part of the Army should ever touch a foot on English ground as some of their Lordships and His Majesty knows where his Lordship added If he may with Reverence name His Majesty in that poor and distressed condition wherein himself is for he is not worthy of his Protection being in this miserable Case and therefore it was too much boldness for him to name him But his Lordship desired the benefit of reading my Lord of Northumberland's Examination to the point of that Design Algernon Earl of Northumberland his Examination taken To the First Interrogatory he saith That he hath often heard both His Majesty and the Earl of Strafford mention the 8000 Foot which were to be raised in Ireland but to his best remembrance he never heard any intention of bringing the said 8000 Foot or any part thereof into England That the design of landing them on the West of Scotland was often spoke of and so resolved as he believes To the Second he saith He doth not remember that ever he heard the Earl of Strafford speak or mention the reducing of the Subjects of England by the said Army in Ireland Here my Lord of Strafford desired their Lordships to take notice that my Lord of Northumberland was one of the Committee of Eight for Scotch affairs The Lord Marq. Hamilton being Sworn and Interrogated what he knew or believed concerning the raising of 8000 Foot in Ireland or whether he was privy to any intention of bringing the same or any part of them into England His Lordship Answered It is late and time is precious to their Lordships and so he shall answer as shortly as he can unto that Question It is very true His Majesty was Graciously pleased to acquaint him with the resolution of raising that Army of 8000 Foot And it is true that the resolution was That these men should Land in the West of Scotland about a certain Town called Ayre or where my Lord should find it most convenient And for any thing he the Examinant knows there was no other design he never heard of any nor did he hear of the bringing of them into England for any such use or end or that they were ever to come to England at all Being asked whether he heard my Lord of Strafford speak any thing concerning the reducing of England by the Army His Lordship Answered That he doth not remember my Lord of Strafford to have spoken any such words Sir Tho. Lucas Sergeant-Major-General of the Horse of the King's Army in Ireland who as my Lord of Strafford said being with him him here in Candlemas-Term was 12 months in his own Lodging at Covent-Garden something passed between them concerning the disposing of the 8000 Foot and 1000 Horse to what purpose they were raised And being asked What was the Intent and Circumstance of that discourse He Answered That about the latter end of Ianuary 1639. my Lord of Strafford told him an Army was to be raised in Ireland another in England and with the English Army a Regiment of Horse whereof his the Examinants Troop should be one and some Regiments of Foot and these Foot and Horse were to joyn with the Irish Army and that my Lord taking a Map of Scotland which lay then in the Chamber said Now I must tell you the greatest secret in all the world and pointed with his finger towards that part of Scotland which lies on the Dunbar-Frith and said the Irish Army is to land here and here I intend to take a Town but he did not nominate the Town and added That he might the more easily do it because the Scots would not expect his Landing there but it is likely will imagine the Landing of the Irish Army at Carlisle or some other part of England And his Lordship said further That when he had taken this he would strongly fortifie it intending it for a Magazine of Ammunition and Victuals for the Irish Army and so he should bring all the Countrey about to Contribution even to Edenburgh and when he is Landed he the Examinant should have notice and should joyn with the Irish Army and that he would send these Horse my Lord spake to him the Examinant about 1000 as he thinks to convey him the Examinant to him My Lord of Strafford added That the truth is there were Foot-Regiments of Sir Tho. Wharton's and Sir Arthur Tyrringham's and Sir Tho. Lucas's Regiment of 500 Horse that when the Irish were Landed in Scotland were to be fetcht by Ships from St. Rees and so to have joyned with the others And it was supposed 500 would have found no great difficulty on a suddain for such a march and Sir Tho. Wharton and Sir Arthur Tyrringham came over purposely to have persued his Design by which it appears there was no design to bring them to England and so a strange Philosophy it was to bring it into any mans thoughts it should be so Mr. Slingsby being Interrogated What he knew concerning the Design of the Irish Army He Answered That he had the honor to be sworn of the Council of War and then the charge of making the whole Magazine of Ammunition and Provision for that Army was conferred on him That he repaired to England 10 days after my Lord and persued his received Instructions for making preparations of Artillery and Ammunition directed which he got all shipp'd and ready about Iuly that the slow proceedings of the Irish Army did then retard his directions from my Lord-Lieutenant for the dispatch away of those Ships which were ready That my Lord was pleased to tell him he must provide some stores for a Magazine for maintainance of the Soldiers that he was pleased to impart to him That the Army was to Land in Scotland about Aire That he thereupon proceeded to get a Map drawn of that Coast and informed himself by that Map and discoursed with Scotchmen in Town That Aire was a barred Harbor and that divers Ordinance were mounted to intercept the Landing which he representing to my Lord-Lieutenant my Lord directed him to take consideration of the burdens of the Ships and whether they could be brought to ride near the Town and that there might be provision of Flat-bottomm'd Boats to Land a good number at once That he had a Warrant to receive 10 of the King 's Flat-bottomm'd Boats and 20 were provided by my Lord of Antrim the last year with Oars and a floating Battery to secure the Landing of the men That he had direction to obtain Warrants from my Lord of Newport for 10 16 or 20 pieces of Ordinance That at first he had 10 afterwards 6 more Iron pieces for fortification which as my Lord of Strafford had imparted to him the Examinant
found the affairs of Scotland so distempered that he thought fit to reduce the Kings Subjects there by force His Lordship says That if the Demands struck at the root of Government then it was fit to say they should be reduced by force But the words were spoken before the reasons of the Demands were known and before he could know how they could be warranted by the Laws of that Kingdom and it is part of the Charge of the House of Commons That he said They struck at the root of Government which it appears they did not for those very Demands against which my Lord of Strafford delivered his opinion are since enacted by the Parliament of Scotland and confirmed by His Majesties Royal Authority in the Treaty which is very well known to divers of their Lordships sitting here My Lord sayes It was first resolved a War should be had and then for him to debate Whether an Offensive or Defensive War is no Crime but that receives a clear Answer for it was his Resolution his Advice That there should be a War and an Offensive War which shewes his Design against the Kingdom of Scotland My Lord labours to prove That the seising of the Scotch Ships was not by his Warrant but by Warrants otherwise procured That was not insisted on in the Charge and therefore they will not insist upon it in the Reply there is enough besides My Lord is further pleased to say That there is no substantial or concluding proofe of his intent that the Parliament should be only called to try whether there would be supply given or no and that is only deposed by my Lord Primate a single Testimony But my Lord Primate concurs with others in the same sence and meaning To my Lord Conwayes Testimony my Lord sayes That for the King to help Himself is a Natural Motion and proper to every one But the other words of my Lord Conwayes Testimony That the King might help and supply Himself though it were against the will of His Subjects must be understood not of a Natural but a violent motion and it appears to be my Lord of Straffords Design to have it so He comes to the Testimony of my Lord Treasurer and sayes That doth not at all touch him that he promised to assist the King in any other way in case the Parliament did not succeed But this proves his intent That if the Parliament were dissolved as he was willing it should as it will afterwards appear he would assist the King in any other way whatsoever He took a good Pattern Stare super vias antiquas and we shall prove that too but this was not via antiqua of Parliaments to propose Supplies in the first place and to put off consideration of grievances to urge nothing but to give to the King and before a Resolution whether they would give or not to informe against the Parliament by Misinformation My Lord mentions the Declaration of the House of Commons in Ireland concerning the giving of Four Subsidies for the Kings supply of the War with Scotland which is in the Charge but was not insisted upon But by shewing this my Lord of Strafford hath procured that which is likewise in the Charge That the Parliament of Ireland did engage themselves in the War against Scotland and by the Preamble of his Answer This was in my Lord of Straffords Knowledge and may be easily proved to be by his Procurement being the Chief Governor there He sayes That had he ever entertained such thought as the words proved import he should give Judgment against himself But as no mans thoughts can be proved but by his words and actions so the words proved do manifest that his thoughts were no other and shew clearly his intention to bring in an Army on us to reduce this Kingdom My Lord calls Sir Robert Kings Testimony a Report on a Report and sayes the like of the Testimony of my Lord Ranalagh which shall be answered when he comes to lay the whole matter together according to the course of opening the Articles Diverse Witnesses his Lordship produces to prove that the 8000 Foot raised in Ireland were designed for Scotland and particularly for the Town of Aire which is very improbable for that Town as was informed and will be proved was at that time very well fortified and the Coasts thereof and the Haven so barred and narrow that one of my Lord of Straffords own Witnesses says there could be no probability of Landing an Army there The like may be said of the Frith of Dunbarton that was Fortified long before And if their Lordships repair to some part of my Lord of Straffords Answer where he sayes they were to be landed in some places near the Country of my Lord of Argile to divert him These places are so far from his Country and such Armes of the Sea and unpassable Mountains are interposed that they could not be landed there with any intention to go to Argyles Country But admit there were a primary intention of this Army in some part of Scotland the Witnesses speak onely to what was intended before the Army was raised But when the Army was on foot my Lord of Straffords intention might be changed and it seems it was for he laboured to perswade His Majesty to make use of it to reduce this Kingdom He sayes The Testimony touching Sir George Wentworths words is single and spoken by his Brother and could not reach him but though one Witness testifies the words yet it may be made appear to their Lordships that presently after the words spoken Sir Tho. Barrington related them to other Gentlemen who are ready to testifie that he so related them But their Lordships seeming satisfied in that point directed him to proceed Next my Lord Discourses of my Lord of Bristols Testimony and the differences of opinion between them touching the summoning of a Parliament But my Lord of Bristol proves the following words That the King was not to suffer himself to be mastered by the frowardness of His People c. and to these no Answer is given To which Mr. Whitlock said he would further answer in the General Reply And so for the words proved by my Lord of Newbrough my Lord of Holland and diverse other Noble Lords of this House My Lord of Strafford was pleased to mention the Statute of 1 E. 6. ca. 12. where to compass by Preaching or saying to deprive the King is not for the first offence Treason though words of a more transcendent and high nature and hence he inferr'd that the words charged on him are not Treason But that Statute is onely of Treasons spoken of the King but not of Words and Counsels that advise the thing to be done And there is no Question but at this day for any man to Advise and Counsel the Destruction of the King is High-Treason notwithstanding that Statute These words charged on my Lord are a Declaration of his intention to subvert
and they were to give an Answer the next day about the making of it That was about the Expedition and what it would cost and two other Particulars the Paper Sir William Parkhurst hath But some of them spoke against the making of the Money Mr. Palmer and the rest shewed the inconvenience of it and then my Lord pull'd out a Letter in French and read it in English to this purpose That the King of France raised money by force sending Commissaries of Horse to look into their Books and Estates and levy money accordingly and did turn about to my Lord Cottington and said My Lord this is worthy your consideration or hearing or words to that purpose Being Asked on my Lord of Straffords motion Where it was spoken He Answered It was spoken at my Lords House in the Fields in the presence of Sir William Parkhurst Lord Cottington Mr. Palmer and himself Sir William Parkhurst being Sworn and Interrogated What my Lord of Strafford said when he and the rest attended him about the Copper Money He Answered That they were sent for and the first Question they were asked was What sorts of Money were made in Queen Elizabeths time of Copper for the Kingdom of Ireland they told him what they were and that they could produce the Indentures and Circumstances of making those Monyes and they had diverse Discourses of the matter of Money and it was resolved into certain Queries that they should consider of which he the Examinant was never formerly examined of and the Papers are not here neither was he warned hither to day And in the discourse of these Moneys my Lord of Strafford did produce a Letter written in French as newes lately received from thence and doubting whether they understood French or no he Englished it in these kinds of words or thus much in substance That the French King had lately sent certain Commissaries or Commissioners into diverse parts of France there to take and peruse the Accompts of Merchants and the Books of Mens Estates whereby they might know what Estates they had and this is the substance of what he can say and further he heard him not say Being Asked on my Lord of Straffords motion Who was there present He Answered My Lord of Strafford my Lord Cottington Mr. Palmer Mr. Gogan and himself Being Asked on the like motion Whether he heard my Lord of Strafford offer to my Lord Cottington That this was worthy his consideration or notice He Answered That he did not hear it Being Asked Whether he said That if the King should do so he should follow the Example of other Princes He Answered No. Sir Ralph Freeman being Asked What words my Lord of Strafford spake concerning Copper Money If it were refused to be taken He Answered That he was not there at the first meeting but at the private Council His Majesty being present there was a Debate about Paying Copper-Money and he the Examinant Answering That they would not work if they were paid in Copper Money My Lord of Strafford replied You know what course to take with them you may send them to the House of Correction This is all he heard Mr. Maynard desired Tho. Skinners Examination might be read as to the matter which Mr. Stewart was examined to he being seen at Westminster that morning and acknowledged that he was to be examined here as a Witness and it seems could not get in or is otherwise kept away My Lord of Strafford desired they might reserve the advantage of him and he would give way to it Mr. Maynard answered That when he sayes a Witness may be kept away it is not that he is kept away for he is here but if a Witness hath been examined and doth not come his Examinations may be read for it is possible a Witness may be kept away though he be not sick George Henley being Sworn and Interrogated Whether he saw Skinner this morning at Westminster He Answered He saw him in the Pallace-yard and he told him the Examinant that he the said Skinner was to be here as a Witness My Lord of Strafford desiring that liberty for him to Cross-examine him might be reserved and that being granted the Examinations were read The Examination of Tho. Skinner Gent. taken the 8th Ian. 1641. To the 98 Interrogatory he saith That he attended Mr. Edwards and other Merchants-Adventurers to the Lord-Lieutenant a little after the stay of the Money and Bullion in the Mynt and the said Merchants represented divers inconveniences to his Lordship which might arise from the stay thereof and alleadged That it would occasion a seisure of the English Merchants beyond the Seas Whereupon his Lordship said He did not know of the seisure until that morning But if any Inconvenience happen they may thank themselves and his Lordship further said that though this act might seem strange in England it was no newes in other Countries Where Princes made use of such means to serve their occasions and his Lordship did very much tax and blame the City of London saying They dealt unworthily with His Majesty in refusing to pay the 14000 l. of Ship-money which was His due and that they were more ready to hold with Rebels than with His Majesty and that they dealt unthankfully with His Majesty in not relieving him in His great Necessities And so Mr. Maynard concluded this Article the words charged being proved and my Lord of Straffords Answer was expected After a small time given him to recollect his Notes my Lord of Strafford made his Defence in substance as followeth That he is to give his Defence to the 26th Article the first part whereof was That he should Counsel and Approve two dangerous and wicked Projects First To seize on the Bullion and money in the mint Secondly To debase the Coyn with mixture of Brass That he hath in his Answer denied either the Counselling or the approving of these Projects as they call them and for that part which indeed would be the principal thing in the Charge if it were proved there is no offer of any proof at all that is concerning his Approving Counselling or devising those Projects To this he Answereth It will appear in their own proof he the Defendant did not Counsel the seising of the money for Mr. Edwards acknowledges when they came to acquaint him with the business he professed he knew nothing of it Nor did he being then sick and unfit for this matter And Mr. Skinner sayes He my Lord of Strafford told them That he knew nothing of the seizure of that money So that there is no Proof against him and the Proof brought Acquits him as to that For the debasing of the Coyn Mr. Palmer sayes That he and the rest of the Officers giving Reasons against it he my Lord of Strafford gave it over He remembers very well there was some speech about the Copper Coyn and that Information was to be given what Queen Elizabeth had done in
