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 Politâ—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 and if so be that notwithstanding such Interposition the Lords shall give him leave so to speak that then they shall forbear to proceed any further in the managing of their Evidence until they have Reported unto the House and received further Order from them Ordered That the House shall meet to morrow in Westminster-Hall as a Committee and that the House sit to morrow in the Afternoon at Two of the Clock Ordered That the Committee formerly appointed shall attend at the doors at the Entrance of the place prepared for the Committee of the House of Commons at the Trial of Thomas Earl of Strafford Tuesday March 23. 1640. Post Merid. Sir Philip Stapleton went up to the Lords with this Message To desire a free Conference by a Committee of both Houses concerning their joyning with this House to Petition His Majesty To disband the new-levied Irish Army Disarming the Papists Recusants and the removal of Papists from Court especially those formerly named viz. Mr. Walter Montague Sir Kenelme Digby Sir Iohn Winter and Sir Toby Mathew Sir Walter Earle and Mr. Reynolds are to manage this Conference and are to move the Lords to appoint a Petition to His Majesty and are to inforce their desire of removing the Papists from Court by that Circumstance of Mr. Walter Montagues appearing Yesterday before both Houses at the Trial of the Earl of Strafford Ordered That the House meet as a Committee in Westminster-Hall at Eight of the Clock and in the House at Two in the Afternoon which they are constantly to observe De die in diem during the Trial. The House does Expect that all the Members of the House should conform themselves to the Order made for Regulating matters at the Trial of Thomas Earl of Strafford and that the Committee appointed for that business shall complain of any that Conform not thereunto Wednesday March 24th 1640. Post Merid. Ordered That Mr. Treasurer and Mr. Comptroller move His Majesty That the Committees for the Earl of Strafford may have the perusal of Sir Edward Cook 's Pleas of the Crown Ordered That no Member of the House shall stand in the place appointed for the Earl of Strafford's Witnesses at the time of his Trial unless they be such as by the said Earl be required to be there as Witnesses Ordered That Sir Henry Mildmay move the Lord High Chamberlain that the door at the Entrance in at the Room appointed for those that manage the Evidence at the Trial of Thomas Earl of Strafford be kept shut and that there be some other passage for the Members to come into the House at and Captain Charles Price is added to the Committee appointed to Regulate matters at the Trial of Thomas Earl of Strafford Ordered That no Member of the House Confer with the Earl of Strafford during the time of the Trial. Thursday March 25th 1641. Post Merid. Ordered That the Committee appointed to manage the Evidence at the Trial of Thomas Earl of Strafford shall have liberty to proceed upon such Articles as they shall think most Important for the speediest expediting of the Trial and to contract and proceed in such manner as they shall think most expedient Ordered That the Committee for the Earl of Strafford presently withdraw into the Court of Wards to prepare Heads for a Conference to be desired with the Lords concerning the preventing of all Delays in the speedier expediting the Trial of Thomas Earl of Strafford Sir Iohn Culpepper Reports from the Committee that was appointed to draw Heads for a Conference to be desired with the Lords concerning the preventing of all Delays in the Trial of the Earl of Strafford to this purpose To Represent to the Lords the necessity of Expediting the Earl of Strafford's Trial in respect of the pressing Occasions of both Houses and of the Estate of the whole Kingdom which will be much interrupted and prejudiced by the Protraction of this Trial In this Consideration the House of Commons desired their Lordships that they would be pleased to prevent all unnecessary Delays which may be occasioned by the Earl of Strafford's impertinent Exceptions which as they will take up much time in Debate so they may occasion frequent Adjournments the which we desire their Lordships to take into Consideration that they may be avoided Resolved upon the Question That this shall be the Subject of the Conference Sir Io. Eveling went up to the Lords to desire a Conference concerning the Trial of the Earl of Strafford and Sir Io. Culpepper is appointed to manage this Conference Monday March 29th 1641. Post Merid. Sir Thomas Barington is appointed to go up to the Lords to desire a Conference by a Committee of both Houses concerning the Trial of Thomas Earl of Strafford This House doth conceive That the Examination of the Lord Primate of Ireland already taken is not to be urged in regard none of the Members of this House were present at the taking of it but the Examination of him provided that some of the Committee appointed to manage the Evidence at the Trial be present thereat this House will not oppose it saving their own Rights and in like cases the House leaves it to the Committee to proceed in such manner as they shall think agreeable to Law and Justice And this to be the Subject Matter of the
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
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
they must be sworn But that now I answer only to Treason If I were neither privy to the taking out of the Commission nor any way employed in the executing of it I Appeal unto your Lordships and the Gentlemen of the House of Commons Whether I can be charged as Criminal as to this Commssion or any thing that proceeds from it As for the Sentence against Sir Conyers Darcy it was Just and he complained not of it Of which I have a Copy and desire it may be read That from the first Institution of the Court of President and Council at York That Court had both a Star-Chamber and Chancery Power as will appear by all the Instructions before that time That if there be an Errour in a Judge so that he give a Sentence otherwise than a man of better understanding conceives reason for there is no cause it should be heightned to a Treason to take from him his Life and Honour and all he hath meerly because he was not so wise a man as he might have been nor so understanding as another And if this be prest on Judges I think few Judges will serve And for my part I had rather go to my Cottage as the Witness saith then serve on these Terms The Charge lays it to be done in May 8 Car. and divers years following and the Instructions came not in time till the 21st Mar. 8 Car. which I conceive to be a mistaking of the year That as to the Sentence of Sir Iohn Bourcher which is charged upon me but not insisted upon by the Gentleman I was no way acquainted with the beginning