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

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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
November 6th 1640. THe House of Commons having in the first place according to ancient Custom setled all their Grand Committees for Religion Grievances Courts of Justice Trade and Priviledges It was moved That in regard the Complaints of the Kings Subjects in Ireland were many who had undergone great Oppressions in that Kingdom by Male-Government there and come to this Parliament for Relief might be referred to a Committee of the whole House for that purpose only to be appointed This motion being made by Mr. Pym and seconded by Sir Iohn Clotworthy avowing many particulars of the Complaints mentioned to be true it made a Discovery to such as were well-wishers to Thomas Lord Wentworth Earl of Strafford and Lord Lieutenant of Ireland that this Motion was intended by a side-wind to accumulate Complaints against him the said Lord Lieutenant in order to an Accusation so when the question was put after long debate viz. Whether the Irish Affairs should be referred to a Committee of the whole House The House was divided Sir Iohn Clotworthy and Sir Henry Mildmay being of Opinion for the Yeas were appointed Tellers of the number of the Noes and Sir Edward Bainton and Sir Richard Luson being of Opinion not to refer this business of Ireland to a Grand Committee conceiving it without President were appointed Tellers of the number of the Yeas and when they had told all they came up to the Table and made this Report to Mr. Speaker That there were with the Yeas 165 and with the Noes 152 whereupon it was Resolved upon the Question That the Irish Affairs should be referred to a Grand Committee of the whole House to meet to morrow in the Afternoon at Two of the Clock in the House and afterwards every Thursday at the same hour and place And this Committee is Ordered to have the like Power as the other Grand Committees of the whole House have This Vote being carried for a Grand Committee as to Irish Affairs a Cabal of Friends to the Earl of Strafford sent down post unto him into York-shire to acquaint him that they apprehended a Design against him in the making of this Committee and left it to his own Election whether he would stay still on the Head of his Army or come up to the Parliament But if he did incline to come up that he would at his first appearance Impeach some Members of both Houses if he had Evidence for the same of being privy to the bringing the Scotch Army into this Kingdom and told him It was his wisdom to begin first and not to be first Impeached as the Earl of Bristol was by the great Duke of Buckingham The said Earl upon the receipt of this Advertisement suddenly resolved to come up and abide the Test of Parliament But his Friends then with him in the North told him That his frank appearance would make Polit●ans doubt whether he did thereby assume his Judgment and wonted Prudence to go thus from his Army to the Parliament where his Wisdom could not but know that the Scots and Scotizing-English had resolved his destruction and therefore said they unto him It were better to keep under the safe-guard of the English Army at his Command from which he had acquired some affection or retire to the Army in Ireland then being also at his Devotion or take Sanctuary in some Forreign Parts till fair weather might invite him home neither said they would Discretion Vote it a betraying of his Innocency to decline a Trial whereby the means of Factions raised in England and Scotland by his malicious Prosecutors and backed with Power his Innocency could not protect him They further told him that if Sentence should pass against him for Non-appearance yet he had kept his freedom till better times when he might have occasion to do His Master better Service abroad than in Council at White-hall But the said Earl conceiving he had got good Evidence in the North that the Scots came in by Invitation and Confederacy between the Heads of the Covenanters and some of the English Members of both Houses and having digested such his Intelligence almost into the form of an Impeachment he posted up with the same intending to present it to the House of Peers as soon as he arrived there But on Wednesday Nov. 11th the House of Commons being acquainted by a Member that there was a business of great weight to be imparted desired the House that the Lobby without might be first cleared and the Key of the House brought up to the Table which was done accordingly and as the House had entred into debate about the Earl of Strafford there came a Message from the Lords by the Lord Chief Justice Bramstom and Judge Foster That the King had commanded the Lords Commissioners who were appointed to Treat with the Scots Commissioners at Rippon to give an Account to both Houses of Parliament of that which passed there and at York and thereupon the Lords desire there may be a meeting by a Committee of both Houses this Afternoon in the Painted-Chamber at Three of the Clock if the occasions of this House will give leave At this time many Members of the House conceived this Message was now sent to get Intelligence what private debate was in hand The House of Commons returned this Answer by the same Messengers That at this time they were in Agitation of very Weighty and Important Affairs and therefore they do doubt they shall not be ready to give them a meeting this Afternoon as the Lords desire but as soon as they may they will send an Answer by Messengers of their own After the Messengers were withdrawn the