and Recusants prefer another Petition but it was when the Gentlemen of the Countrey were gone and so there was no consent of the Countrey The other thing he pretends is That the Lords of the great Council had consented to that Imposition which we say is not true there was no such Consent or Direction yet this he said both in the Countrey and in his Answer and their Lordships best know that the Lords of the Great Council did not give that direction The first thing offered was the Petition first intended which Sir Hugh Cholmley and Sir Philip Stapleton affirming on oath to be the true Petition their Hands being to it amongst others was read being in effect The Humble Petition of the Gentlemen of the County YORK WHEREAS Your Majesty imparted to us the danger by the incursions of the Scots and the necessity of continuing the Trained-Bands of this County in entertainment for two Months and raising Money so long and did Royally assure us That the Wardships of such as dyed in this Imployment should be freed and one third part of the Trained-Bands should be abated for which we acknowledge our bounden thankfulness in ready obedience of Your Majesties Command we have represented to Your Majesty our present Condition and in the entrance of the business we found a great impediment and discouragement by certain Warrants produced for levying Money towards this new service wherein in the first place we cannot omit to let your Majesty know the great grief we have in that the County is there charged with disaffection and backwardness therein which as we are confident we never were guilty of so we were in good hope your Majesty had received no such Impression of us And in the next place we find our selves much grieved that the execution of such Warrants which we conceive illegal should be concluded and urged on peril of life notwithstanding the strictness of which Warrants we find divers parts of the County have not been able to pay the Money demanded and from thence and the attestation of divers Gentlemen we are assured the scarcity of Money is such that it is diabled from satisfying your expectation therein And that Your Majesty may know it is no pretence but a real poverty we are bold to represent the Charges viz. of Ship-Money Vast expences the last year in Military affairs The Billeting and Insolency of Soldiers this Summer part of the time on the credit of the County Decay of Trade Stop of Markets Charge of Carriages especially in Harvest by which means not only the common people but most of the Gentry by the failing of Rents are much impoverished And therefore we petition Your Majesty You will accept our endeavour to prevail with the Countrey to raise so much Money as will pay the County one whole month from their first rising within which time as is generally reported Your Majesty hath Commanded the attendance of the Peers to consult for the safety of the Kingdom and pray the Trained-Bands may be continued in the Villages where they are Quartered except Your occasions otherwise require it and in the interim for the redress of these Grievances and security of Your Kingdom Your Majesty will please to Declare Your Pleasure for summoning the High Court of Parliament c. To prove that my Lord of Strafford refused to deliver this Petition and that another was framed to which the Countrey consented not Sir Hugh Cholmley was Sworn and Interrogated whether this Petition was shewed my Lord of Strafford and whether he was not unwilling to deliver it and why He Answered That this Petition was shewed to my Lord of Strafford in the name of the Gentlemen that had subscribed it and it was delivered to him by my Lord Wharton and of those Gentlemen that subscribed their Hands many were gone out of Town and desired that those that staid in Town might attend my Lord Wharton and intreat him to deliver it to my Lord of Strafford and when it was delivered my Lord of Strafford took only exception at least he the Examinant is sure that was the chief exception because they petitioned for a Parliament and said that leaving out that Clause he would joyn with him in the Petition Being asked what he knew of another Petition framed afterwards He Answered That at that time no other Petition was framed by the Gentry of the Countrey this Petition being rejected for my Lord of Strafford went and delivered some message to the King he thinks for the maintaining of the Trained-Bands a month and many of them that did subscribe to the Petition not consenting to it met together intending to make a Petition and Protestation against it and did so intending to deliver it to His Majesty but it was not delivered Being asked what Moneys were levied by whose Warrants and for what time He Answered That he can say nothing to the levying of Money but in general he thinks Money was levied Sir Henry Cholmley Sworn and Interrogated what my Lord of Strafford said concerning Money He Answered That he had the Honor to be one of the Colonels of the Trained-Bands and received Command from my Lord of Strafford being Lieutenant-General of the Army to give account in what state his the Examinants Regiment stood of what strength it was and how provided of Money That he repaired to his Lordship and told him That notwithstanding the Warrants sent out they came not to him and unless he had Money shortly the Regiment would disband That his Lordship answered him he would send a Levy on the Goods of those that refused Being asked on my Lord of Straffords motion whether he did so send He Answered No that he knows of Sir Iohn Hotham Sworn and Interrogated what he knew touching the Petition and my Lord of Straffords rejecting it He Answered That concerning the Petition it is true that being to meet together in the afternoon at the Common Hall they did first consult what to represent to my Lord. But when they came there my Lord refused and made doubt of delivering the Petition unless they would put out the clause concerning the Parliament and some thought it fit to preferr it without it Some of the Gentlemen that had petitioned went out and delivered in something to the King but what it was he knows not And for levying of the Money he can say nothing to it Warrants were sent out by the Vice-President but how far my Lord was interested in it he can say nothing at all Sir Philip Stapleton Sworn and Interrogated as to the delivering of the Petition He Answered that for the Petition he can say his Countrey-men being sent for to York by the King and intimation given that they should keep their Trained-Bands for two months they desired time to give an answer which was allowed them as they desired till the next day They met that night and though my Lord-Lieutenant desired to meet with them they met first
answer Categorically He Answered That he verily believes my Lord did so and that under favour reaches almost to a knowledge the thing is so notorious that the thing it self may be known Being required to speak his knowledge Whether my Lord of Strafford told them the Lords had Commanded or Consented to it He Answered When that was spoken of he was out of the Room and it was drawn by Mr. Rockley a Deputy Lieutenant but Mr. Rockley told him my Lord did say so Being yet again prest to a positive Answer Mr. Maynard observing to their Lordships That when a Gentleman is brought upon his Oath in a Cause of this Consequence this Dalliance is not to be admitted He Answered That he Answer'd as clearly as can be And the Gentlemen will not press him beyond his knowledge He sayes he doth confidently believe it but under favour he was not at that time in the Room but Mr. Rockley told him My Lord of Strafford had acquainted the King and the Great Council Mr. Maynard observing That now he speaks less then before and desired he might be Interrogated Whether at that time or at any other time my Lord of Strafford told him The Lords of the Great Council had assented to this Levy Which being proposed He Answered He doth confidently believe my Lord did it It may be proved by a great many others but he is confident of this as of any thing in the World that my Lord did tell them when they went to draw the Warrant That my Lord had acquainted the Lords of the Great Council and His Majesty and that he did it by their Consent and therefore they put it into the Preamble of their Order Sir Hen. Griffin Sworn and Interrogated Whether my Lord of Strafford said The Lords of the Great Council had consented to the levying of Money He Answered He heard my Lord say so indeed or else they had not set their hands to the Order that he had direction from the Great Council to levy Money for Sir William Pennyman and Sir Tho. Danbies Regiments Being Interrogated In what manner the Money was to be Levyed He Answered That he doth not know in what manner Being Asked on my Lord of Clares Motion What he meant by this Direction He Answered That there was an Order made from all them that were Deputy-Lieutenants and my Lord of Strafford as one and this is the Order concerning the levying of Money for the two Regiments Being Asked on Mr. Glyns Motion Whether my Lord of Strafford had not directed the money to be levied in manner as is exprest in the Order He Answered That to his best Remembrance my Lord did say so he must confess Being Asked Whether in case any refused to pay this money they were not to be compelled to serve in person He Answered There was such a Clause in the Order to his best Remembrance Mr. Robert Strickland Sworn and Interrogated Whether my Lord of Strafford said The Great Council had directed Warrants should be issued for the levying of Money He Answered Yes It cannot be deny'd He the Examinant gave a Copy of that Order when the last Commissioners were at Rippon and he saw a Gentleman even now behind him that had a Copy of the Order and Warrant and it is declared that it was done by the Great Council of the Peers Sir Iohn Burroughes Sworn and Interrogated Whether he knew of any such VVarrant or Order for levying money for those two Regiments He humbly intreated That he might have their Lordships direction before he Answered the Question for their Lordships know very well that by His Majesties Command he was appointed to be Clerk or Register of the Great Council Moreover he conceives That by his duty all Orders and Resolutions of the House especially those that concerned third Parties without asking leave he was to deliver to the parties if they required them But for such Debates and Arguments as were used in the Great Council to and again between their Lordships he humbly intreated their Lordships Direction VVhether he should publish any thing of them or no And upon their Lordships Order he shall clearly and with all integrity deliver the truth Being permitted by their Lordships to speak to the Questions propounded He proceeded and said That he hath very good cause to remember that upon the 20th of October he went to my Lords Commissioners for the Scotch Treaty at Ripon and upon that day there were two prime Gentlemen of those parts that came and attended the Lords he thinks about business of their own and he supposes only to tender their service to their Lordships That amongst some other Discourses betwixt the Lords and them they mentioned some such Order as this was concerning the relieving of the two Regiments that were for the Guard of Richmondshire and some other of those parts made as they said by the Great Council of the Peers and thereupon that themselves my Lord of Strafford and the rest of the Deputy-Lieutenants had granted out VVarrants for the Assessing of Money for the relieving of those Regiments Those that heard it were startled at the Order being said to be an Order of the Great Council and commanded him the Examinant to inform them VVhether he knew of any such Order he told them He remembers not any such Order and was confident he never drew up any because he never heard any mention of those two Regiments in the Great Council Their Lordships asking him whether he was sure of it he told their Lordships he would look on his Notes and faithfully inform them how the case stood he did so and came back to their Lordships and told them he found nothing in his Notes of these Regiments and while he was there he was confident no Order was drawn up It is true he told their Lordships some Order might be drawn up when he was absent for he was first at Ripon and at York he was oftentimes employed in the Committee to write Letters and Orders and what was done in his absence he could give no answer to but confident he was no Order was made before the 20th of October by him or in his hearing or knowledge Hereupon the Lords desired those two Gentlemen to give them Copies of the Warrants they had sent out And that he the Examinant should take their Testimony which he did this was the Twentieth or Twenty seventh of October which was the last day of the Great Council of the Peers My Lord of Strafford in Council then did take notice that some such thing had been done at Ripon and then said to my Lord that he did conceive he had the Kings Order and their Lordships Approbation for the issuing out of this VVarrant But since he conceived their Lordships disliked it he had taken Copies of it he was very willing to withdraw these Warrants And on Debate there was nothing more done For his part he never drew up an Order nor
was he commanded to draw it up Being Asked on my Lord of Straffords Motion Whether on that last day His Majesty was not pleased to say in the Council That what the Earl of Strafford did in that Affair was with His consent He Answered It is true He did give his consent to it and commanded him to go on with it when he the Earl of Strafford desired if any thing were amiss in it he might call back his Warrant again and that he might easily do it and no hurt would come of it and whether His Majesty did thereupon affirm that my Lord of Strafford had formerly acquainted Him with it and He Commanded him to go on He Answered That it is very true My Lord Deputy appealed to the King VVhether he had not His Majesties Approbation and Order for it and the King said He did acquaint Him with it before the Lords But not to his Knowledge that He commanded him to proceed Being Asked on my Lord of Essex motion VVhether some of the Lords did not take exception at the VVarrant and likewise thought fit it should be called in again He Answered That the Vote generally of the Lords was against the VVarrant but he remembers not any thing said for the recalling of it but they absolutely declined the making of any such VVarrant Being Asked on my Lord of Straffords motion VVhether it was Voted or no He Answered That it was spoken to by several of my Lords but all declined it Being Asked VVhether he had the VVarrant or a true Copy of it He Answered He hath a Copy of that which was delivered him by the two Gentlemen that were then at Ripon and their hands are to it to attest it and he saw them set their hands to it himself Being bid to name the two Gentlemen He said They were Mr. Robert Strickland and Mr. Mallard VVho did affirm That to the best of their remembrance this is a true Copy of the VVarrant sent out to the several Divisions To prove Execution by force Mr. Henry Cholmeley Interrogated What he heard the Earl of Strafford say touching the Vice-Presidents issuing of Warrants He Answered That shortly after my Lord of Straffords coming to York in the Presence-Chamber at York he the Examinant among some other Gentlemen were summoned to be there where my Lord of Strafford speaking of the Trained-Bands occasion was offered by another that was there How the private or common-men should be maintained My Lord of Strafford Answered It had been always the Custom that the private men should serve themselves in person or maintain the charge of them that served for them and the common mens charge is borne by the several Constables in the Towns where they live And he said to His Majesty Sir if you please Mr. Vice-President may or shall the Examinant knows not which send out Warrants to that purpose but whether he sent out any or no he cannot tell William Dowsen Sworn and Interrogated How he hath known those moneys for the Trained-Bands levyed He Answered His Answer being commanded by the Clark the Witnesses having a low voice That Mr. Yaworth Sergeant-Major to Sir William Pennyman came with Four Musketiers to the Lordship of Egton and sent them for Assessors and when the Assessors came they were importuned to have them Assess for they had been unwilling to Assess and if they would not they should answer it before my Lord General and then they consented to Assess and he shewed a Warrant from Sir William Pennyman and gave it to the Constable for the Collection of the Money Being Asked VVhether he threatned That he should serve in person if he did not pay He Answered Yes by Serjeant-Major Yaworth and so he served under Sir William Pennymans Regiment Being Asked on my Lord of Straffords motion VVhether he saw any VVarrant of his He Answered No. Being Asked VVhether the Four Musketiers did not go along with the Constable from place to place to levy the money He Answered Two Musketiers went with every Constable to levy it William Pierson Sworn and Interrogated VVhether Four Musketiers or Soldiers did not come to Collect this Money He Answered Yes And he saw them in the Town go altogether in with the Constables but in the Deales or outsides there went but with each Constable one The Lordship consists of Long Deales distant one from another 12 score and in those out-places one went with a Constable but in the Town all four went Being Interrogated By what VVarrant He Answered That he did see a VVarrant that was receiv'd from Captain Yaiworth under Sir William Pennymans hand and he saw his name at it Sir William Ingram Sworn and Interrogated VVhat he hath heard my Lord of Strafford say touching this business of levying Money and What condition they were in that deny'd to pay it He Answered That soon after the Trained-Bands were Commanded to be drawn forth he found the opportunity and did move my Lord of Strafford acquainting him what Case Soldiers were in For he the Examinant had been with the Soldiers and found them willing to March if they might know how to be maintained the Masters had refused to pay the private men and the Constables said the Parishes were so poor that they could not collect any more money and desired his Lordship would be pleased before they were drawn forth he might know how they should be maintained And his Lordship gave him this Answer That the private men must maintain their Soldiers after the rate of 8 d. a day so long as they were forth else he would Commit them and order should be taken the Soldiers should be maintained after 8 d. a day out of their Estates And commanded him the Examinant to speak to the Constables that Assessments might be made for the maintenance of the Common Army and if any did refuse to pay their parts of an Assessment they should be likewise committed to Prison and lie there and the Common Soldiers should be maintained after the rate of 8 d. a day and he would have men know that refusing to pay such Contribution they were in little better condition than guilty of High-Treason Sir Harry Griffin being Interrogated VVhether my Lord of Strafford sent not Messengers to them that refused to pay this Money Assessed He Answered That indeed he doth not know of any thing concerning the two Regiments of Sir William Pennyman and Sir Thomas Danby but for his own he can speak That about the latter end of August last he was commanded by the Sergeant Mayor-General of the Trained-Bands to advance his Regiment and assoon as they were advanced there issued forth assessments for a whole Monthes pay for his whole Regiment and on this Warrant he received 300 l. or thereabouts but more they would not nor could not pay whereupon he went to my Lord of Strafford and told him He could not keep his Companies together without Money and my Lord bid him go
Regiments that the burden of all might lie equal on all This was his intention and he hopes it was fair and if not as it ought to be yet it was done with a very good heart and justly intended This he moving at that time His Majesty was pleased to assent to it and lik'd it very well and gave direction he should proceed whereupon he said Then if my Lords approve of it he shall see it done accordingly There were diverse of the Lords then said yes and thereupon he took it for granted that it was their Consent If in this he did mistake of their Lordships he humbly craves their pardon it being far from him to prejudice any man living in that relation and that it was so he thinks a Noble Peer then present viz. my Lord of St. Albanes will remember that diverse on the Motion did say yes and thereupon he took it to be a thing granted And that as my Lord of St. Albanes who being gone home indisposed in his health my Lord of Strafford desired he might reserve himself the benefit of his Examination if he shall see cause though he hopes there will be no need of it After this he understanding that some of their Lordships at Rippon were not satisfied because the Great Council was named for the Author of the Warrant the very last day the Great Council sate at Yorke their Lordships being then come back from Rippon he moved it to the King and gave the same Relation there that he makes here before their Lordships desiring to know their pleasure whether the Warrant should be recalled or no for he could then easily do it Nothing being done upon it Under favour some of their Lordships said The Great Council had no power to levy Money To which he Answered That the Warrant was not to levy Money but that the parties concerned should do their duties themselves or otherwise pay the Money At that time it pleased His Majesty to Command him to go on and after the King had spoken no man spake to the contrary and so the Warrant was not recalled but the Moneys were paid voluntarily no force or constraint being put upon any but they took it as a great benefit that they had that favour as for his part he conceived it was And all himself got by it was That by this means himself and all his Tenants and those that had relation to him came to pay their proportionable shares which otherwise should not have paid a Farthing for they were at a great distance in the West-riding and they paid it voluntarily and willingly and when he spake with the Deputy-Lieutenants they all conceived it a benefit and advantage to the Country and it was done with their Consent and a great Ease and a Burden to no man So he acknowledges such a Warrant was granted but nothing of force or constraint Mr. Ro. Strickland Interrogated Whether he conceived not this a great ease to the Country thus to lay the last Fortnights Pay for the two Regiments And stood with his Advise and the Advise of his Lieutenants He Answered That it was very well paid for any thing he knows but the most part of it if it was paid was paid after he came to London But he conceives that if those Regiments must stand or the other March up to their Reliefe it was for the ease of the Country and so he conceived then otherwise he should not have subscribed the Warrant and it had laid heavy on those Divisions where the two Regiments of Sir William Pennyman and Sir Thomas Danby lay who had been undone by it It was done meerly for their Relief without any ill intent whatsoever Sir Edward Osborne Interrogated What he thinks of the Course and Whether he consented not to it as a very great Advantage He Answered The Question being propounded by my Lord Lieutenant to the Deputy Lieutenants Whether two Regiments that lived on the place the Frontier of the North-Riding should be paid by the Countries Contributing or their Charge or the Country to send their Regiments for relief of these two they conceived it was a mighty ease and benefit to the Country to pay the two Regiments and the rest of the Trained-Bands continue For some of them must March 70 miles in way and 70 miles backwards and some of them that lay there never stirred out of their own Towns and therefore they were of opinion It was a marvellous ease Being Asked Whether this Fortnights Pay was voluntarily paid in the Parts where he lived and Whether Force was used He Answered He lived at York altogether and cannot tell But some Officers asking What they should do for the Moneys that are behind for relief of the two Regiments my Lord Answered That which will be willingly and freely paid you must take it that which will not you must let it alone and this was four or five dayes before my Lord of Strafford came from York Sir William Pennyman being Interrogated touching the Convenience and Ease of this Course He Answered That he conceives it very easie and advantagious for else some of the Regiments must have marched 70 miles and it would have taken up a great part of the Charge in the very March My Lord of Strafford added That he would prove it by all the Deputy Lieutenants that were there that no Force or Constraint was put upon any man by him nor is there any proofes to prove Force There be onely two things insisted on One is the Warrant of Sir Edward Osborne that they should pay Money on peril of their Lives He denies that he signed any such Warrant and he is sure there is none under his hand If they have it to show he desires they would shew it if they do not then their Lordships Judgments will acquit him of it The other is Sergeant Major Yowards Warrant and a fellow that tells a Tale of Muskiteers and sayes there was a Warrant of his But he sayes he made no such Warrant he gave no direction for it neither is there any such Warrant shown and he trusts that will acquit him of that too And if there be any thing of Crime in the business it must be that they have been constrained by force to pay the Moneys for if it be voluntarily offered to take or leave this can be no Crime and that there was any force or any Warrant issued by him he denies And by this time he thinks he hath cleared himself against all the matters charged in this Article But he conceives he hath done nothing but that he had Commission and power to do though he never had acquainted the Great Council with it under favour It is true he was alwayes desirous to have the assistance of Men wiser than himself and when there was means or opportunity to gain it he took it But if he had been in Yorkshire all alone having the Power and Commission he then had though