proceeding or ending of the Cause being all that while in Ireland so Your Lordships may observe with what uncertainty men may speak that do inform in such Cases That of the Commission the 13th of the King with which I am likewise charged as the Procurer of it I had no more knowledge than of that which was most forreign being at that time in Ireland and the Commission renewed of one of the Council in Fee I shall now descend to Proofs That the Commission 8 Car. was renewed upon Sir Iohn Meltons coming to be Secretary instead of Sir Arthur Ingram The Committee admitted it To the Testimonies given by the Witnesses I observe That Iohn Gore the first Witness speaks nothing to the renewing of the Commission but to his Fathers Commitment and that was in November but what year Non liquet But this is not within my Charge therefore I shall not Answer to that Though if it were in Charge I doubt not but in that and every thing else I shall give an account of an honest and just man not to say of a discreet and a wise man That for the Testimony of Iohn Musgrave it contains nothing within my Charge and I can say nothing to it but by way of Divination And he is but a single Witness And therefore I conceive shall hardly be able to convince any man of High Treason hardly of a Trespass That what Iohn Musgrave speaks of is grounded on a question of the Jurisdiction of Courts and one rule of our Law is Boni judicis est amplicare Iurisdictionem And why the enlarging of a Jurisdiction should be heightned to a Treason I Appeal to Your Lordships Nobleness Justice and Honour to consider for I think there are none in place of Judicature but they will desire to enlarge their Jurisdiction as far as in Reason and Justice they may And it is a chast Ambition if rightly placed to have as much Power as may be That there may be Power to do the more good in the place where a man lives For F. Thorpe's Testimony I observe That I have nothing to say to him of Exception but that he speaks nothing to the purpose nor to any thing in the Charge I being Charged with the Execution of the Commission 8 and 13 of the King and all he speaks of is precedent in time And what he says is by hear-say from Mr. Justice Hutton and Sir William Ellis I do not remember my Lord Gorings speaking to me about Mr. Thorpe it being 12 13 or 14 years ago I have put in my Answer and if that be not Impeached by Testimony of Witnesses as it is not I conceive it ought to be allowed I desire to produce Witnesses wherein I have Liberty but not to examine on Oath And first To the time of my going towards Ireland His Lordships Secretary being interrogated He Answered That his Lordship went from London 8 Iuly 1633. towards Ireland the 9th year of the King Mr. Railton To the time of his Lordships going towards Ireland said That 8 Iuly 1633. My Lord began his Journey into Ireland being the Ninth year of the King The Committee for the Commons admitted that he went over in Iuly 1633. To the time of my Lord of Straffords coming from York Mr. Thomas Little says His Lordship came from York in Ianuary was eight years and returned not to York till 1636. To his Lordships doing any act as President of York since the said New Commission of Octavo Caroli Mr. Thomas Little says That since the date of that Commission his Lordship never sate as President of the North in any Cause whatsoever His Lordship offered to prove his being in Ireland when Sir Iohn Bourcher was censured by the Vice-President and Council But the Commons not pressing his Lordship in that matter he said If it be granted I have done To the Earl of Straffords being in Ireland when the Commission 8 Car. was renewed Mr. Thomas Little Answered being questioned My Lord was in Ireland at that time he went over in 1636. having come over in November before and was not in England again till 1639. And so My Lords I conclude my Defence That I am charged only with procuring and executing the Commission And this Answer I humbly offer and submit Iohn Gore speaks particularly of the occasion of enlarging the Commission upon the Arresting of his Father That my Lord of Strafford fell on his Knees desiring from His Majesty an enlarging of his Power else that he might go home So going out of England in Iuly after the Commission answers to the Procurement that was before That which his Lordship hath answered to F. Thorpe That the things by him complained of were in the time before the Commission may be used as an Argument That he was privy to the Instructions We produce I. Musgrave only to shew my Lords Violence about Prohibitions before this Commission was procured He growing so high a little before That he would lay them by the Heels that brought the Kings Writ The Council were awed that they durst not demand Justice So that the procuring of it suited most with his Design That his Witnesses had little contradicted what the Witnesses for the Commons had said That whereas it is said the Charge is not Treason if the Fact shall appear to their
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
great Piety he did publiquely express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding THE TABLE A. ABstract of the Earls Answer to the 28 Articles Pa. 22. to 30 Account Introductive of several Passages previous to the Tryal of Thomas Earl of Strafford p. 1. Accusation of High Treason of Thomas Earl of Strafford p. 3. Accusation of Sir George Ratcliffe p. 4. Act of Attainder at large 756. Mr. St. Johns Argument of Law concerning the same 675. to 705. It is read a Second time 47. Lord Digby's Speech to that Bill 50. Exceptions taken thereat by some Members 55 Act of Attainder as also the Act for continuance of this present Parliament past the Lords 755 A Message to the Lords to send to His Majesty for His consent to the Bill of Attainder and the continuance of this present Parliament 755. Act of Reversal of this Bill of Attainder 778 Adjournment of the Commons upon the Kings Speech May 1. 735. Answer of the Earl read containing 200 sheets of Paper 22. Army in Ireland new levied to be disbanded 18 and 42 Eight Articles against the Earl in maintainance of his Accusation 8 9. Articles of High Treason voted against Sir George Ratcliffe 17. Twenty eight Articles against the Earl sent up to the Lords 20. They are at large inserted 61. Article II. read charging the Earl with words saying The Kings little finger should be heavier than the loins of the Law c. 149. Names of Witnesses their Evidence Exception taken Interlocutory Passages Defence and Reply as to that Article 149 to 155. Artice III. read charging him with words saying That Ireland was a conquered Nation that the King might do with it as he pleased 155 Names of Witnesses their Evidence Exception taken Interlocutory passages Defence and Reply as to that Article 156 to 172 Artic. IV. read charging him with words that he would make all Ireland know That any Act of State there made should be as binding as an Act of Parliament 173. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 174 to 185. Article V. read charging him that he did procure to be given against the Lord Mountnorris sentence of death in a Council of War 186 and the sentence read 187. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 188 to 204. Article VI. read charging him with putting the Lord Mountnorris out of possession of his Freehold upon a Paper-Petition 205. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Aticle 205 to 213. Article VIII read Charging him with causing the Lord Loftus Lord Chancellor of Ireland to be close prisoner 221. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 222 to 235. Article IX read Charging him with assuming a Power above Law to give a general Warrant to the Bishops Officers to Arrest the Body of such as do not obey Ecclesiastical Decrees Sentences c. and to commit them and a Copy produced 236 237. Passages Interlocutory Defence and Reply 238 to 240. Article X. read Wherein he is charged with procuring the Customs to be Farmed to his own use and did procure the Native Commodities of Ireland to be rated in the Book of Rates for the Customs 241 The Case stated by Mr. Maynard 242 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 243 to 250 Article XI Agreed for the present to be laid aside 252 Article XII read Charging him with making a Monopoly of Tobacco getting the whole Trade into his hands 401 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 402 to 412 Article XIII read Charging him with getting great quantities of Flax into his hands enjoyning the working thereof into Yarn and Thread c. 416 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 416 to 428 Article XIV Laid aside for the present 425 Article XV. read Charging the Earl with imposing great sums of Money upon people without Warrant or colour of Law and causing the same to be levied by Troops of Soldiers 426 The Charge opened by Mr. Geoffrey Palmer 427 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 427 to 454 c. Article XVI read charging him with putting forth a Proclamation commanding the Nobility c. not to depart that Kingdom without his Licence 460 The Article opened by Mr. Palmer who proceeded to manage the Evidence 461 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 462 to 481 Interlocutory passages after the Reply 484 to 487 Article XIX read Charging him that he did with his own Authority contrive and frame a new and universal Oath against the Scots in Ireland 489 The Article opened by Mr. Whitlock 490 The Oath tendred to the Scots read 494 Names of Witnesses their Evidence Exceptions taken Interlocutory passages and Defence 494 to 498 More Interlocutory passages 499 to 502 The Oath tendred to some of the Scotch Nation refident in England 503 The Reply to the Earls Defence 508 Article XX. read Charging him with endeavouring to perswade and provoke His Majesty to an Offensive War against His Subjects of Scotland c. 515 Article XXI read Charging him with compelling His Majesty to call a Parliament in England with design to break the same and by Force and Power to raise Money 516 Article XXII read Charging him to have procured the Parliament in Ireland to declare their assistance in a War against the Scots and to raise an Army of 8000 Foot and 1000 Horse
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
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
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
to this High Court and to testifie in a Case of the highest Nature in case of Treason informed of against Sir George Ratcliff We did conceive it to be no breach of Priviledge of Parliament that he should be sent for and if the House require of us our Opinions concerning the manner of sending for him we shall tell you what we conceive of it Which Report being made It was Resolved upon the Question That Sir George Ratcliff shall be forthwith sent for to answer the Information that is Charged against him here of High Treason Resolved upon the Question That Sir Robert King shall forthwith be sent for hither as a Witness to testifie in case of High Treason Mr. Solicitor likewise offered from the Committee to the Consideration of the House two Orders which were read in haec verba and by Vote Ordered accordingly viz. It is Ordered by this House upon the Question That Sir George Ratcliff being as is informed a Member of the Parliament in Ireland because there is an Information in this House of High Treason against him shall be forthwith sent for and brought hither in safe Custody no Priviledge of Parliament extending to this Case Ordered two Messengers to be sent with these Orders and each Messenger to have Copies of both the Orders It was likewise Offered from the Committee That the Honourable Persons near the Chair would beseech His Majesty that He would be pleased to give such Directions as in His Wisdom He shall think fit for the more Expeditious sending for these Parties Mr. Treasurer delivered this Message to His Majesty Saturday November 14th 1640. Mr. Treasurer after he had read out of a Paper the Message which Yesterday the House desired him to deliver to His Majesty Declared that he had acquainted the King therewith who this morning hath given Order to Mr. Secretary Windebank who deals for the Affairs into Ireland to make instant Dispatch to the Deputy there that all Expedition be done according to the Message Secondly Concerning the three Letters desired by my Lord Mountnorris they were procured by Mr. Secretary Cook who was imployed about the Affairs for Ireland at that time that he is now in the Country in Darbyshire His Majesty will take some time to be informed in this and no time shall be lost and there shall be an Account given Wednesday November 18th 1640. Ordered that no Member of this House shall visit the Earl of Strafford during the time of his Restraint without Licence first obtained from the House Ordered a Message be sent to the Lords to desire them that they would please to appoint a Committee of a very few that in the presence of some of this House might take such Depositions and examine such Witnesses as they should name upon Interrogatories and Questions as shall be presented to them by Order of this House concerning the Earl of Strafford and the Interrogatories Testimonies and Witnesses to be kept private until the Charge be made full and perfect Ordered that Mr. Pym go up with this Message accompanied with so many as shall be pleased to go Then the House fell into Debate concerning those Lords who petitioned the King for a Parliament to be called Whereupon it was Resolved upon the Question That those Lords which were Petitioners to His Majesty at York in their Petition a Copy whereof was here now read have done nothing but what was Legal Just and