House proceeded in the Debate they were in before and appointed a Committee to prepare matter upon the said Debate for a Conference with the Lords concerning the 〈◊〉 of 〈◊〉 and named seven Members viz. Mr. Pym Mr. Stroud Mr. St. Iohn Lord Digby Sir Iohn Clotworthy Sir Walter Earle and Mr. Hampden Which select Committee retired immediately into the Committee-Chamber to prepare Matter of a Conference to be prayed with the Lords and a Charge against the Earl of Strafford The said Committee presently returned to the House and reported the Matter to them referred Whereupon it was Resolved upon the Question That a Message be sent from this House to the Lords in the Name of this House and of all the Commons of England to accuse Thomas Lord Wentworth Earl of Strafford Lord Lieutenant of Ireland of High Treason and to desire that he may be Sequestred from Parliament and be Committed to Prison and that within some convenient time this House will resort to their Lordships with particular Accusations and Articles against him Mr. Pym went up with this Message to the Lords and at his Return made this Report to the House That he had Repaired to the Lords and there in the Name of this House and of all the Commons of England did Accuse the said Earl of Strafford
great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Iudice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruine and Destruction of the Common Wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruine and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be Licenced by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. Monday November 30th 1640. Sir Thomas Roe Mr. Pym Mr. Strode Mr. St. Iohns Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Maynard Mr. Hyde Mr. Whistler Mr. Palmer Mr. Glyn Mr. Solicitor Mr. Selden My Lord Dungarvan Sir Francis Seymor Sir Hugh Cholmely Lord Wenman Sir Io. Evelyn Sir Benjamin Rudyard Sir Iames Thynn Sir Iohn Culpepper Sir Iohn Strangwaies Sir Symon D'Ewes Mr. George Vane Lord Cramborne Lord Compton Mr. Bellassis Mr. Kirton Sir Thomas Hutchison Sir William Bowyer Sir Iames Smith Sir Arthur Ingram Lord Russell Lord Ruthin Mr. Comisby Mr. Noel Sir Thomas Bowyer Mr. Cecill Lord Fairfax Sir Thomas Widdrington Sir Peter Hayman Sir Iohn Holland Mr. Iames Fynes Sir Robert Crane Sir Iohn Corbet Mr. Io. Alford Sir Roger North Sir Edmond Mountford Mr. Whitlocke Mr. Mountagne Lord Faulkland Sir Peter Stapleton Sir Henry Mildmay Lord Herbert Sir Richard Wynn Sir Edward Rodney Sir Ralph Hopton This Committee is to meet with the Committee of 30 of the Lords concerning a Message sent hither on Friday last from their Lordships touching a Message sent formerly from this House to them by Mr. Pym for the Examination of their Members in the Accusation of the Earl of Strafford and touching a free Conference upon the last Point of that Message that some of the Members of this House should be present at the Examination of Witnesses to be propounded by this House to be examined in the Accusation of the Earl of Strafford The Petition of several of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten directed to the whole House of Commons in England read The Humble Petition of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten To the King 's most Excellent Majesty read The two Gentlemen Mr. Io. Bellewe and Mr. Oliver Castle who brought over those Petitions were called in and demanded by Mr. Speaker several Questions These Gentlemen were again called in and Mr. Speaker told them This House has taken into Consideration your Petition and in due time you shall know the Pleasure of this House Ordered That the Lieutenant of the Tower be required from this House that he do not suffer Sir George Ratcliff to speak with the Earl of Strafford a Prisoner there until further Order be given from this House nor suffer any Message or Letter to be sent from Sir George Ratcliff unto him or if any such be to
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
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
also the very same which were presented before in the Upper House Some gave the reason of this because the House of Commons had not heard those Accusations in Publick before Others that the formality of the Process required no less however that day was spent in that Exercise The Queen went from the House about Eleven of the Clock the King and Prince staid till the meeting was dissolved which was after Two The Lieutenant was sent to the Tower by his Guard and appointed to return upon Tuesday at Nine of the Clock in the Morning The crowd of people was neither great nor troublesome all of them saluted him and he them with great humility and courtesie both at his Entrance and at his Return therefore let Fame pretend what it please about the malice and discontent of the Multitude That if he pass the stroke of Iustice they will tear him in pieces yet there is more in Rumor than in Sight and Appearance and in this Report as in all others of this nature more is thrust upon the Vulgar who seem as well fearful of Punishment as exempt from it for all their great number than they did justly deserve at this time Monday March 22. 1640. Post Merid. The House of Commons spent the Forenoon in the first days Trial of Thomas Earl of Strafford in Westminster-Hall But in the Afternoon the House Ordered That in case the Earl of Strafford shall ask leave or shall have liberty given him to speak any thing by way of Defence before such time as the Members appointed to manage the Evidence shall enter into the managing of their Evidence that then they shall Interpose