the Warrant is to pay the Money Assessed and if they will not they shall attend so that what is matter of service is turned out of its Course and this is a high abuse of his power which makes that matter of Money which should be matter of Service and by this meanes awes men to pay money The Country on demand of His Majesty did consent to a Moneths pay but my Lord without their consent extends it beyond and pretends an Order to say no more of it when there was no such thing to draw some Deputy-Lieutenants together and when they are drawn to make an Order this must be his Justification of that which is unduely done And this is far from the mitigation of an Offence To do an unjust Act is one thing but it is a great aggravation when it is drawn by pretence of an authority which never was On 27 October the self same day Sir Iohn Burroughs spake of notice taken by their Lordships disclayming the Order for a Warrant And then my Lord acknowledged it to be an Error and it is doubtful whether he would have acknowleged it to be so if it had not been proved so My Lords Commission speaks not of Money and the Statute makes not to this Case it being only That when men are on their Allegiance doing the King faithful service they should not be attainted of High-Treason for doing their duty And the Interpretation his Lordship puts on it is that the duty of the Subject cannot be done to the King without levying money in an unlawful way if the levying of Money or the Imposing of Charges be matter of duty then he gives a Justification of the Charge And whereas he sayes though he had not had command from His Majesty nor Order from the Council of Peers he had power enough to do that which he did it is to be observed that my Lord did not require men first to serve but first to pay money and if they paid not then he Menaces them that they should serve as appears by Sir William Pennymans Warrant and therefore the Warrant might be observed which Sir William Pennyman justifies so unwillingly though in other things he be very forward and for a man to be required to pay Money and if he will not pay it then to perform service is hard for now he comes not on the Kings service but on the displeasure of them that require Money from him and that 's a bad discouragement to them that serve And whereas my Lord sayes nothing is proved or but by single proof their Lordships may be pleased to remember what is proved by Sir Henry Griffin That my Lord said That Money should be levied and he would take a course for it and the same Gentlemen deposes that the Warrant or Order was under my Lord Straffords hand which was the Warrant for them to pay Money It is likewise proved by Sir William Ingram that he said the private men must maintain after 1 d. per day and gave out his Command to the Constables and he would have all men know that those that refused it were in a little better condition than High Treason so that to the first part there is more than a single Testimony The latter part shall be proved by an other Mr. Henry Cholmley being Interrogated What he heard my Lord of Strafford speak concerning Treason in case men pay not that Money or to that effect He Answered That he heard not any thing at all of Treason Cconcerning the not payment Answered That at York at the Mannor-House my Lord of Strafford speaking of the raising of the Trained-Bands said we are all by Law tyed to serve the King in our own persons and if any refuse they are in little better case than Treason he cannot tell whether he said High Treason and they might be severely punished in the Star-Chamhamber And their Lordships may remember Mr. Cholmeleys former Testimony that the Vice-President might or shall send forth Warrants to levy Money And therefore these Gentlemens Testimonies stand without impeachment of that point My Lord sayes Moneys were not levyed by force yet it was proved that for these two Regiments Money was levyed by force for Four Soldiers came to the Town and went with the Constables But he sayes it concerns not him for no Warrant of his was shown Their Lordships will not expect that my Lord of Strafford should give particular Warrants to every Officer his Direction is proved in general his Commands are conveyed and distributed by particular Ministers The Captains look for Commands from them that are above them and they from the Lieutenant-General And Sir William Pennyman conceives the Warrant made out by the Vice-President was by a Warrant from my Lord of Strafford or he had my Lord of Straffords Command So that take that which is under Hand and Seal take what Sir William Pennyman take what Mr. Cholmeley hath spoken it cannot be otherwise but it was done by my Lord of Straffords Command and that is sure without legal Authority and so Mr. Maynard conceived they had made a full proof of this Article For that which concernes the Great Council he desired my Lords Answer might be read where he sayes expresly It was done by order of the Lords of the Great Council And Mr. Maynard humbly prayed that some of the Lords of the Great Council might declare the Truth in that Case But my Lord of Strafford Answered That he confessed it here at the Barr that it is so and must humbly put their Lordships in mind that in his Answer he prayes if any thing be mistaken he may have time to amend it and he doth amend it he confesses it was put in too strongly Mr. Glyn added That they put their Lordships in mind of it that it may not be forgotten After his Lordship was put in mind of it by the Lords of the Great Council he retracts it yet when he comes to Answer he affirms it therefore they think it necessary to put their Lordships in mind of it least he affirm it again Mr. Whitlock observed That my Lord of Strafford had made Justification of his Act here and truely the opinions which he hath here published and declared in the face of the Parliament are sufficient grounds of Condemnation of him He said the other day That in case of necessity the King was loose and absolved from all Rules of Government and that then Money might be levied by Force and that their Lordships very well remembers what that necessity was indeed no necessity at all But whatsoever the necessity is they know no such Tenent as my Lord of Strafford publishes But it is expresly against the Fundamental Lawes of the Kingdom and a meer Course for his bringing in an Arbitrary Power His Lordship said That as he stood qualified he might justifie as much as he hath done Which words are little less than the offence wherewith he is charged
appointed a Etight of the clock A SUMMARY OF THE EVIDENCE Of my Lord of STRAFFORD April 12. THis Day being appointed for the Summing up of the Evidence formerly given on both sides in the Cause concerning my Lord of Strafford The Right Honourable the Lord Steward spake in substance as followeth My Lord of Strafford I am Commanded by my Lords to let you know that they do expect your Lordship will go on in the Order set to sum up your Lordships Evidence and those Gentlemen of the House of Commons will likewise sum up theirs for the Close of Proofes in Matter of Fact and that your Lordship do it with all Clearness and Succinctness avoiding any thing that may give Impediment to the Clear and Fair Proceeding of the Cause which for matter of Fact is come to a Period My Lord of Strafford humbly desired That he might clearly understand what was expected in that case and then he would perfectly obey my Lords in all things adding that he Conceives their Lordships intention is that they shall go upon what hath been alleadged before their Lordships without any new matter to be further alleadged on either side Whereunto my Lord Steward replyed That if there be any new matter God forbid but they might alledge it And my Lord Strafford thereupon Answered That he will offer no New Matter unless it should arise from the other side professing himself ready to be disposed of in all Acts of Obedience to their Lordships And then his Lordship proceeded to Recollect his Evidence in Substance as followeth May it please your Lordships it falls to my turn by your Lordships leave and favour to presume to put you in mind and to represent to you the Proofes as they have been offered which I shall do to the best of my Memory with a great deale of Clearness I shall desire to represent them neither better nor worse then they are in themselves and I wish the like Rule may be observed on the other side For in the proceeding of this Cause I heard them alleadge that as they conceived divers Articles were fully proved Whence I conceive there was nothing fully Proved My Lords my Memory is weak my health hath been impayred and I have not had such quiet thoughts as I desired to have had in a business of so great and weighty importance to me And therefore I shall most humbly beseech your Lordships that by your Wisdom your Justice and Goodness I may be so much bound to you as to have my Infirmities supplyed by your better Abilities better Judgments and better Memories My Lords The Charge I am to Answer is a Charge of High-Treason and that which makes it the most grievous of all it is an Impeachment of Treason from the Honourable House of Commons Were not that in the Case my Lords it would not press so heavy and sore upon me as now it doth having the Authority and Power of their Names upon it Otherwise my Lords the Innocency and the Clearness of my own heart from so Foul a Crime is such that I must with Modesty say if I had no other sin to answer for it would be easily borne My Lords as I went along Article by Article These Gentlemen were pleased to say They were no Treasons in themselves but Conducing to the Proof of Treason and most of the Articles being gone over they come to the Point at last And hence my Lords I have all along watched to see if that I could find that Poysoned Arrow that should Invenome all the rest that Deadly Cup of Wine that should intoxicate a few alledged Inconveniences and Misdemeanors to run them up to High Treason My Lords I confess it seems very strange to me that there being a special difference between Misdemeanors and between Felonies and Treasons How is it possible that ever Misdemeanors should make Felonies or a hundred Felonies make a Treason Or that Misdemeanors should be made Accessaryes to Treason where there is not a Principal in the Case No Treason I hope shall be found in me nor in any thing I hear to be charged under favour and not waved They say well That if a man be taken threatning of a man to kill him Conspiring his death and with a Bloody Knife in his hand these be great Arguments to convince a man of Murder But then under favour the man must be killed for if the man be not killed the murder is nothing So all these things that they would make conduce to Treason unless something be Treasonable under favour they cannot be applyed to Treason My Lords I have learnt that in this Case which I did not know before that there be Treasons of two kinds there be Statute-Treasons there be Treasons at Common-Law or Treasons Constructive and Arbitrary My Lords These Constructive Treasons have been strangers in this Common-wealth a great while and I trust shall be still by your Lordships Wisdom and Justice But as for Treasons in the Statute I do with all gladness and humility acknowledge your Lordships to be my Judges and none but you under favour can be my Judges His Majesty is above it the King Condemns no Man the great operation of His Scepter is Mercy His Justice is dispensed by His Ministry so He is no Judge in the Case with Reverence be it spoken and likewise no Commoner can be Judge in the Case of Life and Death under favour in regard he is of another Body So that my Lords I do acknowledge entirely you are my Judges and do with all chearfulness in the World submit my self unto you thinking that I have great cause to give God thanks that I have you for my Judges and God be praised it is so and Celebrated be the Wisdom of our Ancestors that have so ordained it My Lords I shall observe these Rules First I shall as I hope clear my self of Statute Treason and then shall come to Constructive Treason or Treason at the Common-Law The first point they Charge me withal of Treason is upon the Fifteenth Article Wherein neverthess before I come to Answer the Particulars I must humbly inform your Lordships that in that Article two of the most material Charges are waved in the first part that piece of the Charge that sounds so high concerning a Miscarriage in me in Levying Money upon the Towns of Baltemore Bandenbridge Talow of that I hear nothing and I shall mention it only thus farr humbly to remember your Lordships that in that particular I trust I have spoken nothing that I should merit less belief of your Lordships For my part it is far from me to put you upon any prejudice by any means whatsoever I look onely to the preserving of my self if it may be without prejudice and hurt to any living Soul Then they likewise wave another piece of the Charge and that is that I should by force of Armes dispossess divers persons in the Territory of Idengh and well they may for in truth
doth cease nay he says that in War Inter Arma silent Leges Now my Lords these are as highly said as any thing you have heard by me and yet certainly is no subverting of the Fundamental Laws for all that and therefore if a man must be judged he must not be judged by pieces but by all together My Lords Whatsoever I said at Council-Board was led in by this Case what a King should do in case of a Foreign Invasion of an Enemy when the ordinary wayes and means of levying Money would not come in seasonably to prevent mischief for what a King may do in case of absolute necessity certainly in these cases the ordinary Rules do not take place as this was the Case that let in the Discourse so I most humbly beseech your Lordships for it is fully proved to remember what was the conclusion of that Discourse which was That after the present occasion provided for the King was obliged in Honor and Justice to vindicate and free the Liberty of the Subject from all prejudice and harm it might sustain in that extraordinary occasion and that this was to be done by a Parliament and no other way but a Parliament and the King and his People could never be happy till the Prerogative of the Crown and the Liberty of the Subject were so bounded and known that they might goe hand in hand together mutually to the assistance of one another My Lords give me that which precedes and that which follows both being proved to be the Case in these words in the Charge I think considering these two I should be far from having committed any great crime or offence in saying these words But I say as I said before I shall be more wary for the time hereafter if it please God to give me that Grace and Life which I submit to him and shall readily and willingly resign to his good Will and Pleasure I conceive therefore that as these words are accompanied they be not words that do amount to Treason and are so qualifyed and so weakly proved that I trust they shall not stick with your Lordships The next words that I am charged withal in England be on the 25th Article and that is that I should say that the Aldermen that would not give in the names of the able men of the City deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up In the first part of the Article there is something concerning my advice for raising the Money but it is not proved that I did any thing therein but as others did and as in former years had been done before my coming into the Kingdom For the words that they deserved Fine and Ransome I confess them in my Answer just in the same manner as my Lord of Berkshire was pleased to testify them the other day that is That if they should not do the thing desired they might in my opinion be liable to Fine and Ransome And my Lords admit I were mistaken in my opinion shall it be a Treason to be mistaken I say in my opinion they might be lyable to Fine and Ransome but what is this to Treason Under favour nothing at all as I conceive For the other part that it would never be well till some of the Aldermen be hanged it proves to be testified by Mr. Alderman Garroway and he owns it only for himself for it was not that some of the Aldermen should be hanged but he said at the Bar till he himself were hanged My Lords This is a single Testimony and these words as he says were by me spoken to the King at the Council-Board That it would never be well till some of them were hanged meaning himself truly my Lords I thank God I never spake such unmannerly Language all the dayes of my life I have had more regard to my words than to say such things to my Master and your Lordships must needs be many of you by and I am very confident there is not one among you that can remember any such words were spoke for in good faith I did not speak them And my Lords before this misfortune did befall me I should with modesty have thought my self a person on equal terms to have been believed as well as Mr. Garraway and I speak it with as great confidence as he that I never spake the words My Lords The next is the 26th Article and that is that I should say the City of London dealt undutifully with the King and they were more ready to help the Rebels than to help His Majesty and if any hurt came to them they might thank themselves My Lords I am in the first part of this Article charged to have counselled and approved two dangerous and wicked Projects the one concerning the stay of the Bullion in the Tower the other concernin Copper-coyn and no proof hath been offered that I either compelled or approved either of those two Projects And my Lords it is proved to your Lordships that when the Merchants came I told them I knew nothing of the business as to the Bullion neither indeed did I ever know there was any Bullion nor any thing of that nature in the Tower But for the words I conceive it had been no Treason for me to think at that time that the Londoners had dealt unthankfully with His Majesty I thought I might have said it freely without danger of such a thought as might conduce to the convicting me of Treason But whatsoever I then thought or on what grounds soever it may be remembred that then I alledged and now I speak it when news was brought to York that the City had sent the King Two hundred thousand pounds I took notice that notwithstanding all I had thought formerly they nad now made such recompence and so cleared their Faith and Duty to the King that I should be their servant and lay my hand under their feet as those that heard me are able to speak for though at first I said they had dealt unthanfully with the King yet afterwards I was ready and willing upon all occasions to testify the contrary of them and to profess that I was ready to serve them upon all occasions just and honest and honourable As for my saying that they were readier to help the Rebels than the King In truth I am a man that cannot justify a thing I do not approve I must needs say it was an unadvised Speech and I wish I had not spoke it it seems I did speak it for I have reason to believe honest men when they Swear though in truth I remember it not but I have no reason or cause to think they would take an Oath otherwise then truth I have no exception to the Men and therefore upon their words I must Credit them before my own memory but it