Expedient for the good of the King and Kingdom and is now approved by the whole body of the Commons Resolved upon the Question That the Copy of the Petition now read and formerly preferred by the Lords to His Majesty at York shall be here Entred Thursday November 19th 1640. It is Ordered That if occasion shall be for the examination of any Members of this House in the business concerning the Earl of Strafford they shall be ready upon Notice to be examined upon Oath It is likewise Ordered That upon the Message to be sent from this House the Lords be desired to make the like Order for the Members and Assistants of their House and to desire their Lordships that if occasion be that any Privy-Counsellors be produced as Witnesses they will take such course as in their Judgments they shall think fit that they may be examined This Message to be sent to morrow morning by the Messengers formerly sent Mr. St. Iohns Mr. Palmer Mr. Glimer Mr. Selden Mr. Grimstone Mr. Maynard Sir Simond D'ewes Mr. Whstiler Mr. Thomas Widerington Mr. Sollicitor This Select Committee or any two of them are appointed to search the Record of Attainder in the Kings Bench in such manner and at such time as they shall think fit for the furtherance of the Charge in hand against the Earl of Strafford Friday November 20th 1640. Mr. Whistler Reported from the Committee for Irish Affairs That he is required by the Committee to Report to the House the Affairs of that Kingdom as they were set forth in a Remonstrance made by the House of Commons in this present Parliament in Ireland wherein it appeared that Trading was destroyed Industry disheartned new and unlawful Impositions were Imposed the Arbitrary Determinations of all Causes for Goods Land and Possessions by Petitions and Act at Council-Table where no Writ of Error can lie and the King loseth a Fine upon the Original Writ thereby That His Majesties Gracious Inclination for the good of that Kingdom is kept from them That there is a Monopoly of the sole Trade of Tobacco of more gain to the Parties interessed therein than the King 's whole Revenue in Ireland The destroying of the Plantation of London-Derry The Exorbitant Power of the High Commission which cryeth loud in all the three Kingdoms The Proclamation forbidding any to depart thence for England without Licence and pay dear for it The many Subsidies given and Monies raised for the King and still he is in Debt and therefore demands an account of His Treasure and desires present Redress or Access to His Majesty A Copy of the Remonstrance was delivered in under the Hand of the Clerk of the Parliament there and was read and shall be entred if so Ordered That the Secretaries there Mr. Slingsby and Mr. Little be required to send hither the Book of Entries of the several Petitions presented to the late Lord Deputy now Lord Lieutenant of Ireland and the several Orders and Proceedings thereupon made That Mr. Little the younger and Mr. Carpenter who have the Monopoly for Tobacco be required to send hither those Warrants by which they demand and have laid those Taxes upon Tobacco That the several Affairs of the Custom-House and Ports viz. Dublin Kingsale Yowhall Waterford Corke Galloway Carrick-Fergus and Bangor be required to send hither their Books of Entries whereby the Impositions laid upon several Commodities may appear there were several Warrants issued forth according to this Order and
sent away Post Merid. The Articles offered by a Member of this House against the Earl of Strafford are referred to the Committee that are to draw up the Charge against the said Earl which being Reported were as followeth Articles of the Commons assembled in Parliament against Thomas Earl of Strafford in maintenance of his Accusation whereby he stands Charged of High Treason 1. That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by traiterous words Counsels and Actions and by giving His Majesty Advice by force of Arms to compel his Loyal Subjects to submit thereunto 2. That he hath traiterously assumed to himself Regal Power over the Lives Liberties Persons Lands and Goods of His Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of His Majesties Liege People 3. That the better to inrich and inable himself to go through with his traiterous Designs he hath detained a great part of His Majesties Revenue without giving Legal account and hath taken great Sums out of the Exchequer converting them to his own Use when His Majesty wanted Money for His own urgent Occasions and His Army had been a long time unpaid 4. That he hath traiterously abused the Power and Authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual Dependance and Confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical Designs 5. That he hath maliciously endeavoured to stir up Enmity and Hostility between His Majesties Subjects of England and those of Scotland 6. That he hath traiterously broke the great Trust reposed in him by His Majesty of Lieutenant-General of His Army by wilful betraying divers of His Majesties Subjects to death his Army to a dishonourable Defeat by the Scots at Newborne and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss as that of New-Castle His Majesties Realm of England might be engaged in a National and irreconcilable Quarrel with the Scots 7. That to preserve himself from being questioned for those and other his traiterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious Slanders to incense His Majesty against Parliaments By which Words Counsels and Actions he hath traiterously and contrary to his Allegiance laboured to alienate the Hearts of the King's Liege People from His Majesty to set a Division between them and to ruine and destroy His Majesties Kingdoms for which they Impeach him of High Treason against our Soveraign Lord the King His Crown and Dignity 8. And he the said Earl of Strafford was Lord-Deputy of Ireland and Lieutenant-General of the Army there viz. His most Excellent Majesty for His Kingdoms both of England and Ireland and the 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 all His Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. That the said Commons by Protestations saving to themselves the liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering Proofs also of the Premisses or any of them or any other Impeachment or Accusation that shall be exhibited by them as the Cause shall according to the course of Parliaments require do pray that the said Earl may be put to Answer for all and every of the Premisses that such Proceedings Examinations Trials and Judgments may be upon every of them had and used as is agreeable to Law and Justice Tuesday November 24th 1640. These Articles thus Resolved upon by Question were by another Question Ordered to be engrossed against to morrow Morning and no Copies to be delivered of them in the Interim and the same Committee