faithfulness protected his Ancestry Himself and his whole Family It was not Malum quia prohibitum it was Malum in se against the Dictates of the dullest Conscience against the Light of Nature they not having a Law were a Law to themselves Besides this he knew a Law without that the Parliament in Cases of this Nature had Potestatem vitae necis Nay he well knew that he offended the Promulged and Ordinary Rules of Law Crimes against Law have been Proved have been Confessed so that the Question is not De culpa sed de poena What degree of Punishment those Faults deserve We must differ from him in Opinion That twenty Felonies cannot make a Treason if it be meant of equallity in the use of the Legislative Power for he that deserves death for one of these Felonies alone deserves a Death more Painful and more Ignominious for all together Every Felony is punished with loss of Life Lands and Goods a Felony may be aggravated with those Circumstances as that the Parliament with good reason may add to the Circumstances of Punishment as was done in the Case of Iohn Hall in the Parliament of the 1 H. 4. who for a Barbarous Murder committed upon the Duke of Glocester Stifling him between two Feather-Beds at Calice was Adjudged to be Hanged Drawn and Quartered Batteries by Law are only punishable by Fine and single Damages to the Party Wounded In the Parliament held in 1 H. 4. Cap. 6. one Savage committed a Battery upon one Chedder Servant to Sir Iohn Brooke a Knight of the Parliament for Somersetshire It 's there Enacted that he shall pay double Damages and stand Convicted if he render not himself by such a time The manner of proceedings quickned and the penalty doubled the Circumstances were considered it concerned the Common-Wealth it was a Battery with Breach of Priviledge of Parliament This made a perpetual Act no warning to the first Offender and in the Kings Bench as appears by the Book-Case of 9 H. 4. the first leaf Double Damages were recovered My Lords in this of the Bill the Offence is High and General against the King and the Common-wealth against all and the best of all If every Felony be loss of Life Lands and Goods What is Misuser of the Legislative Power by Addition of Ignominy in the Death and Disposal of the Lands to the Crown the Publick Patrimony of the Kingdom But it was hoped that your Lordships had no more skill in the Art of killing Men then your worthy Ancestors My Lords this Appeal from your selves to your Ancestors we do admit of although we do not admit of that from your Lordships to the Peers of Ireland He hath appealed to them your Lordships will be pleased to hear what Judgment they have already given in the case that is the several Attainders of Treason in Parliament after the Statute of 25 E. 3. for Treasons not mentioned nor within that Statute and those upon the first Offenders without warning given By the Statute of 25 E. 3. it 's Treason to levy War against the King Gomines and Weston afterwards in Parliament in the 1 R. 2. n. 38 39 adjudged Traytors for surrendring two several Castles in France only out of fear without any Compliance with the Enemy this not within the Statute of 25th E. 3. My Lords In the 3 d of Rich. 2d. Iohn Imperiall that came into England upon Letters of Safe Conduct as an Agent for the State of Genoa sitting in the evening before his door in Breadstreet as the words of the Records are Paulo ante ignitegium Iohn Kirkby and another Citizen coming that way Casually Kirkby troad upon his Toe it being twilight this grew to a Quarrel and the Ambassador was slain Kirkby was Indicted of High-Treason the Indictment finds all this and that it was only done se defendendo and without malice The Judges it being out of the Statute 25 E. 3. could not proceed the Parliament declared it Treason and Judgment afterwards of High-Treason there 's nothing can bring this within the Statute of 25 E. 3. but it concerns the Honor of the Nation that the Publick Faith should be strictly kept It might endanger the Traffique of the Kingdom they made not a Law first they made the first man an Example this is in the Parliament-Roll 3 R. 2. Number 18. and Hillary Terme 3 R. 2. Rot. 31. in the Kings-Bench where Judgment is given against him In 11 R. 2. Tresilian and some others attainted of Treason for delivering Opinions in the Subversion of the Law and some others for plotting the like My Lords the Case hath upon another occasion been opened to your Lordships only this is observable that in the Parliament of the first year of Henry the Third where all Treasons are again reduced to the Statute of 25 E. 3. These Attainders were by a particular Act confirmed and made good that the memory thereof might be transmitted to succeeding Ages they stand good unto this day the offences there as here were the endeavouring the Subversion of the Laws My Lords after the 1 H. 4. Sir Iohn Mortimer being committed to the Tower upon suspition of Treason brake Prison and made his escape This no way within any Statute or any former Judgment at Common-Law for this that is for breaking the Prison only and no other cause in the Parliament held the second year of Henry the Sixth he was attainted of High-Treason by Bill My Lords Poysoning is only Murder yet one Richard Cooke having put Poyson into a Pot of Pottage in the Kitchin of the Bishop of Rochester whereof two persons dyed he 's Attainted of Treason and it was Enacted that he should be Boyled to Death by the Statute of 22 H. 8. c. 9. By the Statute of the 25 H. 8. Elizabeth Barton the Holy Maid of Kent for pretending Revelations from God That God was highly displeased with the King for being Divorced from the Lady Katherine and that in case he persisted in the Separation and should Marry another that he would not continue King not above one Moneth after because this tended to the depriving of the lawful Succession to the Crown she is Attainted of Treason My Lords all these Attainders for ought I know are in force at this day The Statutes of the First year of Henry the 4 th and the First of Queen Mary although they were willing to make the Statute of 25 E. 3. the Rule to the Inferiour Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative power had been exercised There 's nothing in them whence it can be gathered but that they intended to leave it as free for the future My Lords In all these Attainders there were Crimes and Offences against the Law they thought it not unjust Circumstances considered to heighten and add to the degrees of punishment and that upon the first Offender My Lords we receive as just the other Lawes
and Statutes made by these our Ancestors they are the Rules we go by in other Cases Why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships Upon the Close of Mr. St. Iohns Speech the House Adjourned nor was there one word spoken but by Master St. Iohns onely the Lord Lieutenant used the last part of his Rhetorick and by a dumb Eloquence Manibus ad sydera tensis often holding up his hands towards Heaven all along Mr. St. Iohns Speech made his Replies with a deep silence Upon Fryday April the 30th he Petitioned the Lords to be heard again alleadging That his Lawyers had not fully spoken at their last meeting but this was denyed him because the House of Commons were to have the last Speech nor were they content to speak again The following SPEECH of Mr. Glyns is by a Mistake Misplaced for it ought to be next to my Lords Summary of the Evidence Mr. GLYN'S REPLY TO THE Earl of Strafford's DEFENCE My Lord of Strafford having concluded the Recapitulation of his Evidence Mr. Glyn applyed himself to their Lordships in manner following May it please your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any we shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Laws of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hath made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships looking upon your Notes and observing his recollection that he hath used the repetition of Evidence on both sides in such manner as you know who useth Scripture that is to cite as much as makes for his purpose and leave out the rest And likewise that in repetition of the Evidence he hath mis-recited plainly very much of the proofs on both sides and likewise hath pretended some proofs to be for his Defence which indeed were not and he hath taken this farther advantage when it makes for his Defence he hath disjoynted the Proofs and Testimonies and severed them asunder that it might appear to your Lordships like Rain falling in drops which considered in distinct drops bring no horror or seeming inconvenience with them but when they are gathered together into an entire body they make an Inundation and cover the face of the earth He would not have your Lordships look on those Testimonies together but distinctly and asunder which being put together look horrid as will appear to your Lordships when you duly consider of them These be the general observations which in my Answer I doubt not but to make good But before I shall enter into observations of what he hath spoken I shall answer in general to some things which he hath in general alledged In the first place he hath made a flourish this day and several other days in the way of his Defence That if he could have had longer time he could have made things appear clearer and have produced more proofs Give me leave to inform your Lordships that he is no way streightned of time for he hath been charged above three months since he knew what was laid to his Charge and therefore his pretence of want of time and of his disabilities to make better proofs are but flourishes And it appears plainly whatsoever he hath had occasion to make use of even the least paper though he fetched it from Ireland there is not one wanting he hath copies of Papers from the Council-Table from the Parliament of Ireland and all that may any way tend to his justification and yet he stands upon that flourish that if he had had time he could have made it more clear My Lords He hath mentioned often this day and oftner the days before That many of the Articles laid to his charge are proved but by one Witness and thereupon he takes the advantage of the Statute of E. 6. that sayes A man ought not to be condemned for High Treason without two witnesses My Lords This is a fallacy known to his own breast I doubt not and not taught him by any of his Counsel or others Learned The Treason laid to his charge is The subverting of the Laws the Evidence is the Article proved and though some one Article appears to be proved but by one yet put the Evidence together you shall never find it to be within the words or meaning of the Statute for the Charge is proved by a hundred Witnesses and because one part of the Evidence is proved only by one Witness since when you put them together you will find a hundred Witnesses it is not within the words nor meaning of the Statute neither will his Counsel direct him to say so I am confident My Lords another observation I shall be bold to make is that he was pleased to cast an aspersion as we must apprehend upon them that are trusted by the House of Commons this day That we that stand here alledged and affirmed things to be proved that are not proved He might have pleased to have spared that language we stand here to justify our selves that we do not use to express any language
but what our hearts and consciences tell us is true and howsoever he is pleased to cast it upon us I am confident I shall invert it upon himself and make it appear that he hath been this day guilty in the highest degree of what he most unjustly layeth to our charge And now my Lords to enter upon the particulars he hath been pleased to make it his general Theme to day though he hath not spoke much to day but what he hath spoken formerly that these particulars considered by themselves make not a Treason and therefore put together he wonders how they should make a Treason Several misdemeanors can never make a murther and several Murthers can never make a Treason and he wonders it should be otherwise in this Case My Lords He did instance it if my memory fails not in a Case of Felony That if a bloudy knife should be produced in the hand of the party suspected to have slain the man if the party had been there seen before the death it were a strange Evidence but there must be death in the case the fact must be committed else there can be no murther but he himself might answer himself for there is a great difference There cannot be murther but there must be death but he knows very well there may be Treason and yet no death it is too late to forbear questioning Treason for killing the King till the King be killed God forbid we should stay in that Case for the very intention is the Treason and it is the intention of the death of the Law that is in question and it had been too late to call him to question to answer with his life for the death of the Law if the Law had been killed for there had been no Law then and how should the Law then have adjudged it Treason when the same were subverted and destroyed and therefore he is much mistaken The greatest Traitor in the memory of any that sits here to hear me this day had a better a fairer excuse in thisparticular than my Lord of Strafford and that is Guido Faux for he might have objected that the taking of the Cellar the laying of the Powder under the Parliament-House the kindling of the Match and putting it near are not so much as a misdemeanor if you look no further for it was no offence in him to lay Barrels under the Parliament-House and to kindle the Match and to lay it near but collect all together that it was eâ intentione to blow up the King and the State there is the Treason but God be blessed it was not effected so that the rule is the same Nay my Lord of Strafford hath not so much to say when he is charged with a purpose and intention to subvert the Law for to that purpose gave he traiterous Counsels and executed actions thereby discovering his intentions to destroy the Kingdom and to destroy the Kings claim by Law and discent It is true they were not put in execution but they declared his intentions therefore this gives an answer to his first flourish which is not so great an Argument as the greatest Traytor might use for himself and yet it proved Treason in him My Lords he hath been plased to divide his Treasons into two parts and his division I allow of that is Treason by Statute-Law as he terms it though it be Treason by the Common-Law and constructive Treason And upon that method he hath recited the evidence produced on either part Give me leave to follow and trace him a little and afterwards to discharge my own duty in taking my own course and representing the evidence as it appears truly and I will avoid as much as I can to fall into my Lord of Straffords error in mis-reciting a Particle if I do it shall be against my will He begins with the Fifteenth Article and pretends that that is not proved The ground and foundation of that Article was a Warrant issued out by himself to a Sergeant at Arms one Savill which gave directions and power to that Sergeant to lay Soldiers on any person that should contemn the Process of the Council-board in Ireland that was the effect Now says he this Warrant is not produced and adds That the Iudges will tell your Lordships that if a man be charged with anything under Hand and Seal the Deed must be produced and proved or else no credit is to be given to it Truly my Lords it is true if it had been a Bond or a Deed where those that Seal it use to call their neighbors to testify and be Witnesses to it perhaps it might be a colourable answer that because we do not produce the Deed and prove it by Witnesses you can therefore give no credit to it But my Lords in case of authority to commit High Treason I suppose my Lord of Strafford nor any other did call witnesses to prove the Signing Sealing and Delivering of the Warrant for execution of High Treason and therefore it is a new way and invention found out by his Lordship for ought I see to commit High Treason and to give authority for it and it is but taking away the original Warrant and he shall never be touched for any Treason But I beseech your Lordships patience till I come to open that Article and your Lordships will find the Warrant though it be not produced proved by three or four Witnesses and his Hand and Seal proved too And whereas he pretends the Sergeant at Arms is no competent Witness because he excuses himself my Lord mistakes himself for I take it to be no excuse to prove a Warrant from any person whatsoever if it be to commit High Treason and therefore Savil's testimony is the more strong being so far from excusing that he doth accuse himself And though he is charged with laying of Soldiers upon the Kings people contrary to an express Act of Parliament made in 18 H. 6. yet my Lord is pleased I know not how to term it whether it be merrily or otherwise to use his Retorick Here is a great levying of War when there is not above four Musquetiers or six at most laid upon any one man My Lords it is a plain levying of War and without all question and in all sense it is as much mischievous to me to be surprized by four or six Musquetiers to enforce me to any thing they would have as if there were an Army of Forty thousand brought upon me for if that strength will but over-master me it is all one to me whether I be mastered by four or by four thousand And therefore let not this be a rule that to send four or six or ten Musquetiers up and down is not considerable because of the smalness of the number the danger is the same yet this is no levying of War because they goe not in Troops of greater number as it pleases my Lord of Strafford to affirm My Lords Your Lordships remember
what the effect of the Warrant is sworn to be that howsoever the Sergeant at Arms and his Ministers that executed it brought but four or six or ten yet the Sergeant might have brought all the Army of Ireland for there was authority so to do And admitting the matter of Fact proved he mentions an Act of Parliament made 11 Eliz. whereby a penalty is laid upon men that shall lay Soldiers on the Kings Subjects and yet as my Lord observes it must now be Treason in the Deputy My Lords The very casting of an eye upon that Act shews it to be as vainly objected as if he had said nothing for in truth it is no other than as if he should say The King hath given me the Command of an Army in Ireland and therefore I may turn them upon the bowels of the Kings Subjects It is no more in effect Your Lordships heard him the other day mentioning two Acts of Repeal and I expected he would have insisted upon them but it seems he hath been better advised and thinks them not worthy repetition nor indeed are they And if the matter of Fact be proved upon the Fifteenth Article I am confident he will find the Statute of 18 H. 6. to be of ful force My Lords I am very sorry to hear that when levying of War upon the Kings Subjects is in agitation and he charged with High Treason he should make mention of the Yorkshire men and the Army now on foot whereby he would insinuate that if he be charged with High Treason then they must be likewise though they lye quartered and have meat and drink with the assent of the people which may breed ill blood for ought I know From the Fifteenth Article he descends to the three and twentieth and that is the Article whereby he stands charged with speaking of Words and giving of Counsel to His Majesty to incense him against His Parliament pretending a necessity and telling him he is loose and absolved from all rules of Government that he had an Army in Ireland which he might make use of to reduce this kingdom In this he is pleased to begin with the Testimony of my Lord Ranelagh conceiving an apprehension and fear in him that the Army should go over to England which my Lord says is no more but his saying and Mr. Treasurer Vane ' s. I pray God my Lord Ranelagh had not much cause to fear but by the same rule he may lay a charge of unwarrantable fear upon all the Commons for sure the Commons of England did fear it else they would not make an Article of it but my Lord Ranelagh's fear did not arise from a slight cause and he shewed himself a good Common-wealths man in expressing it and he is to be commended for it howsoever it be apprehended by my Lord of Strafford For his observation of the single Testimony of Mr. Treasurer Vane give me leave to take the same latitude as his Lordship did for he shews to three or four Articles what he could have proved as to the Article concerning the Army he could have proved the design of it by Sir John Burlacy and some others if they had been here But by this rule and liberty he hath taken to alledge what he could have shown give me leave to tell you what we might have shown and are ready to show we could have made it express and proved it by Notes taken by Secretary Vane the 5th of May when the words were spoken which Notes should have been proved if we had proceeded on the Three and twentieth Article to corroborate the Testimony of Mr. Secretary Vane and that by two Witnesses We could likewise have shown how we came to the knowledge of it it being by means unknown to Mr. Secretary Vane and have made him an upright Counsellor and Witness but we shall prove his intentions to bring in the Irish Army another way when I come to open my own course and method My Lords he pretends these words were spoken the 5th of May but when they were testified by Mr. Treasurer he did not speak of the 5th of May and yet now my Lord remembers the day and I wonder how he came to the knowledge of the day unless he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a month after This my Lords is plainly answered and if he had thought of his own answer he had answered himself for he tels you That in April before he had taken a course for the levying of the Army he had nominated the Officers giving direction for raising it and the day of the Rendezvous of the Army was appointed the 18th of May. And so in his own answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the seven and twentieth Article whereby he stands charged with Levying Money by force upon the Kings people in Yorkshire he is pleased to observe that all the proofe for the maintenance of that Article is only the levying of Money by four Soldiers by Sergeant-Major Yaworth where he is pleased to disdain the War because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the Warrant was not from him I shall reserve that till I come to the Article and when I come to the proofs I believe it will remain fixed upon him And there he left his Statute-Treason and now he falls to the second kind of Treason and that was the introductive or constructive Treason He begins with the third Article that is concerning some words that he should be charged to have spoken in Ireland and I shall desire that your Lordships would be pleased to look upon your Notes how he answers that Article My Lords says he I am charged to say that Ireland was a conquered Nation and that their Charters were nothing worth and bind the King no further than he pleaseth therefore I am a Traitor because I speak the Truth There was his Answer in his Collection And for their Charters he sayes he might very well say so for he intended it no otherwise but according to the validity of them for they were several ways questionable and ought not to bind unless they were good in Law But if you look upon his Arguments he hath like a cunning Orator omitted the principal part of the Article and that is That Ireland is a conquered Nation and they were to be governed as the King pleaseth the King might do with them what he list this he omits although they be proved by three witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the