that prepared the Charge is to draw up the Interrogatories and Mr. Pym is to go up to the Lords with the Charge Wednesday November 25th 1640. Lord Digby went up with this Message to the Lords That this House desires a Conference with their Lordships by a Committee of both Houses concerning the Articles to be Exhibited against the Earl of Strafford Lord Digby brings Answer That their Lordships have Considered the Message and desire to meet a Committee of that House with a Committee of theirs presently in the Painted-Chamber The ingrossed Articles were again openly read in the House and agreed to be sent up to the Lords by Mr. Pym by a Vote upon the Question Mr. Pym before he went made a short Declaration of the substance of that he intended to deliver unto the Lords both before and after the delivery of the Articles Mr. Pym's Report of the Conference with the Lords in delivering up the Articles against the Earl of Strafford that he attended the great Committee of this House and in their presence delivered to the Committee of the Lords House the Charge against the Earl of Strafford and if any thing passed him through weakness or disability he desires the excuse of this House It was moved that Mr. Pym might have Thanks for his well delivery of the Charge against the Earl of Strafford Friday November 27th 1640. A Message from the Lords by Justice Littleton and Justice Bartley The Lords desire a Conference by a Committee of thirty of their House with a proportionable number of this House concerning the Message that was brought unto them by Mr. Pym touching the Examination of their Members in the Accusation of the Earl of Strafford and desire a free Conference touching the last Point of that Message that some of the Members of this House should be present at the Examination and they desire it this morning in the Painted-Chamber if it may stand with the conveniency of this House Answer returned by the same Messenger That this House has taken into Consideration their Lordships Message and will in Convenient time return Answer by Messengers of their own Saturday November 28th 1640. Mr. Whistler Reports from the Grand Committee for Irish Affairs that there are many Petitions and full of matter of Complaints of the proceedings in Ireland and Suitors here for Justice There are many Petitioners here whose Estates are so exhausted that they are scarce able to bring Witnesses from Ireland hither many great Persons of
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
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
to be transported and of the Statute made in the time of Queen Elizabeth and there in force prohibiting the Exportation of Wooll unless they pay to the Crown 5 s. the Stone the Trade and Shipping of that Kingdom are exceedingly increased To the Eleventh he saith Pipe-staves were prohibited in King Iames's Time and not Exported but by Licence from the Lord Treasurer of England or Lord-Deputy of Ireland who had 6 s. 8 d. a 1000 and his Secretary 3 s. 4 d. for the Licence but to restrain that destruction of Timber by Command of His Majesty and Advice of His Council for His Revenue in Ireland first 30 s. then 3 l. the money was paid to His Majesty who hath thereby about 1500 l. per annum and his Lordship lost about 4 or 500 l. per annum which his Predecessors had for such Licences This is paid by the Transporter not by the Natives whose Commodity nevertheless appears by the Article to be very much increased To the Twelfth he saith The Subsidies there are an Inheritance in the Crown by Act of Parliament 6 d. was paid for Subsidy and 1 s. 6 d. for Impost upon every pound of Tobacco and Farmed 10 or 20 l. per annum the Commons in Parliament 10 Car. Regis finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum Petitioned those Grants might be applied to increase His Majesties Revenue without calling upon the Subject but upon urgent Occasions Hereupon upon the Advice of the Committee of the Revenue and in consideration of a Proclamation made in England several Proclamations were made and this setled in a way till it could be confirmed by Parliament for which purpose a Bill is transmitted according to the desire of the Commons and the Impost of Tobacco is Let to Contractors for eleven years at 5000 l. per annum for the first five years and 10000 l. per annum for the other six years and the Earl hath lent money to forward the business and by His Majesties Allowance is a Partner but hath not as yet in two years last past had any Accompts thereof or made benefit thereby He knoweth of no whipping or other punishment the Farmes of the Customs are better than formerly 2000 l. per annum five 8 parts whereof is yearly paid unto His Majesty the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound the setling of that Revenue according to the Petition of the Commons he hath not raised or countenanced any Monopolies but opposed the same To the Thirteenth he saith He endeavoured to advance the Manufacture of Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired if they making their Cloaths not above a foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a foot became a yard in length and that soil is fit to bear it and the people love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in six years towards the maintenance of His Army and a like payment of 20000 l. per annum was after agreed and continued for three years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Leiger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamourous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about fourteen years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount◠and Sir 〈◊〉 Hamilton to the two former in regard of 〈◊〉 〈◊〉 then against them in the Castle-Chamber to the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Fredrick might come over which was granted He conceives such restraint to be necessary and if that it be
not continued it will prove of evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very able and expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 men were drawn out of the old to make Officers for the new Army and believeth the 1000 put to the old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Souldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practiced before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Ulster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have setled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 men who still remain in the King's pay and were sent into Ulster to secure those Parts or to land in Scotland to
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
were constrained for the Preservation of the Land to stay the Bullion they might thank themselves and the City receiving so great a benefit by Residing amongst them they made but an unthankful acknowledgment in such a Straight to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board and the Earl then shewed a Letter he received from the Earl of Leicester wherein was related That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris to peruse their Shop Books and Accompts and to Cess every man according to his Ability towards the payment of the King's Army and then said That it was but just for Us here in England to bless God for being under a King which could not think upon such a Pressing upon the People But the words in the Article or words to any such intent he did not speak and cannot sufficiently bemoan himself to have been in all his words so ill understood or so untruly Reported as he hath been To the 27th he saith He perswaded the Gentry of that Country to allow the Trained-Band a months Pay which they yielded and His Majesty graciously accepted It was by Council of War His Majesty being present thought fit the Trained-Bands should return save the two Regiments under the Command of Sir William Pennyman and Sir Thomas Danby It was assented unto by His Majesty and the great Council of the Peers then Assembled That those spared should Contribute and the said Earl was Commanded by them to see it done which was done accordingly by Warrants from him and from his Deputy-Lieutenants which was much less Charge to the Countries than otherwise and denies the other particular in the Article mentioned To the 28th he saith He was Lieutenant-General to the Earl of Northumberland about the 24th of August of 10 or 12000 Foot and 2000 Horse being at New-Castle under the Command of the Lord Conway and Sir Iacob Ashley and the rest of the Army at York the said Earl went from London and the 26th of August notwithstanding his extream weakness and came to York and having received a Letter from Sir Iacob Ashley that New-Castle was Fortified and that they must be Infamous Beasts to lose it and that it was fully Secured and being acquainted with several Dispatches sent by Mr. Secretary Vane by His Majesties Directions to the Lord Conway General of the Horse to oppose the Passage of the Scots over the River of Tyne the one dated 22. Augusti the other 23. Augusti another 24. Augusti another 26. Augusti the substance of which Letters are particularly mentioned in the Answer to this Article and to the same Letters the said Earl referreth himself The said Earl upon sight of this and Sir Iacob Ashley's Letter had reason to believe that all fitting preparation was made and then understanding that if the Scotish Army should pass the River not only New-Castle altogether Unfortified on the South part would be lost but the said Army of 11000 Foot and 2000 Horse endangered and hearing that the Scotish Army were distresied for want of Victuals and knowing the advantage that was in opposing the Passage of such a River Hereupon the said Earl by a Letter dated the 27th of August advised the Lord Conway with all the Horse and at least 8000 Foot and all the Cannon to March and Fight with them upon the passage of the River at which time the said Earl had no Charge of the Army but the truth is the Lord Conway having not with him all the Horse and not above 1500 Foot and only some part of the Cannon was in a posture to fight for the passage before the said Letter of advice came which he received not half an hour before the Fight began and proceeded according to his own judgment and His Majesties said general Direction and afterwards that is about the 30th of August and not before the said Earl took upon him the Charge of the Army at Darlington and brought it to York to be supplied with Necessaries that they wanted and purposed to have staid where they were quartered But hearing from many hands that there was a purpose to question him in Parliament and His Majesty having given him Liberty of staying there or coming away he left the Charge of the Army with the Lord Conway and other Officers as His Majesty had directed and came to London on Monday the 9th and the 11th of November was put under Restraint and so hath ever since remained And saith That the Town of New-Castle was no way under his Care and as to other matters whereto by Law he ought to answer and hath not answered he saith He is not Guilty of them or any of them in such manner and form as in the said Article is expressed and humbly prayeth a convenient time for making his Proofs and to justifie and maintain his Actions in Ireland by sight of His Majesties Warrants Records and Witnesses in that Kingdom and that if any mistake be in this Answer it may be amended And this the said Earl hopeth that upon equal Construction of his Words and Actions he shall appear free from any great and hainous Offences wherewith he is Charged and howsoever it shall please God to dispose of him he shall ever pray that by their Lordships great Wisdoms and Prudence the Affections of His Majesty and Duty of His Subjects may this Parliament be so surely knit together as may by God's blessing lastingly tend to the Prosperity and Flourishing Estate both of King and People Friday February 26th 1640. Ordered That the same Committee that was formerly appointed to draw up the Charge against the Earl of Strafford with the Addition of Mr. Palmer Mr. Selden Mr. Whitlock and Mr. Maynard do consider of the Articles and further Impeachmment of Thomas Earl of Strafford by the Commons and likewise the said Earl's Answer to those Articles and further Impeachment And they are likewise to consider of the Proofs and how the Witnesses may conveniently be brought together to give their Testimony Viva Voce in the business and they are to proceed in the secretest and speediest way they can for the advantage of the business in preparing it for a Trial and further Proceedings and they have Power to send for Persons Witnesses Papers Records or any thing else that they in their Judgments shall conceive fit or may conduce to the Service and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber The four Lawyers that were added to the Earl of Strafford's Committee made their Protestation of Secrecy openly in the House Sir George Wentworth upon his Protestation made to the House to keep secret all such Matters as passed this day had leave to resort to his Brother the Earl of Strafford but all the other Members of this House are restrained from resorting unto him without leave first obtained Saturday February 27th 1640. Mr. Whitlock Reports from the