the Subject but then he goes into Ireland and as his authority increases so he ampliates his design and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principal City of Ireland presented the Mayor upon a solemn Speech and Discourse concerning the Laws and Liberties as your Lordships know that is the subject matter of a Speech at such presentments as when the Lord Mayor of London is presented to the King I beseech your Lordship observe the words he then used They were a conquered Nation and that we lay not to his charge but they were to be governed as the King pleases their Charters were nothing worth and bind but during the Kings pleasure I am to seek if I were to express an Arbitrary Power and Tyrannical Government how to express it in finer words and more significant terms than these That the people shall be governed at the Kings Will that their Charters the sinews and ligatures of their Liberties Lands and Estates should be nothing worth and bind no longer than the Kings pleasure especially being spoken upon such an occasion and the words proved by two or three Witnesses of credit and quality From thence we descend to Articles that shew the execution of his purpose There are three things a man enjoys by the protection of the Law that is his Life his Liberty and his Estate And now my Lords observe how he invades and exercises a Tyrannical Jurisdiction and Arbitrary Government over them all three I shall begin with the fifth Article that is concerning my Lord Mountnorris and Denwit My Lord Mountnorris a Peer of that Realm was sentenced to death by procurement of my Lord of Strafford who howsoeve he pretends himself not to be a Judge in the cause yet how far he was an Abettor and Procurer and Countenancer and drawer on of that Sentence your Lordships very well remember he was sentenced to death without Law for speaking words at a private Table God knows of no manner of consequence in the world concerning the treading upon my Lord of Strafford ' s Toe the Sentence procured seven months after the words spoken and contrary to Law and himself being put in mind of it my Lord Mountnorris desiring to have the benefit of the Law and yet he refusing it And then it was in time of Peace when all the Courts of Justice were open and to sentence a man to death of that quality my Lord of Strafford himself being present an author a drawer on of it makes it very hainous Your Lordships remember this Article was fully proved and though he pretends His Authority by a Letter from His Majesty I shall in due time give a full answer to that so that it shall rise up in judgement against him to aggravate his offence and that in a great measure Here he exercises a Power over Life his excuse was That he procured a Pardon from my Lord Mountnorris but the Power was exercised and the Tyranny appeared to be the more He would first sentence him to death and then rejoyce in his Power that he might say There remains no more but my command to the Provost Marshal to do execution To exercise a power over his life and to abuse him afterwards is very high but no thanks to him that the sentence of death was not executed it was the Grace and Goodness of His Majesty that would not suffer my Lord Mountnorris a person of that Eminence to be put to death against Law But the other was hanged and as appears against Law and though my Lord pretends the party was burnt in the hand yet that was not proved nor material and for him to do this in time of Peace when the Courts of Justice were open it argues a desire in his Breast to arrogate a Power above Law And in truth I may not omit some observations that my Lord made this day He hopes His Majesty would be pleased to grant him a Pardon I perceive he harboured in this thoughts that he might hang the Kings Subjects when he would and then get a Pardon of course for it The Lord bless me from his jurisdiction My Lords give me leave to goe back again here is Power over the Lives and Liberties of the Subject but he exercised likewise a Tyrannical Power over his Estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Cork's Estate in neither Church-land nor Plantation-land and therefore had no pretence of a Jurisdiction for it is a Lay Fee divolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for Twenty nine years upon a Paper-Petition without rules of Law And whereas my Lord of Cork went about to redeem himself the Law being every man's inheritance and that which he ought to enjoy he tels him He will lay him by the heels if he withdraw not his Process and so when he hath judged him against an express Act of Parliament and Instructions and bound up a great Peer of the Realm he will not suffer him to redeem that wrong without a threat of laying him by the heels and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equal to an Act of Parliament which are words of that nature that higher cannot be spoken to declare an intention to proceed in an Arbitrary way The next was in my Lord Mountnorris his Case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a Petition to my Lord Deputy my Lord Deputy himself judges his Estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegal action but he cannot produce a precedent that ever any Deputy did determine concerning a mans private Estate and if he hath affirmed it he proved it not some Petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of Land yet he did it To the Seventh Article we produce no Evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will do so I refer it to the Book in print where he determines the Inheritance of a Nobleman in that Kingdom that is my Lord Dillon by a Case falsly drawn and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not known that we had matter enough against my Lord of Strafford this should have risen in judgement against him but I had not mentioned it now if he had not mentioned it
by two witnesses concerning the Kings being loose and absolved from rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary power above the Law in this Kingdom will upon the proofs putting them altogether and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his people was loose and absolved from all rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his people for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly My Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were against the will of the Subject and he doubts not but the Parliament would give What Twelve Subsidies and your Lordships very well remember Twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a Warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this design beforehand in his thoughts Now the Parliament being broken before answer to the Demand given he vents his Counsel in the Three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper-money to be advised and now comes he to tell the King that the Aldermen of London must be put to Fine and Ransome and laid by the heels and no good would be done till some of them be hanged so you hear his advice I beseech your Lordships observe what success this advice took Four Aldermen were instantly committed and then the Counsel of the Three and twentieth Article is fomented First He foments the War then there is a necessity the defection of the Parliament must set the King loose from rules of Government and now see whether the occasion of the War the calling of the Parliament the dissolving of it be not adequate to what he propounded to himself namely to set up an Arbitrary Government Your Lordships remember how fresh my Lord of Bristols memory is touching my Lord of Straffords opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristol instantly within three or four days after That the King was not to be mastered by the frowardness of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lords own Brother that knew much of his Counsel and his words are That the English Nation would never be well till they were conquered over again So my Lords put all together if he declared his own intentions if actions in executing this Tyrannical and Arbitrary Power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient Evidence to prove an intention and desire to subvert the Law I know not what can prove such an interpretation and now I refer it to your Lordships judgements whether here be not a good proof of the Article laid to his chage My Lords in the Seven and twentieth Article he is charged with levying of War upon the Kings people by forcing them in Yorkshire to pay Money to prove they were so forced you have heard by two witnesses that Sergeant Major Yaworth by Musquetiers four together in the Town and one by one out of the Town did compel them to pay the fortnights contribution else they were to serve in person That he did this by Warrant is likewise confessed by Sir William Pennyman and whether this were an authority derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sir William Pennyman himself being examined alledged that the Warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before-hand as is proved by two witnesses Sir William Ingram and Mr. Cholmley that this Money should be paid or levied on the Subjects Goods Then his Declaration
to Sir William Pennyman in pursuance of which he made his Warrant That it was the assent of the Lords of the great Council that this Money should be levied and taking all together whether it fixes it not upon him to be the Author and Instrument it rests in your judgements in point of fact and so I suppose the Seven and twentieth Article rests on him and so I shall conclude the Evidence produced on the behalf of the Commons And now give me leave to put your Lordships in mind of some Evidences offered by my Lord Strafford himself in his Answer and in the passages of his Defence for his clearing and justification but tending directly to his condemnation I will enter upon some passages he mentioned to day and often before When he is charged with invading the Estates of the Peers of the kingdom of Ireland and determining them upon Paper Petitions in an Arbitrary way your Lordships have heard him speak it before and repeat it this day That he did it out of compassion for the more expeditious proceeding on behalfe of the poor against these mighty But then my Lords I beseech you compare some other part of his proceedings Your Lordships remember the business of the Flax which concerns the poor wholly and universally and if compassion had been the rule and direction of his actions towards the poor surely this would have been a just cause to have commiserated them in this case but he exercised his power over them and over them wholly and over them universally and therefore it shews it is not his compassion to the poor nor respect to the rich or mighty that will any way restrain or obstruct his ways to his own Will And thefore you may see what truth there is in his answer by comparing one part of the charge with another when the business of the Flax brought that calamity upon the Kings Subjects that thousands of them perished for lack of Bread and dyed in Ditches Secondly Your Lordships have often heard him use a Rhetorical insinuatian wondring that he should be charged with words and they strained so high as to be made Treason to question his Life and Posterity though the words might be spoken unadvisedly or in discourse or by chance Your Lordships remember the Fifth Article touching his proceedings against my Lord Mountnorris where words were spoken in an ordinary discourse at dinner and slight ones God knows of no consequence at all such as another man would scarce have harkened after and yet my Lord extends them to the taking away of my Lord Mountnorris his life gets a sentence of death against him and that against Law with a high hand in such a manner as I think your Lordships have not heard the like and therefore I beseech you compare one part of his Answer with another and see how ready he is to make use of any thing that may excuse himself and yet when he comes to act his power you see his exercise of it You have heard how he magnifies his Zeal for advancing the Kings Benefit and Revenue and his care of his Service and would shelter and protect himself under it to justify an exorbitant action but if your Lordships call to mind the business of the Customs for Tobacco which in truth were the Kings right and due and a great profit was thereby advanced and he trusted to advance it The King must loose of his former Rents in the case of Custom and received a small Rent in the case of Tobacco my Lord himself in the mean time imbursing such vast sums of Money where is then the discharge of his Trust where is his care to advance the Kings Rents to increase his Revenue Compare that part of his Answer with this and see what credit is to be given to his affirmation My Lords throughout the passages of his discourse he insinuates and never more than this day with the Peers of the Realm magnifying them almost to Idolatry and yet my Lords when he was in his Kingdom in Ireland and had power over them what respect shewed he then to the Peers of the Kingdom when he judged some to death trampled upon others in misery committed them to prison and seized on their Estates where then was the Peerage he now magnifies And to shew it was an insinuation for his own advantage you may remember when there was an unlawful Act to be committed that is the levying of Money in the North What regard had he then to the Peers of the Kingdom when he comes to justify and boulster up High Treason it self under the name and authority of the Great Council where most of the Peers of the Realm then were and so by this time I know what credit your Lordships give to his words spoken when he lies under your Mercy and Power but what do I speak of the Peers of the Kingdom and his using of them My Lords he spared not his Sovereign His Majesty in His whole Defence for being charged with offences of a high nature he justifies those offences under the pretence and under the authority of His Majesty our Gracious King and Sovereign even Murther it self in the Case of Denwit and my Lord Mountnorris Treason it self in the Fifteenth Article by a Command in Ireland and in the Seven and twentieth by a pretended authority from His Majesty in the face of His People he justifies my Lord Mountnorris his sentence by a Letter from His Majesty Denwits Sentence by a Commission from His Majesty and he read three or four clauses to that purpose My Lords my Lord of Strafford doth very well know and if he doth not know it I have a Witness to produce against him which I will not examine but refer it to his own Conscience that is The Petition of Right that the Kings Servants are to serve him according to Law and no otherwise he very well knew if an unlawful act be committed especially to a degree of Treason and Murder the Kings Authority and Warrant produced is no justification at all So then my Lords to mention the Kings name to justify an unlawful act in that way can do him no good and his own understanding knows it may do the King harm if we had not so Gracious a King that no such thing can do harm unto But my Lords to produce the Kings Warrant to justify his actions under his Patent and Command what is it else but so far as in him lies in the face of his people to raise a cloud and exhale a vapour To interpose betwixt the King and his Subjects whereby the splendor of his Glory and Justice cannot be discovered to his people My Lords what is it else when the people make complaint against the Ministers that should execute justice of their oppression and slavery and bondage For the Minister when he is questioned to justify this under the Kings Authority what is it I say but as much as in that Minister lies
talk of an Arbitrary Government look upon these Orders here is an Arbitrary Government and yet when he produced the Orders they appeared to have so much justice and discretion in them that he can lay nothing to the charge of them though in a passion he is not backward to asperse them My Lords If this Lyon to use his own language now that he is chained and muzled under the restraint and question of High Treason will here take the boldness to vent this Language and express this Malignity How would he doe if he were unchained How would he devour How would he destroy c. My Lords Something concerns your Lordships your Lordships remember that he was not backward in his own answer to fix a Charge of High Treason upon the Lords of the Great Council and howsoever he hath affirmed this day I must open it again That the Charge of the Seven and twentieth Article he fixes in his Answer to be by consent of the Lords of the Great Council though he hath since recanted it and yet you have heard him alledge that he will stand and fall by the truth of his answer My Lords I am now at an end You have my Lord of Strafford here questioned for High Treason for going about to subvert the Fundamental Laws of both Kingdoms in defence whereof your noble Ancestors spent their Lives and Bloods My Lords you are the Sons of those Fathers and the same Blood runs in your veins that did in theirs and I am confident you will not think him fit to live that goes about to destroy that which protects your Lives and preserves your Estates and Liberties My Lords You have the complaints of Three Kingdoms presented before you against this great person whereby your Lordships perceive that a great storm of distemper and distraction hath been raised that threatens the ruine and distraction of them all The Commons with much pain and diligence and to their great expence have discovered the Ionas that is the occasion of this Tempest They have still and will discharge their Consciences as much as in them lies to cast him out of the Ship and allay this Tempest They expect and are confident your Lordships will perfect the work and that with expedition lest with the continuance of the storm both Ship and Tackling and Mariners both Church and Common-wealth be ruined and destroyed Saturday May 1. 1640. The King came to the House of Lords and sent for the Commons thither and made this Speech to both Houses I Had not any intention to speak of this business which causes me to come here to day which is the great Impeachment of the Earl of Strafford But now it comes to pass that of necessity I must have part in that Judgment I am sure you all know that I have been present at the Hearing of this great business from the one end to the other that which I have to declare unto you is shortly this THAT in my Conscience I cannot condemn him of High Treason It is not fit for me to argue the business I am sure you will not expect it A Positive Doctrine best comes out of the mouth of a Prince Yet I must tell you Three great Truths which I am sure no body can know so well as my self 1. That I never had any intention of bringing over the Irish Army into England nor ever was advised by any body so to do 2. There never was any Debate before me neither in publique Council nor at private Committee of the Disloyalty and Disaffection of my English Subjects nor ever had I any suspition of them 3. I was never Counsell'd by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I must tell you this I think no body durst be ever so impudent to move me in it for if they had I should have put a Mark upon them and made them such an example that all Posterity should know my intention by it for my intention was ever to Govern according to the Law and no otherwise I desire to be rightly understood I told you in my Conscience I cannot Condemn him of High Treason yet I cannot say I can clear him of misdemeanor Therefore I hope that you may find a way for to satisfy justice and your own fears and not to press upon my Conscience My Lords I hope you know what a tender thing Conscience is Yet I must declare unto you that to satisfy my People I would do great matters But in this of Conscience no fear no respect whatsoever shall ever make me go against it Certainly I have not so ill deserved of the Parliament at this time that they should press me in this tender point and therefore I cannot expect that you will go about it Nay I must confess for matter of misdemeanor I am so clear in that that though I will not chaulk out the way yet let me tell you that I do think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of Trust no not so much as to be a High-Constable Therefore I leave it to you my Lords to find some such way as to bring me out of this great streight and keep your Selves and the Kingdom from such Inconveniences Certainly he that thinks him guilty of High Treason in his Conscience may Condemn him of Misdemeanor The House of Commons as soon a they returned seemed to be much discontented with what the King had spoken and immediately Adjourned till Monday following on which day being the Third of May Mr. Pim makes known to the House that there are divers Informations given of desperate Designs both at home and abroad against the Parliament and the Peace of the Nation and that the persons engaged in it are under an oath of Secresie that there is an endeavour to disaffect the Army not only against the proceedings of the Parliament but to bring them up against the Parliament That there is a design upon the Tower that there is an endeavour for the Earl of Strafford to escape That those Combinations at home have a Correspondency with practises abroad and that the French are drawing down their Forces in all hast to the Sea-side and that there is cause to fear their intent is upon Portsmouth That divers persons of Eminency about the King as by good Information appears are deeply ingaged in the Plot That it is necessary the Ports be stopt and that His Majesty be desired to Command that no person attending upon the King Queen or Prince do depart without leave of His Majesty with the humble Advice of His Parliament The Commons hereupon fell into serious debate of this matter and the same day came to a Resolution of taking a Protestation which was accordingly taken by the Speaker and about 300 Members then present Man by Man WE the Knights Citizens and Burgesses of the Commons-House in
make a separation between You and Your People under a heavier censure than this I am perswaded no Gentleman can suffer Now I understand the minds of Men are more and more incensed against me notwithstanding Your Majesty hath Declared That in Your Princely opinion I am not Guilty of Treason and that You are not satisfied in Your Conscience to pass the Bill This bringeth me in a very great streight there is before me the ruine of my Children and Family hitherto untouch'd in all the Branches of it with any foul crime Here are before me the many ills which may befall Your Sacred Person and the whole Kingdom should Your Self and Parliament part less satisfied one with the other than is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortal men Life or Death To say Sir that there hath not been a strife in me were to make me less man than God knoweth my Infirmities make me and to call a destruction upon my self and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easy consent from Flesh and Blood But with much sadness I am come to a Resolution of that which I take to be best becoming me and to look upon it as that which is most principal in it self which doubtless is the prosperity of Your Sacred Person and the Common wealth things infinitely before any private mans interest And therefore in few words as I put my self wholly upon the Honor and Iustice of my Peers so clearly as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last and intirely to have left me to their Lordships So now to set Your Majesties Conscience at liberty I do most humbly beseech Your Majesty for prevention of evils which may happen by Your refusal to pass this Bill and by this means to remove praised be God I cannot say this accursed but I confess this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever establish between You and Your Subjects Sir My Consent shall more acquit you herein to God than all the World can doe besides To a willing man there is no injury done and as by Gods Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul So Sir to you I can give the life of this world with all the chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in Your Goodness You would vouchsafe to cast Your Gracious regard upon my poor Son and his Three Sisters less or more and no otherwise than as their in present unfortunate Father may hereafter appear more or less guilty of this death God long preserve Your Majesty Tower May 4. 1641. Your Majesties most Faithful And Humble Subject And Servant STRAFFORD WEdnesday the 5th of May there happened to be a strange Hubbub in the City upon a false Alarm That the Parliament-House was beset and on fire and all their lives in danger which occasioned such running up and down in a confused manner to come to protect them that the like hath scarce been seen This Hubbub and Alarm happened upon this occasion Sir Walter Earl was making a Report to the House of some Plot and Design to blow up the House of Commons Whereupon some Members in the Gallery stood up the better to hear the Report and Mr. Moyle of Cornwal and Mr. Middleton of Sussex two persons of good bigness weighed down a board in the Gallery which gave so great a crack that some Members thought that it was a Plot indeed and Sir Iohn Wray speaking out he smelt Gunpowder hastening back out of the Gallery some Members and others in fear running out of the House frighted people in the Lobby who ran into the Hall crying out The Parliament House was falling and the Members were slaine and the people running in a hurry through the Hall Sir Robert Mansel drew his Sword bid them stand for shame he saw no Enemy to hurt the Parliament nor heard no noise of the fall of the Parliament-House but some of them hastened by Water from Westminster and carryed the Alarm into London which occasioned so great a resort of People in multitudes to Westminster to save the Parliament and one Regiment of Trained-Bands Commanded by Colonel Manwaring upon beat of Drum were instantly Armed and marched as far as Covent-Garden beyond their Liberties to secure the Parliament but finding the Alarm false they returned again The same day the Commons passed the Bill for the continuance of the present Parliament and carried the same up to the Lords The House of Commons commanded all their Members to attend the House and not to depart the Town The next day the Committee appointed to joyn with the Lords for taking Examinations concerning the Plot did acquaint the House that 6 or 8 of the chief Conspirators were fled of which Mr. Henry Iermin and Mr. Henry Piercy Members of the House were two and that they were gone towards Portsmouth Upon which Report present Information came that the Queen was preparing to go to Portsmouth thereupon both Houses had a Conference and agreed to move Her Majesty to stay Her journey for the security of Her Person Her Majesty not knowing what danger she might be exposed to in those parts In the mean time One Lord and Two Commoners were dispatch'd to Portsmouth with private Instructions to propose certain Queries to the Governor there and to take further care for the security of the Place and Haven of such Importance and they took an Oath of Secresie as those Lords and Commons had done who were appointed to examine the Plot. His Majesty was desired by both Houses to issue out a Proclamation for the calling in Mr. Peircy and Mr. Iermin within a time limited which was accordingly granted And the Lords were desired by the Commons to hasten the Bill of Attainder of the Earl of Strafford To prevent further discontents in the Army this Letter was sent by Order to Sir Iacob Ashly and Sir Iohn Coniers to be communicated to the Army in the North. WHereas there hath been just cause of jealousie that there hath been some secret Attempt and Practises to infuse into the Army a mistake of this Parliament to some dangerous intent and purpose againk this State and that now the matter is grown to strong presumption upon further discoveries and by reason that some of those which were suspected to have been active therein are fled upon the first stirring thereof before ever they were once named It pleaseth this House to Declare That notwithstanding they intend to search into the bottom of this Conspiracy yet purposing to proceed especially against the principal Actors therein this House hath resolved whereunto the House of Peers hath
formerly And it was resolved by us all if the King should require our assistance in those things that as far as we could we might contribute thereunto without breaking the Laws of the Kingdom And in case the King should be denyed those things being put to them we would not fly from him all these persons did Act and Concur in this as well as I. This being all imparted to the King by me from them I perceived he had been Treated with by others concerning some things of our Army which agreed not with what was proposed by me but tended to a way more sharp and high not having limits either of Honor or Law I told the King he might be pleased to consider with himself which of the ways it was fit for him to hearken unto for us we were resolved not to depart from our grounds we should not be displeased whosoever they were but the particular of the Designs or the Persons we desired not to know though it was no hard matter to guess at them In the end I believe the danger of the one and the justice of the other made the King tell me he would cast off all thoughts of other Propositions but ours as things not practicable but desired notwithstanding that Goring and Iermin who were acquainted with the other proceedings should be admitted amongst us I told him I thought the other Gentry would never consent to it but I would propose it which I did and we were all much against it but the King did press it so much as at the last it was consented unto and Goring and Iermin came to my Chamber there I was appointed to tell them after they had sworn to Secrecy what we had proposed which I did But before I go into the Debate of the way I must tell you Iermin and Goring were very earnest Suckling should be admitted which we did all decline and was desired by all our men to be resolute in it which I was and gave many Reasons whereupon Mr. Goring made answer he was ingaged with Suckling his being imployed in the Army but for his meeting with us they were content to pass it by Then we took up again the ways that were proposed which took great debate and theirs differed from ours in Violence and Heigth which we all protested against and parted disagreeing totally yet remitted it to be spoken of by me and Iermin to the King which we both did and the King constant to his former Resolutions told them these wayes were all vain and foolish and would think of them no more I omit one thing of Mr. Goring he desired to know how the Chief Commands were to be disposed of for if he had not a Condition worthy of himself he would not go along with us We made answer That no body thought of that we intended if we were sent down to go all in the same capacity we were in he did not like that by any means and by that did work so with Mr. Chidley that there was a Letter sent by some of the Commanders to make him Lieutenant-General and when he had ordered this matter at London and Mr. Chidley had his Instructions then did he go to Portsmouth pretending to be absent when this was a working we all desired my Lords of Essex or Holland to be General but Goring and Iermin were for Newcastle They were pleased to give Report that I should be General of the Horse but I protest neither to the King nor any else did I so much as think of it My Lord of Holland was made General and so all things were laid aside and this is the Truth and all the Truth I knew of these proceedings and this I will and do protest unto you upon my Faith and Wilmot Ashburnham and O-Neal have at several times confessed and sworn I never said any thing in the business they did not every one agree unto and justify This Relation I sent you rather to inform you of the truth of the matter that you may the better know how to do me good but I should think my self very unhappy to be made a betrayer of any body what concerned the Tower or any thing else I never medled withal nor ever spake with Goring but that night before them all and I said nothing but what was consented unto by any party I never spake one word with Suckling Carnarvan Davenant or any other creature Methinks if my Friends and kindred knew the Truth and Justice of the matter it were no hard matter to serve me in some measure Afterwards was read Father Philips's Letter to Mr. Mountague as followeth THe good King and Queen are left very naked the Puritans if they durst would pull the good Queen in pieces Can the good King of France suffer a Daughter of France his Sister and her Children to be thus affronted Can the wise Cardinal endure England and Scotland to unite and not be able to discern in the end it is like they will joyn together and turn head against France A stirring active Ambassador might do good here I have sent you a Copy of the Kings Speech on Saturday last at which time he discharged his Conscience concerning the Earl of Strafford and was advised to make that Speech by the Earl of Bristol and the Lord Savile This Speech did much operate to the disadvantage of the Earl of Strafford for the Commons were thereby much incensed and inflamed against him and this brought forth the next day being Monday a Protestation which was taken in both Houses of Parliament of the same nature but rather worse than the Scotch Covenant The Londoners who are very boysterous came upon Monday 5 or 600 and were so rude that they would not suffer the Lords to come and go quietly and peaceably to their House but threatened them that if they had not Justice and if they had not his Life it should go hard for all those that stood for him following them up and down and callâ—g for Iustice Iustice Iustice. There was in the House of Commons Fifty six that denyed to pass the Earl of Straffords Bill their Names were taken and they were fixed upon Posts in divers parts in London and there was written over head These are Straffordians the Betrayers of their Countrey By this means it came to pass that the Lords and Judges were much affrighted and the most of his friends in the Lords House forsook him all the Popish Lords did absent themselves the Lords of Holland and Hartford were absent so was Bristol and others Savil and the Duke only stuck close and faithfully to him and some few other Lords God knows the King is much dejected the Lords much affrighted which made the Citizens and the House of Commons shew their heads some have braved little less than to Unthrown His Majesty Who if He had but an ordinary Spirit might easily quash and suppress these people Our good Queen is much afflicted and in my
Majesty continuing still to take the advice of His Great Council the Parliament along with him in the management of the great affairs of the Kingdom The Earl of Strafford understanding that His Majesty had passed the Bill did Humbly Petition the House of Peers SEEing it is the good Will and pleasure of God that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his pious intentions towards them and desiring that the reward thereof may be fulfilled in you by him that is able to give above all we are able to ask or think Wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships Charitably to forgive all his Omissions and Infirmities he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father and that for his Goodness he may perfect you in every good Work Amen THO. WENTWORTH WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled have in the name of themselves and of all the Commons of England Impeached Thomas Earl of Strafford of High Treason for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant Power over and against the Laws of the said Kingdoms and the Liberties Estates and Lives of His Majesties Subjects and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party which accordingly was executed upon divers of His Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did Levy War against the Kings Majesty and His Liege People in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to His Majesty and did Counsel and Advise His Majesty That he was loose and absolved from the Rule of Government and That he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the Pains and Forfeitures of High Treason And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland all which Offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings Most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by the Authority of the same that the said Earl of Strafford for the Heinous Crimes and Offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such Pain of Death and incurr the Forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any Estate of Freehold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any act or thing to be Treason nor hear or determin any Treason in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving always unto all and singular Persons Bodies Politick and Corporate their Heirs and successors others then the said Earl and his Heirs and such as Claim from by or under him all such Right Title and Interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contain'd to the contrary notwithstanding Provided That the passing of this present Act or His Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament But that this present Sessions of Parliament and all Bills and Matters whatsoever depending in Parliament and not fully Enacted or Determined and all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The day following the King wrote this Letter to the Lords on the behalf of the Earl of Strafford and sent it by the Prince My Lords I Did yesterday satisfie the Iustice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseparable to a King as Iustice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your house is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more Willing but certainly 't will make me more Chearful in Granting your Iust Grievances But if no less then his life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye is were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand and delivered by the Hand of the Prince was twice Read in the House and after serious and sad Consideration the
Westminster-Hall during the Trial 41 King 's little finger heavier than the loins of the Law see Art 2. 149 King's Letter on behalf of the Earl 757 Sir Robert King a Member of Parliament in Ireland sent for as a Witness against the Earl 4. L. LEtter to Sir Jacob Ashley and Sir John Conyers to prevent a Design to engage the Army against the Parliament 745 Letter from the King to moderate the severity of the Law against the Earl 755 Letter from the Earl to his Secretary Slingsby before his death 774 Loftus Lord Chancellor made a close prisoner see Art 8. 221 Twelve Lords send to His Majesty to shew favour to his innocent Children 758 M. MAriners a Bill to be drawn to enable the pressing of them 755 Members of Parliament in Ireland sent for by the Commons 4 5 6. A Committee touching the Examination of Members of both Houses named 14 15 16 Members make a protestation of Secresie 16 Four Members viz. Mr. Selden Palmer Maynard and Whitlock added to the Committee for the Earl who made their Protestation of Secresie 32 Members appointed to view the place of Trials 39 Members desired by the Earls Petition to be heard as Witnesses 40 Some Members of the Lords House desired by the Commons to be made use of as Witnesses 44 Members names of the House of Commons whom the House desires to be present at the Trial as Witnesses 44 Message from the Lords for a Conference by a Committee of Thirty of their House with a proportionable number of this House touching the examination of Members c. 10 Message to the Lords about disbanding the new levied Irish Army 42 Message to the Lords to appoint a day for the Earl to conclude his Trial 44 Both Houses agree that if the Earl come not to morrow the House of Commons may sum up their Evidence and conclude 45 Message to acquaint the Lords that the Proceedings by Bill stand in no way of opposition to what hath been already done 48 Moneys without Parliament to be raised by force see Art 21. 516 Monopoly made of Tobacco see Art 12. 402 Sir Walter Montague Sir Toby Mathews c. to be removed from Court 42 Lord Montnorris his Case of Ireland to be reported by the Committee Montnorris sentence of death pronounced against him see Art 5. 186 Sentence read 187 Concerning his being put out of possession of his Freehold see Art 6. 205 Multitudes of people assembled in Westminster 742 Petition from them desiring Iustice against the Earl communicated to the Commons ibid. They depart upon the Lords taking the Protestation 742 N. LYsimachus Nicanor his scandalous Pamphlet Printed 770 Earl of Northumberland made General of the Royal Army in England upon whose sickness the Earl of Strafford was made Lieutenant-General Anno 1640. 769 Earl of Northumberland communicates Mr. Percies Letter to the Peers 748 Earl of Northumberland Lord High Admiral of England 769 O. OAth contrived against the Scots in Ireland see Art 19. 489 The like to the Scots in England 503 Offensive War against the Scots urged by the Earl see Art 20. 515 A Troop of Reformed Officers to be disbanded 15 Officers c. Warrant to them see Art 9. 236 P. PAper posted up at Sir William Brunkards House in the Old Palace-yard declaring the names of many persons to be enemies of Iustice 59 Parliament in Ireland declare against the Scots see Art 22. 517 People assemble in multitudes at Westminster 742 Petitions Orders and Books of Entries of Impositions c. sent for out of Ireland 8 Petitions and Complaints of proceedings in Ireland reported 10 Petition of the Parliament of Ireland to the King read 15 Petition of the Earl to examine some Members of this House read 40 Two Petitions of the Citizens of London read 55 One of them concerning Grievances inserted 56 Petition from a multitude of people at Westminster desiring Iustice against the Earl communicated to the Commons 742 A discovery in the Petition of Soldiers to be brought into the Tower ibid. Father Philips's Letter to Mr. Walter Montague read 751 He is called to the Bar and is impeached 752 Mr. Piercy's Letter concerning the Plot 748 to 750 Mr Piercy and Sir John Suckling voted to be guilty of High Treason 754 Plot discovered in England 735 Upon which the House resolves on a Protestation ibid. Preamble thereunto ibid. The Protestation read 736 Names of the Protestors 736 to 740 The Plot still suspected to be carried on 740 Ports in Ireland to be open 46 1500 Barrels of Powder gone to Portsmouth to be stayed 740 Lord Primate of Ireland his Examination debated 44 Proceedings by way of Bill no way in opposition to what hath been already done 48 Proclamation to issue out against Sir George Ratcliffe if he appear not at the day limited 16 Proclamation by the Earl commanding the Nobility to reside in Ireland see Art 16. 460. Protestation of Secresie taken by the Members 16 The same taken by the four Members added to the Committee for the Earl 32 Protestation of the Lords denying that they did approve of the Earls raising Money in Yorkshire 37 38 Protestation resolved on by the House upon the discovery of the Plot in England 735 Carried up to the Lords to take the same 741 Mr. Hollis's Speech to the Lords to promote the taking thereof 742 The Protestation taken by the Lords and the multitude depart ibid. Q. THe Queen came to her private Closet in Westminster-Hall during the Trial 41 Queen-Mother apprehending her self in danger of the Multitude Mr. Martyn moved the House that she may depart the Kingdom 758 R. LOrd Ranelaghs debate about his Examination 174 Not to be examined 175 Sir George Ratcliffe not to speak with or write to the Earl of Strafford 15 A Proclamation to issue out against him if he appear not at the day limited 16 Articles of High-Treason voted against him 17 Records of Attainder a Committee appointed to search those Cases in the Kings-Bench 7 Reformado-Officers to be disbanded 15 Remonstrance of Ireland reported by Mr. Whistler 7 Remonstrance of the House of Commons in Ireland read 11 12 13 114. No Replication to be put in to the Earls Answer 32 Strafford A Committee of Irish Affairs of the whole House designed in order to his Accusation 1 He is in a great Dilemma in the North 2 His intended Impeachment of some Members disappointed ibid. He is accused of High-Treason 3 Sequestred from the Parliament and Committed to the Black Rod ibid. Examination of Witnesses to be taken previous to his Tryal in the presence of some of the Commons 6 Records of Attainder in the Kings Bench to be search'd in order to a Bill of Attainder 7 Irish Remonstrance reported which reflected on his proceedings in Ireland 7 and 10 Petitions Orders and Books of Proceedings upon Paper-Petitions and of Entries relating to the Custom-House in Ireland sent for 7 8 Articles in maintainance of the Accusation of the said Earl 8