of the Clock in the Treasury-Chamber A Message from the Lords to desire a free Conference by the same Committee that last met touching the Demands concerning the Trial of Thomas Earl of Strafford in the Painted-Chamber presently if it may stand with the conveniency of this House Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently by the same Committee as is desired The Committee for the Earl of Strafford are appointed to manage and Report this Conference Friday March 12th 1640. Mr. Whitlock Reports from the Earl of Strafford's Committee such Heads as that Committee does present unto this House to be the Heads of a free Conference to be desired with the Lords concerning the matter of the last free Conference with the Lords touching the Trial of Thomas Earl of Strafford Upon this Report It was Resolved upon the Question That this shall be the first Head of the free Conference viz. 1. As concerning Place that this House doth conceive that although the Bar of the Lord's House be removed and some Members thereof absent yet without the Bar the Room will not be sufficient to contain the Members of the House of Commons and that their Lordships will be pleased to direct some other Place for the Trial. For the Presidents concerning the Place their Lordships take notice in their Conference That the Parliament sate in the Chamber Blank 1 R. 2. but the Parliament being Summoned to appear at the King's Palace at Westminster if one Room be not convenient another Room might be desired that shall be more convenient Resolved upon the Question That this shall be the Second Head of the free Conference viz. 2. That the Earl of Strafford being Impeached by the Commons it doth belong to the House of Commons to Resolve who are to be present at the Trial and that of Right they may come as a House if they please but however they are Resolved to send their own Members as a Committee of the whole House Resolved upon the Question That this shall be the Third Head of that free Conference viz. 3. That by the managing of the Evidence this House doth mean the ordering applying and inforcing the Evidence according to the truth of the Fact Ordered That the Fourth Head of this Report now made from the Committee of the Earl of Strafford concerning the matter of Council be recommitted to the same Committee with the addition of the Lawyers of the House as was Yesterday made and they are likewise to take into Consideration what those Gentlemen have incurred that have been of Council with the Earl of Strafford he being accused of High Treason by this House in the Name of Themselves and of all the Commons of England and to present to this House what they think is fit to be done in that business and Mr. Peirepoint and Mr. Martin are added to this Committee as to this business and they are to meet this Afternoon at Two of the Clock in the Treasury-Chamber Saturday March 13th 1640. Mr. Peirepoint is appointed to go to the Lords to desire a free Conference by the same Committee that was last appointed for the free Conference touching the Trial of Thomas Earl of Strafford Mr. Whitlock Reports from the Committee for the Earl of Strafford That the House had heard part of this Report the other day viz. 1. The place of Trial. 2. The Persons to be present 3. The managing of the Evidence these three passed their Vote Yesterday The Fourth Head concerning Counsel was recommitted which received this Resolution That the Commons do acquaint their Lordships that if at any time during the Evidence the Counsel for the Earl of Strafford shall interpose when the Members of this House that are appointed to manage the Evidence are speaking they must of necessity desist because it will not become them to plead against Counsel and as concerning the allowing of Counsel in matters of Law and reserving to their Lordships to judge the Doubts what is matter of Law and what Fact the Commons do save to themselves all Right that doth appertain to them according to Law and course of Parliament and do declare That the Proceedings in this Case shall not be drawn into President to the prejudice of the Commons For the other matter concerning the Offence of the Counsel of the Earl of Strafford by being of Counsel with him without leave of this House the Committee could not proceed the other matter taking up the whole time The Committee for the Earl of Strafford are to manage this Conference Mr. Whitlock acquaints the House That according to the Command of this House he had delivered unto the Lords the Votes that had passed here concerning the Trial of Thomas Earl of Strafford A Message from the Lords desiring a free Conference by the same Committee touching the Demands concerning the Earl of Strafford presently in the Painted-Chamber if it may stand with the conveniency of this House 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 The same Committee is to manage and Report this Conference Mr. Whitlock Reports from the free Conference touching the Demands concerning the Trial of the Earl of Strafford That the Lord of Bath was pleased to declare in the Name of the Lords That the House had taken into Consideration those Demands made this Morning and agreed upon an Answer to every one of them First As to the Place they had agreed it should be in Westminster-Hall and the King to be made acquainted with it by the Lord Great Chamberlain Secondly For Persons their Lordships agreed to it That the House of Commons be present as a Committee of the whole House for this time with a saving of the Right of the Lords House either according to Law or Parliamentary Proceedings and that this shall not be drawn into President hereafter on either side For the Third For the managing of Our Evidence they grant it wholly For the Fourth For Counsel in managing and forcing of Evidence the Counsel of the Earl of Strafford is not to speak nor interrupt the matter of the House of Commons until all the Evidence is finished and the Counsel is not to stand at the Bar but in some convenient place where they may hear and that they may speak for matter of Law but not for matter of Fact and that not unless their Lordships shall see fitting Next For the time my Lord of Bath did tell Us They could not yet Resolve upon it till the Surveyor and Workmen that did take care to build the Scaffolds did give account how soon they could be ready Ordered That it be referred to the Committee for the Earl of Strafford with the addition made to the Committee for this purpose to consider of the saving and the other part of the Report now made from the