9 Free Conference concerning the said Articles 9 A select Committee agreed upon for the Examination of Witnesses concerning him 10 Members of both Houses to be examined concerning him 14 15 16 Parliament of Ireland their Petition to the King against him 15 Sir George Ratcliffe not to speak with him 15 Scotch Commissioners to bring in their charge and Proofs against him 18 See the Charge 769 Conference to Sequester him from his Offices 20 Debate about admitting him Council at his Trial 21 His Answer read containing 200 sheets of Paper 22 Abstract of his Answer to the 28 Articles 22 unto 30 The Evidence against him to be managed by a Committee of the House of Commons 32 No Replication to be put in unto his Answer ibid. The Commons aver the Charge against him and will manage the Evidence by Members of their own the Names of the Members to that purpose appointed 33 A Committee of 48 of the Commons appointed to meet a Committee of 24 of the Lords at a free Conference concerning his Tryal 33 Conference as to place of Tryal Persons present Council and management of Evidence against him 34 unto 37 Protestation entred in the Lords House denying that they did approve of his raising Money in Yorkshire 37 38 Resolved that the Commons be present as a Committee of the whole House at his Tryal c. 38 Some Members appointed to view the place for his Trial 39 His Petition to examine some Members of this House read 40 The manner of his coming to his Tryal in Westminster-Hall 41 The manner of bringing him into the Hall the Ax not being suffered to be carried before him till after Tryal 41 Suffrages in matters criminal declined to be given by the Bishops entring their Protestation c 41 The House to meet at Two in the afternoon constantly during the Tryal 42 His Exceptions and frequent Adjournment of the Lords House occasioned thereby with other unnecessary delays reported how to prevent the same 43 A Peremptory day to be appointed for him to conclude his Tryal 44 Both Houses agree that if the Earl come not to morrow the Commons may sum up their Evidence and conclude 45. Resolved by the Lords that to morrow be recollect his Evidence which being done the Managers are to state theirs 47 The Act of Attainder read a Second time and referred to a Committee of the whole House ibid. The Council appointed by the Lords to be here to morrow morning concerning matter of Law 47 Resolved that it is sufficiently proved that he hath endeavoured to subvert the antient and Fundamental Laws of the Realms of England Scotland and Ireland and to introduce Arbitrary and Tyrannical Government against Law 48 Lord High Steward his Speech unto him the first day of Tryal 101 The Impeachment against him read 101 The-Speech Introductive of Mr. Pym concerning the Preamble to his Answer 102 Lord Digby's Speech to the Bill of Attainder 50 Names of Witnesses their Evidence Exception taken Interlocutory Passages Defence and Reply 109 c. Sentence against the Lord Montnorris read 187 Some Interlocutory Passages and Speeches in the Petition of Right made by him in Parliament much notice thereof being taken by the Court 763 His Confinement in Kent for refusing Lone-Money 763 Complained of at Court for frequenting Archbishop Abbots Table with Sir Dudly Digs c. 764 Sentence against the Lord Montnorris read 187 Earl of Straffords Summary Account of his Evidence 633 to 660 The Speech of Mr. Pym thereupon 661 to 674 Mr. Glyn's Reply to the Earls Summary of his Evidenee 706 to 733 King's Speech in favour of the Earl 734 The Earls Letter to him to set His Majesties Conscience at Liberty 743 Concerning an endeavour for the Earl to escape out of the Tower 746 Sir John Suckling voted Guilty of Treason 754 The Earl brought to the Scaffold his Speech then 759 Copy of the Paper containing the heads of his last Speech written with his own Hand and left on the Scaffold 760 He desires before he dies to speak with the Archbishop of Canterbury but refused 762 He sees the Archbishop the next morning at his window as he was going to the Scaffold and desires his Blessing 762 He went to the Scaffold more like a General at the Head of an Army after obtaining Conquest in Battel than like a man going to execution by Death 762 His Instructions to his Son in Writing ibid. A Description of his Person and an account of the Noble Relations to his Family 772 A brief Account of his Secretary Mr. Slingsby and of his death by having his Legs cut off above the knees 773 His Letter to his Secretary before his death 774 The King's Reflections upon the Earls death 775 T. TAx imposed on the Subjects see Art 27 598 Tobacco made a Monopoly see Art 12. 402 Westminster-Hall the place of Tryal appointed to be viewed by Members 39 The fitness thereof reported by Sir John Culpeper ibid. The First day of Tryal March 22. 1640. 101 102 c. The manner of his coming to Tryal 41 U ULster the place of Rendezvous for the Irish Army in fight of Scotland 769 Ungirding of the Scotch Army 770 W SIr Christopher Wandesford made Lord Deputy of Ireland by the Earl 769 Warrant given to Officers of the Ecclesiastical Courts to Attach and commit persons see Art 9. 236 Warrant produced 237. Sir Richard Weston Lord Treasurer first courted the Earl after the Dissolution of the Parliament 4 Car. 1. 768 Sir Iohn Winter to be removed from Court 42 Some Lords desired to be made use of as Witnesses 49 Earl of Worcester and his Sons Commission for levying of Forces to be drawn into the charge of the Earl of Strafford 19 Words spoken tending to the bringing of the Irish Army into England 46 725 Words wherewith the Earl was charged in several Articles of Impeachment see Art FINIS See Historical Collections the First Part. Pa. 500. Resolved to Accuse the E. of strafford of High Treason Report of the Message of High Treason Message of Sequestration of E. of Strafford The Lord Keeper to the E. of Strafford Message from the Lords Conference that Ports of Ireland shall be open Committee how to send for Sir George Ratcliff Mr. Speaker to sit at the Grand Committee for Irish Affairs Irish Affairs Committee concerning the Earl of Strafford Resolutions thereupon Sir Robert King to be sent for Expedition Mr. Treasurer Reports the Message from the King No Member to visit the Earl of Strafford without leave Message to the Lords for a Committee to examine Witnesses Approbation of the Lords Petitioners for a Parliament Petition to be Entred Speedy examinations against the Earl of Strafford by Members of both Houses Committee to search Attainders Report Irish Remonstrance Book of Petitions sent for over Warrants for Taxes upon Tobacco Entries of Impositions Articles against the Earl of Strafford Articles to be engrossed Conference concerning the Earl of Strafford's Articles
Articles ingrossed Mr. Pym gets leave to speak Mr. Pym Reports the Conference Thank 's to Mr. Pym. Message for a Conference Answer Mr. Whistler's Report from the Committee for Irish Affairs A Committee to meet a Committee of the House of Lords about the Examination of Witnesses in the Case of the E. of Strafford Petition from the Parliament in Ireland read Sir George Ratcliff not to speak with or write to the E. of Strafford A Troop of Reformado Officers in the Army to be disbanded A Message for a Conference for some of the Members to be present at the Examination of Witnesses Mr. Pym's Report A Message by the Commons Sir George Ratcliff to come in by a day A Report of the Conference for the Lords Members to be examined Another Message concerning Members to be present at the Examination A Protestation of Secrefie Articles against Sir George Ratcliff A Message Ratcliff Irish Army Petitions referred to the Sub-Committee Depositions concerning the Earl of Strafford A Message concerning Examinations The further Impeachment of the Earl of Strafford Sequestration of Thomas Earl of Strafford To open Letters Concerning Council for the Earl of Strafford The little Finger of the Law Ireland a Conquered Nation Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case Lord Mountnorris sentenced to suffer death by Martial Law The Lord Mountnorris put out of Possession Lord Dillon his Patent questioned The Lord Loftus close Prisoner not delivering the Great Seal The Earl of Kildare Committed Committee to consider of the Proof Members to manage the Evidence No Replication to the Earl's Answer Concerning the manner of the Trial of the Earl Concerning the place of Trial and the Council for the Earl The time of the Trial. Concerning the Place for the Trial. Members appointed to View the place of Trial. E of Strafford's Petition read The great Hall in Westminster appointed for the Trial of Thomas Earl of Strafford Menday Afternoon Afternoon The Petition of divers Citizens of London to both Houses of Parliament wherein is an accompt of their Grievances together with their desires for Justice to be executed upon the E. of Strafford and other Delinquents A Memorial of the Member that first took the Names The Prisoner at the Barr. Lord High Steward Lord High Steward E. of Strafford Lord High Steward Lord High Steward Mr. Pym. Lord High Steward Mr. Pym. E. of Strafford Lord High Steward Mr. Pym. Lord High Steward E. of Strafford Mr. Maynard Lord High Steward Mr. Pym. Mr. Maynard Lord Fligh Steward Mr. Pym. Sir Io. Clotworthy a Witness The Question Sir Io. Clotworthy Lord Ranulagh a Witness E. of Strafford Lo. Ranulagh L. Mountnorris a Witness Nicholas Barnewell a Witness E. of Strafford Mr. Pym. Mr. Egor a Witness E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance E. of Strafford Manager E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance Manager Witness E. of Strafford Manager Lord High Steward Witness Witness E. of Strafford Manager Witness E of Strafford Manager E. of Strafford Witness Manager Witness Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager Lord High Steward E. of Straffords Speech Lord High Steward E. of Strafford Manager E. of Strafford Witness Kings Warrant read E. of Strafford Manager E. of Strafford Billetting of Soldiers in Dublin Increase of Shipping Jurors Sentence in the Star-Chamber Manager Lord High Steward Mr. Maynard Manager Article 1. Manager Manager Witness Witness Witness Witness E. of Strafford Manager E. of Strafford Manager Lord High Steward Manager F. Thorpe a Witness Manager Witness E. of Strafford Manager Lord High Steward E. of Strafford Lord High Steward Manager F. Thorpe a Witness George Hawes a Witness E. of Strafford E. of Strafford E. of Strafford E. of Straffords Defence Manager E. of Strafford E. of Strafford The Managers Reply Article 2. Manager Witness Sir Tho. Leyton a Witness Lord High Steward Tho. Harrison a Witness E. of Straffords Defence Witness E. of Strafford Manager Manager E. of Strafford Manager E. of Strafford Manager Lord Steward Managers Relpy E. of Strafford Manager Lord High Steward Sir David Fowles a Witness E. of Strafford Manager Article 3. E. of Strafford Manager E. of Strafford Manager Manager E. of Strafford Manager E of Strafford E of Strafford Manager Robert Kennyday a Witness E. of Strafford Manager Lord Corke a Witness Manager Lord Gorminstone a Witness Lord Killmallock a Witness Sir Pierce Crosby a Witness E. of Strafford Mr. Slingsby a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford E. of Strafford Manager Manager E. of Strafford Managers Relpy Managers Reply Mr. Fitzgarret a Witness E. of Strafford Lord Gorminstone a Witness Lord Killmallock a Witness Manager Article 4. Manager Lord Ranulagh a Witness E. of Strafford Witness E. of Stafford E. of Corke 2 Witness Iohn Waldron a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Castlehaven a Witness Manager Lord High Steward Roger Lotts a Witness Manager E. of Strafford Article 5. Manager Manager Lord Mountnorris a Witness Witness Witness Witness Lord Dillom a Witness Lord Ranulagh a Witness Manager Earl of Cork a Witness William Castigatt a Witness Lord Dillon a Witness Patrick Gough a Witness Lord Conway a Witness E. of Strafford's Defence Manager E. of Strafford Lord Willmott a Witness E. of Strafford E. of Strafford E. of Strafford Sir Robert Farrer a Witness E. of Strafford E. of Strafford Manager Manager Manager Earl of Ely a Witness Manager Manager Manager Article 6. Manager Thomas Little a Witness E. of Strafford Lord Mountnorris a Witness Mr. Anslow a Witness Manager E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Corke a Witness Lord Ranulagh a Witness S. Adam Loftus a Witness Lord Mountnorris a Witness Earl of Bath a Witness E. of Strafford Manager Manager Mr. Anslowe a Witness William Brettergh a Witness Manager E. of Strafford Manager E. of Straffords Defence E. of Strafford Manager E. of Strafford Article 8. Manager Manager E. of Strafford Manager Manager Mr. Hoy a Witness Thomas Hibbots a Witness Lord Mountnorris a Witness Earl of Cork a Witness Manager Manager Manager Lord Corke a Witness Lord Primate a Witness Lord Renula a Witness Manager Lord Renula a Witness E. of Strafford Lord Dillon a Witness Sir Philip Manwareing a Witness The Managers Reply E. of Strafford E. of Strafford Article 9. Sir Ia. Montgomery a Witness Manager E. of Strafford Manager E. of Strafford Manager Article 10. Lord Ranulagh a Witness Sir Iames Hey a Witness Robert Goodwyn a Witness Henry Brawd a Witness Robert Cogan a Witness Iohn Welsh a Witness Lord Renula a Witness Patrick Allen a Witness E. of
Straffords Defence Lord Cottington a Witness E. of Strafford Lord Cottington a Witness E. of Strafford Lord Cottington a Witness Sir Arthur Ingram a Witness E. of Strafford E. of Strafford Lord Dillon a Witness E. of Strafford Mr. Maynard's Reply Article XII Charge Mr. Maynard Proclamation Proclamation Mr. Maynard Mr. Crosby Witness Mr. Maynard Mr. Allen. Winness Mr. Welsh Witness Mr. Gough Witness Patrick Gough Witness E. of Strafford Mr. Maynard Mr. Glyn. Mr. Blunkett Witness E. of Strafford Mr. Glyn. Mr. Crosby Mr. Maynard Mr. Maynard Mr. Gibson Mr. Slings by E. of Strafford Lord Robert Dillon E. of Strafford Mr. Gibson Mr. Maynard Mr. Gibson Article XIII Charge Benjamin Croky Witness Sir Iohn Clotworthy Witness E. of Strafford L. Rainalaugh Sir Iohn Clotworthy Witness L. Rainalaugh Witness Mr. Gough Witness Mr. Firzgarret Witness Mr. Maynard Mr. Maynard Mr. Glyn. Article XV. Charge Mr. Palmer Mr. Savill Witness Mr. Glyn. Mr. Savill Mr. Palmer Mr. Savill Mr. Maynard L. Strafford Mr. Palmer Mr. Pym. Mr. Savill Witness Mr. Palmer L. Steward Mr. Palmer Mr. Savill Gough Witness Richard Welsh Witness Patrick Cleare Witness Nicholas Ardah Witness Berne Witness Mr. Palmer Mr. Maynard Mr. Kennedy Mr. Palmer Mr. Little Witness Mr. Palmer Mr. Maynard Lord Strafford Lord Rana laugh Mr. Palmer Mr. Palmer E. of Strafford Defence Lord Dillon Mr. Palmer E. of Strafford Lord Dillon Tyrringham Conley Witness Henry Dillon Tyrringham Ranailaugh Strafford Palmer E. of Strafford E. of Strafford Mr. Palmer Mr. Pym. Mr. Palmer E. of Strafford Ardah Witness Savill Witness Dillon Witness E. of Strafford Mr. Palmer Reply Sir Arthur Tyrringham Article XVI Charge Iohn Loftus Witness Wade Witness Lorky Witness Richard Wade Witness Mr. Palmer Lord Roche Witness E. of Strafford Nash Witness Parry Witness E. of Strafford Mr. Palmer Afterwards His Majesties Attorney-General Linch Witness Fitz-gerard Witness Mr. Palmer E. of Strafford E. of Strafford Mr. Riley Witness Mr. Maynard Mr. Ralton E. of Strafford Mr. Gibson Dillon Wit ness Mr. Maynard Mr. Maynard E. of Strafford Mr. Wether inge Ralton E. of Strafford Slingsby Witness Little Witness E. of Strafford Mr. Palmers Reply Mr. Palmer Torky Witness E. of Strafford E. of Strafford Richard Wade Witness Patrick Gough Witness Mr. Glyn. Article XIX Charge Mr. Maynard Mr. Maxwel Mr. Whitlock Sir Iohn Clotworthy Witness Mr. Whitlock Mr. Salmon Witness Iohn Loftus Witness Mr. Whitlock Defence E. of Strafford Robert Lord Dillon Witness Manwaring Sir Adam Loftus Witness Maynard Whitlock E. of Strafford Mr. Slingsby Witness Trueman Witness Little Witness Ralton Sir Philip Manwaring Witness Robert Lord Dillon Witness Sir Adam Loftus Witness Sir Philip Manwaring Witness Whitlock's Reply Mr. Whitlock Mr. Maynard Stroud E. of Strafford Stroud E. of Strafford Article XX. Charge Article XXI Charge Article XXII Charge Artic. XXIII Charge Art XXIV Charge L. High Steward Whitlock E. of Strafford Whitlock Maynard L. H. Steward Mr. Whitlock E. of Strafford Mr. Maynard E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Traquair Mr. Whitlock E. of Traquair Mr. Palmer Mr. Maynard E. of Strafford E. of Traquair E. of Strafford L. Digby Mr. Glyn. E. of Strafford Mr. Glyn. E. of Traquair Mr. Whitlock E. of Strafford Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Strafford L. H. Steward E. of Morton Mr. Whitlock Mr. Whitlock E. of Traquair Witness Mr. Glyn. Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Strafford Mr. Whitlock E. of Northumberland Witness Bish. of London Witness Mr. Barnewell Witness Mr. Whitlock Archbishop of Armagh Witness L. Conway Witness Sir Henry Vane Witness Mr. Whitlock Sir Ro. King Witness L. Ranalaugh Witness L. Ranalaugh Witness Mr. Whitlock Mr. Maynard Sir Thomas Barrington Witness King Witness Ranalaugh Witness Mr. Whitlock Sir Tho. German Witness E. of Bristol Witness E. of Holland Witness Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Clare L. H. Steward Mr. Maynard Mr. Whitlock E. of Strafford Mr. Glyn. E. of Strafford Slingsby Witness E. of Strafford Marquis Hamilton Witness Mr. Slingsby Witness Sir George Wentworth Mr. Maynard E. of Strafford L. Treasurer Witness Mr. Maynard L. Treasurer Witness L. Cottington Mr. Maynard L. Cottington Mr. Maynard L. Cottington Marq. Hamilton Witness E. of Strafford M. Hamilton L. Goring Witness Mr. German Witness Mr. Glyn. L. Treasurer L. Cottington E. of Strafford Mr. Whitlock's Reply L. Conway Mr. Maynard Mr. Maynard Mr. Glynn L. Cottington Mr. Glynn Mr. Pym. Artic. XXV Charge Mr. Maynard L. Treasurer Tho. Wiseman Witness Tho. Wiseman Witness E. of Berkshire Garaway Lord Mayor of London E. of Strafford Garaway Defence of the E. of Strafford Mr. Glyn. Art XXVI Charge Robert Edwards Witness Palmer Witness Mr. Maynard Mr. Maynard Mr. Henley Witness E. of Straffords Defence I. Cottington Witness Mr. Maynard Mr. Maynards Reply Mr. Whitlock Mr. Strowd Garaway Witness Mr. Glyn. Mr. Strowde Art XXVII Charge Mr. Maynard Sir Hugh Cholmeley Witness Sir Henry Cholmley Witness Hotham Witness Stapleton Witness L. Wharton Witness Pennyman 〈◊〉 Mr. Maynard Griffin Witness Lord Clare Mr. Glyn. Mr. Strickland Witness Burroughes Witness Cholmeley Witness Dowsen Witness Pierson Witness Ingram Witness Griffin Witness Cholmley Witness Mr. Maynard E. of Straffords Defence Neale Witness Osborne Witness Mr. Maynard Pennyman Witness E. of Strafford L. Wharton L. Wharton Pennyman Witness Mr. Maynard Mr. Glynn Mr. Maynard E. Strafford Pennyman Witness Savill Witness Pennyman Witness Osborne Witness Savill Witness Rhodes Witness Danby Witness Mr. Maynard Wentworth Witness E. of Strafford Strickland Witness Edw. Osborne Wil. Pennyman E. of Strafford Mr. Maynard Cholmeley Witness E. of Strafford Mr. Glyn. Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Maynard Mr. Glyn. Mr. Maynard Mr. Glyn. Object Answ. Object Answ. Owen ' s Case of Sandwich in Kent The House of Commons Adjourned upon this Speech of the Kings in some dissatisfaction May the 3. the Commons having a Plot discovered fall into the Debate thereof And the same day Resolve upon a Protestation The Preamble to the Protestation The Commons send a Message to the Lords concerning the Plot. And desire a Select Committee to take Examinations upon Oath And that no Servant of the King or Queens Majesty departs the Kingdom till they be examined And sent a Letter to the Army to assure them of the Parliaments care of them The Commons past several Resolves These Resolves and the Protestation commuicated to the Lords Mr. Hollis his Speech in a Message to the Lords about the Plot. Multitudes of people flock to Westminster crying Iustice Iustice c. The people assemble again in multitudes which the Lords communicate to the Commons at a Conference And communicates the Petition of the multitude as followeth Desiring Justice and Execution upon the Earl of Strafford To be secured against Plots And against a Garrison newly put into the Tower To make way forth Earl of Straffords escape The Lords send Six Peers to the Tower to inquire of this business The Lieutenant said he had His Majesties Command to receive 100 men The Lords at the Conference declared That the Tumults hindred their proceeding upon the Bill of Attainder The Lords took the Protestation And the multitudes departed A Bill for the continuance of the present Parliament twice read The Earl of Straffords Letter to the King A great Hubbub in the City Conspirators fled The Queen desigas to goe to Portsmouth Proclamation to call in the Conspirators A Letter to prevent the design to engage the Army against the Parliament sent to Sir Iacob Ashly and Sir Iohn Conyers The Plot consisted of thre heads Capt. Bilingsly his Examination that he had Orders to get 100 men into the Tower The Earl expostulates about his escape Examination of three Witnesses more as as to the Earls escape Col Gorings examination about the Plot. Mr. Peircy his better against the Plot. Father Philips his Letter against the Parliament Earl of Holland General of the Army Father Philips to be sent for He appears Several Votes against Ar. Peircy about the Plot. Barkley and O-Neal are fled Mr. Peircy charged with High Treason A Vote to vindicate Col. Goring Bill of Attainder and for continuance of the Parliament passed Message to the Lords to move the King for His Consent to pass the Bill of Attainder To Press Mariners The King Judges and Bishops consult about Strafford The King gives Warrant for a Commission to give His Assent to the Bill for execution of the Earl of Strafford The Royal Assent given this day and the Bill passed The King consents that the Irish Army should be instantly disbanded Thanks returned to His Majesty The Earl of Strafford's Petition to the House of Peers The Bill of Attainder * This Proviso hath occasioned the common discourse and opinion that this Judgment against the Earl was Enacted never to be drawn into President The Kings Letter on behalf of the Earl of Strafford Twelve Lords sent to the King QueenMother The Earl of Strafford brought to the Scaffold His Speech His Majestys Propositions tothe House of Commons touching Supply See page in the First Part of Historical Collections The Charge of the Scotch Commissioners presented to the Parliament The description of his Person and Family Mr. Slingsby's Interment His Extraction and Education
he stood within little distance of my Lord when he spake the words and hath not been deaf above two months and two other Witnesses concur fully with him For Doctor Duncombe whether he be the man that laid Aspersions in the North on some Noble Lords I know not but his Testimony only is that he heard so from one that spake it at the Table not upon Oath and not knowing what use would be made of it And another Witness shall be produced that will speak to the occasion and that it was not the matter of Knighting-money Sir Thomas Leyton being asked how long he hath had this Infirmity in his hearing Answered That he got a great Cold since he came to Town and had this Imperfection since Christmas and had his hearing well before Being asked how far he sate from my Lord of Strafford He Answered Four yards off My Lord of Strafford desired it might be asked the Witness Whether he sate on the Seat where the Sheriff uses to fit he answered Affirmatively His Lordship excepted against his Testimony himself sitting where the President uses to sit betwixt my Lord Chief Baron and Mr. Justice Vernon And he Appealed to my Lord Chief Baron Whether the Presidents Seat and the Sheriffs Seat be not as far distant very near as far as from his Lordships then station to the Lord Steward But the Committee observed it not to be material that there should be any Geometrical measure but be three four five six or seven yards off Here the Committee offered other Witnesses but my Lord of Strafford desired their Lordships Judgment Whether they should not bring all together which the Lord Steward declared they might as to this Point Sir David Fowles being produced was excepted against My Lords He is no competent Witnesse he lying in the Fleet on a Sentence in the Star-Chamber at my Suit being fined for divers things he had said which concerned my self which depended on this in question and conducing to it He comes not at his own Request or Suit but in a Suit that concerns His Majesty and the Commonwealth and might offer the Presidents own Rule in the Case but that the Law speaks for him that a Witness ought to be heard in this Cause though there have been particular ill affections between them and your Lordships well know how to compare him with other Witnesses and to value him accordingly This hath been Resolved in the Case of Sir Pierce Crosby that he should be sworn and then value his Testimony as the Lords shall see Cause and this may be put into the same way Sir David Fowles being sworn the Lord Steward put them in mind of the former Caution that their Lordships would judge the value of his Testimony the Committee not admitting what was excepted against him he being not to obtain any thing for himself nor his own Interest concerned but produced for the King and Commonwealth and therefore an indifferent Witness in the Case And then being Interrogated touching the words of Comparison between the King 's little Finger and the Loins of the Law whether he heard them and the occasion Sir David Fowles answered He heard him say the very same words That there were some for Law and nothing but Law but the King 's little Finger should be heavier on them than the Loins of the Law The occasion he cannot well remember but there was some discontent taken by my Lord against him he being desired by a Messenger to levy Mony to mend a Bridge he told the Messenger He could not well do it of himself for there was a Statute as he took it 24 H. 8. that appoints four Commissioners to be at the doing of such Service and he being but One durst not undertake to do it Besides he said He must see an Order or Warrant from the Sessions else he could not do it and none was shewed Some other Exceptions he took to the unlawfulness of the business and the Messenger reported this to my Lord and that he conceived was the cause my Lord broke out so violently against him But being Interrogated on what occasion the words in question were spoken He answered Before my Lord went to Ireland he made a Speech to the whole County and desired them to go on in their Service and so brake out Some are all for Law but they shall find the Kings little Finger heavier on them than the Loins of the Law And this is all he can remember Sir William Ingram sworn and examined touching his knowledge of these words Answered That he was on the Bench at that time Sir Thomas Leyton was Sheriff and he heard my Lord speak these words Some of you are all for Law but you shall find that the King 's little Finger is heavier than the Loins of the Law but he doth not remember the occasion The main point I must insist on is That the very words if they had been spoken by me as they are laid concerning which I call God to witness I have spoken the truth and the occasion It is no Treason within the Statute And that being a point of Law I crave leave to reserve my self according to your Lordships Order that my Counsel in time fitting and proper may speak as concerning that in point of Law We shall close this Article the last thing mentioned by his Lordship was spoken to before as to the words we had five Witnesses express in the Point and therefore shall expect your Lordships Judgment in that And so the Court was adjourned The Fourth day Thursday March 25. 1641. THE Third Article The Charge THat the Realm of Ireland having béen time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and governed by the same Laws The said Earl being Lord-Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the Subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased And speaking of the Charters of former Kings of England made to that City He further then said That their Charters were nothing worth and did bind the King no further than he pleased I Humbly move your Lordship That since diverse things were spoken by the Witnesses Yesterday which
for my Lord of Canterbury if they have examined him it was before his Charge and they shall make no use of his examination neither is he a person capable of being a Witness being now charged and in some particulars for conspiring with the Lords at the Bar and therefore they submit it whether it be convenient he should be examined though if they shall urge his Testimony it will be something and likewise their Lordships over-ruled it in Sir George Ratcliff's Case But my Lord of Strafford submitting all to their ordships good pleasure it being his part only to move as his Lordship said and do what their Lordships should in their wisdoms think fit The Lord Steward declared their Lordships pleasure that Sergeant Glanvill and the other Witnesses might be reserved to be heard to morrow viva voce and that the examinations of my Lord of Northumberland and my Lord Keeper might be likewise reserved for my Lord of Canterbury it was observed that he was examined before the Charge and that the Gent. of the Commons-House intend not to make use of his Testimony And so the Committee proceeded to the next Article Mr. Whitlock proceeded putting their Lordships in mind that they had been pleased to take a view of my Lord of Strafford's Courses in Ireland which have manifested his designe to subvert and change the Law and bring in an Arbitrary Government That his execution of that Arbitrary Power upon the persons Estates and Lives of the Kings Subjects there hath been a clear proof of this his designe They shall now proceed to show their Lordships what his designe was in England and Scotland as the same was set forth in the 20th21 22 23 and 24th Articles together with the matters contained in them they being interwoven and depending one upon the other and so are but one business My Lord of Strafford did thereupon offer that he conceived it was agreed they shoul go Article by Article that his Memory is short and his Abilities weak and if three or four be brought together his Memory will not serve him to give them that account that otherwise he should be able to do And since the order of proceeding Article by Article was by consent he besought that course might be persued not giving consent to the alteration of it But Mr. Maynard desired leave to remember their Lordships that they offered to go Article by Article till they came to some that were woven together which might change the course They find much time is lost between Article and Article and there will need no great Consideration of of these being only about words and when my Lord of Strafford stands by way of Defence he may not inform them which way to proceed and they will proceed no way differently from what was formerly proposed My Lord of Strafford humbly appealed to their Lordships Whether the Favour offered him for recollecting his Notes had spent much time and added perhaps if another man had been in his case he would have thought as long a time as he had taken necessary tho a far abler man than himself but this inverts the whole Order agreed on and brings him to a great inconvenience and therefore he desired he might Answer them single in the mannor as was agreed upon To which Mr. Whitlock Answered That if the Articles be not proceeded in together and as having relation to one another they will loose much of the Application Evidence and Proof and he conceives will be more easie to my Lord of Strafford And for the Order mentioned there was under favour no order in it but when my Lord of Strafford made the motion Mr. Whitlock said he took the boldness to inform their Lordships that he should proceed on some of them altogether which my Lord of Strafford did not deny and their Lordships approved of and according to that they desire to proceed Mr. Glyn adding That he never knew before this time a Prisoner at the Barr prescribe a Method to the Evidence especially if he be charged with High Treason and my Lord may afford them the same favour they do him for if he will answer Article by Article he may but as they leave him to his course so they desire to take their course But in that case my Lord of Strafford desired he might have time to Answer till to morrow morning and professed that he should be extream unwilling to offer any thing that became him not in Humility and Modesty or to prescribe a course to any he being in his condition but he trusts he may with Humility and Duty offer to their Lordships consideration these things that may be for his Assistance and Defence without offence to any So the Committee that managed the Evidence for the Commons-House had direction to proceed as they had propounded Mr. Whitlock then proceeded to open the Charge of these Articles which will refer to prove a designe of my Lord of Strafford against Scotland to subvert their Parliament and our Government here and to bring in an Army on us to force us to submit to an Arbitrary Power First they shall apply themselves to prove his designe against Scotland which lies first in the Charge That he advised the King two or three times that the demands made by the Scots in their Parliament were a sufficient ground for a Warr against them notwithstanding that Parliament was indicted by the Kings Royal Authority and they have their liberty to Propound and Treat Your Lordships may remember what my Lord of Strafford said at the sentencing of Stewart in Ireland whereby he expressed his hatred and rancor towards them and his opinion of them at that time being after the pacification made and he continues in the same ill opinion of them and to give the same ill Council That at another time he told His Majesty the demands of the Scots in their Parliament were not matter of Religion but struck at the root of Government and that it was fit to punish them by force That he caused the Ships of the Scots in Ireland to be seized That he procured the Parliament in Ireland to declare their assistance and give supply for a Warr against Scotland and that several times he endeavoured to perswade His Majesty to an offensive Warr against the Scots under which particulars will fall in proof his design against Scotland His design against England was of the same nature which will appear by his words and by his Councils and by some Speeches given out by those that have very near Relation to him and are his creatures who agreed with his own words likewise They shall prove to their Lordships That on a discourse between Sir George Ratcliffe and Sir Robert King concerning the War with the Scots and my Lord of Straffords being engaged in it Sir George Ratcliffe told him We are ingaged in a War with the Scots and we must go on with it
by themselves and drew this Petition for my Lord being Lord Lieutenant-General and a Privy-Counsellor they should not have been so free to deliver their opinions though he the Examinant thinks some of them should have been free enough They drew the Petition and he thinks there was 100 hands to it and being delivered to my Lord-Lieutenant he took exception because it concluded with desire of a Parliament and told them if they would leave out that Clause he would deliver it if not he would not and after long discourse wherein he shewed much Eloquence most of them continued their resolution to stand to that Petition and many went out of Town and left it without making question but it should be delivered to His Majesty My Lord after put it to Vote whereof there were many Papists and on the Vote delivered an Answer what he the Examinant doth not know for he staid behind to draw another Petition and an humble protestation to His Majesty that this Petition was the Answer of the Countrey Lord Wharton being Sworn and Examined to the point of the Petition His Lordship Answered That this was unexpected to him for he heard not of it from the Committee till he came into the place but he can perfectly speak to it having a little Interest in it himself being one of them who subscribed it That on Saturday in the afternoon being appointed to attend my Lord of Strafford touching this business for most of the Gentlemen desiring to be at home on a suddain went out of Town and desired him with some others to deliver this Petition to my Lord by his own hand to be delivered to the King he did so and accordingly desired my Lord to deliver it in the name of the Gentlemen that had set their Hands to it many being likewise with him on that occasion That my Lord of Strafford took exception to the clause for a Parliament and said That if they would put that out he would joyn in the rest of the Petition Divers of the Gentlemen that were there there being not many that had set their hands would not goe back from that which with so much Humility and Reason they thought was desired thereupon my Lord would not deliver it and went to the King But they that thought not fit to have the Petition altered thought not fit to go with him to the King and what he said he the Examinant knows not Sir William Pennyman being Sworn and Interrogated Whether a Warrant now shewed him was not under His Hand and Seal He confessed it was his Hand and Seal And that being desired to be read Sir William Pennyman offered to their Lordships that he presumes he comes to be a Witness against my Lord of Strafford not himself and referred it to their Lordships whether he should answer any thing against himself this having an oblique aspect on himself but if their Lordships will require him he will submit But Mr. Maynard upon opening of the matter shewing that they urge it only as grounded on my Lord of Strafford's Command for levying of Moneys It was read being to this effect To the Constable of Sergeant-Major Yaworthe's Company WHereas the Lord-Lieutenant-General of His Majesties Army by His Majesties Command sent forth Warrants to the Constable of this Weapontake of Longborough for Collecting and Paying the Soldiers of my Regiment Six weeks pay to be delivered from my hands which is not yet received from c. These are therefore once more in His Majesties Name to Will and Require you forthwith to pay or cause to be paid to the said Sergeant-Major the several Rates and Proportions both of the First and Second Contribution Assessed on your-Town c. And if any person or persons shall refuse so to do you are instantly on receit hereof to bring him or them c. to serve in their own persons for the defence of this County as the necessity of this Cause requires And hereof c. fail not 19 Octob. 1640. Sir William Pennyman being Asked Whether the Warrant was grounded on a former Command of my Lord of Strafford He Answered That he cannot directly speak to that he will not charge his memory with it for he thinks the first Warrant was issued by the Vice-President and whether any was issued by my Lord of Straffords direction he cannot Answer precisely but he conceives there was and he hath a confused notion in his head but he cannot particularly and distinctly remember it Being Asked Whether he knew any Deputy-Lieutenants were drawn to issue a Warrant to levy money on the Country on this ground that the Lords of the Great Council had consented to it He Answered That he conceives they were summoned thither together and on this occasion when the Trayned-Bands were disbanded it was thought fit the Frontier-Regiments viz. his the Examinants and Sir Thomas Danbies should be continued but he the Examinant Conceiving it unreasonable and unequal that they should continue at their own Charge and the rest not tributary to them and at least they not being ordered to march successively to relieve them he the Examinant complained thereof to my Lord of Strafford they were thereupon sent for and an Order was made to which he the Examinant refers himself Being asked Whether it was not to this effect Whether those that would not pay their Money should serve in Person He Answered Sure he believes it was for his Warrant is a relative Warrant to that other Being Asked On what Grounds the Deputy Lieutenants were induced to make such an Order and Whether it was not on an Allegation that the Lords of the Great Council had Consented or Commanded it should be done He Answered That he presumes it is matter of Record if a man may say so for the Warrant will speak But he presumes there was some such thing spoken by my Lord of Strafford that he had acquainted His Majesty with it or the Greatest Counsel or to that effect and that induced them to put that into the Preamble of the Order Being prest to speak his knowledge He Answered That truely he verily believes it was so Being prest again to speak his knowledge positively He Answered That he doth very Confidently and assuredly believe it is so but he doth not particularly remember it for it is a great while since he saw that Warrant but it is matter of Record and if he sees a Copy of the Warrant he shall let their Lordships know whether it be a true Copy Being prest further to Answer Upon what ground it was made And whether upon an Allegation of a Consent of the Lords of the great Council He Answered That he cannot further Answer than before he doth very confidently believe it to be so for he doth remember my Lord of Strafford told them he had acquainted the Kings Majesty or the Lords of the Great Council which induced them to put them into the preamble of the Order Being yet urged to
and prove the Charge For him to say That as he was then qualified because he was Lieutenant General of the Army he might send his Warrants to Tax the Kings Subjects without Parliament is to take on him the Power of a Parliament for under favour no such Tax can be made without assent in Parliament So that what my Lord of Strafford hath declared as a ground of his Defence is a good ground of his Condemnation My Lord of Strafford did here desire liberty to speak to the Testimony of Mr. Cholmley which is new matter and he besought their Lordships to observe That he did not say as Sir William Ingram That the Money should be paid and he that paid not the Money should be in little better condition then High Treason But he that denies his Allegiance to the King to go with Him in His Wars in Defence of the Realm is little better than guilty of Treason or is Fineable in the Star-Chamber But because these are tender Points and he little understands them and they take hold of all that falls from him he shall say no more but that the Testimony of the one and the other are two several things And his Lordship proceeded to speak something touching Sir William Ingrams Testimony which Mr. Glyn interposed and said That 's no new matter but it only arises out of his Answer and therefore he desired no more might be said to that He proceeded to other matters contained in the Reply and offered to their Lordships That it had been said he did publiquely justify at the Bar that he had power to lay Taxes and to force payment but he said under favour no such thing but that he having the Kings Commission and Power to call in such as he should think fit to serve the King for defence of the Realm and this being pursuant to the Act of Parliament of 11 H. 7. he said he might justify as he conceives the calling of the Regiments to relieve by turns one another as there should be occasion but to say he had power to Tax what he pleased God forbid he should say or think such a thing He is not the wisest man in the world yet not so ignorant but to know that the one were a great breach on the fundamental propriety and liberty of the Subject but to call men to perform their Duty for preservation of the King and Kingdom he conceives to be a quite different thing His Lordship proceeded to speak to some part of the Reply concerning his sending forth of Warrants to levy by force Which being excepted against as new mattermy Lord of Strafford answer'd That if he speaks new matter it is sufficient punishment to him My Lord of Strafford proceeded That he is charged to be the procurer of Sir William Pennymans sending a Warrant to levy by force whereas he said the Warrant was issued by him and the Deputy-Lieutenants But that being denyed and apprehended to be new matter Mr. Whitlock desired to Reply to my Lord of Strafford's Answer to what he had formerly opened wherein he conceived he was not mistaken but if he were he submitted but he opened it thus That as my Lord of Strafford with the Power and Commission he had he said he might justify what he had done and it proved that he sent Warrants to levy Money and these Moneys were levyed by force Mr. Maynard added That they are here for the King and Common-wealth and desired that Right might be spared them and that there might not be continual Replyes That no colour of Answer is given that because a man must serve in person therefore Money must be required of him else he must be brought by Head and Shoulders to serve in person They offered a Warrant made upon peril of Life under the Hand and Seal of Sir Edward Osborne Whence Mr. Maynard observed That there is Imprisonment Levying of Money charging upon pain of Life levying of Goods nothing can be put upon the Subject but it hath been offered in this Case Mr. Glyn Summ'd up their Proofs saying Since my Lord of Strafford will have another Reply they have produced their Proofs That he hath levied War against the Kings Subjects and did before declare an Intention to levy Money which was afterwards done by his direction Sir William Pennyman proves that Warrants were issued and in such sort as mentions a coertion They have in pursuance proved it to be levied by four Musquetiers if he gave direction another gave execution and the parties Body must be carried away if he pays not which is a levying of War against the Kings Subjects and Gogan 5 R. 2. was accused of Treason for forceing a man to enter into Bond which is not so much as to force those payments on the Kings Subjects They produced Sir Edward Osborns Warrant attested by Mr. Cholmley to be the Original Warrant that he had from Mr. Vice-President to send for the levying of the Money To the c. WHereas His Majesty is informed that the Regiment under Command of Col. Cholmley is set forth with little Money which expresses great disaffection to His Majesties service and wilful neglect of your own and the whole Kingdoms safety the Scotch Army having taken Newcastle and being on their march towards these parts These are therefore to Will and require you in His Majesties Name and by His special Command to raise and cause to be raised by the Port Constable or otherwise as you shall think best the sum of 20s 8d at least for each common Soldiers belonging to such Towns or Parishes and to send the same immediately to York to be delivered to the Colonel for Pay and Supply of the said Soldiers and likewise to charge and command all and every person and persons who find private Arms or contribute thereunto forthwith to send the like sum at least to York to be disposed as aforesaid And in case any of them refuse to contribute you are required by like Command to certify me the Names of such refusers that a Messenger may be sent to bring them hither to serve in person and be severely punished according to the Quality of so high an offence seeing the safety of His Majesties Person and the safety of the Kingdom depends on this Fail not in the speedy execution thereof as you will answer to the contrary on peril of your life Dated the last of August 1640. Mr. Maynard desired their Lordships to observe the former Deposition that my Lord of Strafford should say The Vice-President shall or may send forth Warrants and it is originally my Lord of Straffords fault And so they concluded the 27th Article Mr. Glyn did offer to their Lordships that there is the 28th Article remaining wherein whether shall proceed or no they have not yet resolved But they desired another day to be heard they having something more to say And so the Court was Adjourned and the next day was