free Conference concerning the Trial of Thomas Earl of Strafford and they are to present to the House what they think fit to be done thereupon Monday March 15th 1640. A Message from the Lords That the House of Peers desire a Conference concerning the time of the Earl of Strafford's Trial and some other Circumstances that concern that Trial they desire it presently in the Painted-Chamber if it may stand with the conveniency of this House by the same former Committee 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 by the same Committee Mr. Whitlock Reports the Conference had with the Lords concerning the Trial of the Earl of Strafford in haec verba That the Lord of Bath did tell Us That he had something to acquaint Us from the Lords That their Lordships had Ordered That the Place for the Trial of the Earl of Strafford shall be in Westminster-Hall That the King hath been acquainted therewith and hath been pleased to assent thereunto That the time for the said Trial shall begin on Monday next at Nine of the Clock in the Forenoon and that against that time Care is taken that all things shall be prepared and made ready and that the Lords will be pleased to give notice of the time appointed for this Trial to the Earl of Strafford to attend accordingly and a Warrant is to be directed to the Lieutenant of the Tower to bring the said Earl of Strafford at the time and to the place aforesaid After this the Earl of Essex told Us The Lords did take into Consideration something alledged in the Earl of Strafford's Answer to the 27 Article wherein the Peers that were of the Great Council had some Aspersion cast upon them that they had entred this Protestation Whereas the Lords of the Great Council at York to clear their Honours only have made their Protestation That they did neither Command nor Approve the raising of Monies in York-shire as is alledged by the Earl of Strafford in his Answer to the 27th Article Now the said Protestation is by this House unanimously admitted And it is likewise Ordered That so much may be intimated to the Committee of the House of Commons at the next Conference Moved That the Committee for the Earl of Strafford do consider of the last part of the Report now made concerning the Protestation made by the Lords of the Great Council at York how far they may make use of it in the Evidence at the Trial of the Earl of Strafford Ordered That the Committee for the Earl of Strafford consider of the last part of the Report of the Commitee concerning the Protestation made by the Lords of the Great Council at York how far they may think fit to make use of it as Evidence at the Trial. Tuesday March 16th 1640. Mr. Whitlock Reports from the Committee for the Earl of Strafford That whereas the House of Commons have formerly declared to their Lordships that the Earl of Strafford being Impeached by them they do conceive it doth belong to them to Resolve in what manner they will be present at his Trial and that of Right they may come as a House if they please but for some special Reasons upon this occasion they are Resolved to send their own Members as a Committee of the whole House Authorized by the House to be present at the Trial to hear and some particular Persons of themselves to manage the Evidence The House of Commons doth still continue their Resolution in every part thereof and therein and in the matter of allowing Counsel And their Lordships Reservation to their Judgment what is matter of Fact and what not the House of Commons do save to themselves as they have formerly done all Rights that do appertain to them according to Law and the course of Parliament and do declare That the Proceedings in this Case shall not be drawn into President to the Prejudice of the Commons Ordered That this Protestation be by way of Conference transferred to the Lords Wednesday March 17th 1640. Ordered That Mr. Pym shall make Report of three especial Cases that concern the Earl of Strafford's business on Friday morning next Thursday March 18th 1640. Ordered That the Earl of Strafford's Committee of Twelve do attend that Service and lay aside all other Excuses and Occasions unless they be otherwise Commanded by this House and Mr. Glyn is added to this Committee Friday March 19th 1640. Ordered That a Warrant under Mr. Speaker's Hand be directed to the Master of the Marshalsey of the Kings Bench requiring him to send Robert Coyne a Prisoner there upon Execution in safe Custody to attend the Committee for the Earl of Strafford De die in Diem so long as the Committee shall so require Ordered That Patrick Allen an Irish Merchant who has a Petition depending here shall have the Liberty to go abroad with a Keeper to Prosecute his business here and to be examined as a Witness at the Committee for the Earl of Strafford Sir Thomas Barrington Sir Iohn Culpepper Sir Io. Strangwayes Mr. Ashburnham Sir Io. Hotham Sir William Litton Sir Io. Holland Sir Robert Pye Mr. Wheeler Mr. Lawrence and Mr. Whittaker are appointed as a Committee to View the place for the Earl of Strafford's Trial and to think of some convenient manner for the Committee of the House to go in and be present at the said Trial and for Mr. Speaker to be there in a private manner and they are to meet this Afternoon at Two of the Clock in the inner Court of Wards Saturday March 20th 1640. Ordered That the Earl of Strafford's Committee of 13 shall have Power to manage the Evidence in such manner as they shall think fit to manage the same at the Trial of the Earl of Strafford Ordered That Mr. White and Mr. Prideaux be appointed to take Notes of the Passages of the Trial of Thomas Earl of Strafford and to Report them to the House if occasion be and that the Committee shall have Power if occasion be to make use of two more such as they shall think fit though not of the House Moved from the Earl of Strafford's Committee That it would please the House to give a fair and candid Interpretation of the Committees Labours and Endeavours in this business Upon Sir Iohn Culpepper's Report from the Committee appointed to view the Place and to Regulate the Order and the Manner of the Committee of the Houses coming and being there It was Ordered 1. That the Members of the Commons shall sit together without any Intermixture of others in that place which is prepared for them 2. That in respect of the inconveniency of it the Members shall not come to meet at the House on Monday morning but come directly to the place of the Trial. 3. That for the well-ordering of the business the said Committee with the addition
Conference and Mr. Whitlock is to manage it Friday April 2. 1641. Post Merid. Mr. Pym went up to the Lords to desire That such of their Lordships as this House shall have occasion to make use of in the Trial of the Earl of Strafford would be pleased to be present at the said Trial and by Name the Lord Treasurer Lord Admiral Earl of Bristoll Earl of Holland and Lord Conway be also named to the House with some other Lords that the House should have occasion to make use of namely the Lord Primate of Armagh E. Morton and Lord Newburgh Mr. Pym likewise nominated some Members of this House viz. Mr. Treasurer Sir William Pennyman Sir Iohn Hotham Sir Hugh Cholmly Mr. Henry Cholmy Mr. Thomas Price Sir Iohn Strangways Mr. Controllor Mr. Henry Piercy Sir William Envidale Sir Frederick Cornwallis Sir Henry Mildmay Mr. Nichols Mr. Fines Sir Thomas Heale Sir Thomas Barington Mr. Herbert Price a Note of these Names was given to the Serjeant at Arms attending on this House and he is Ordered to give Notice to the Members of the Lords to be present upon all occasions Saturday April 3. 1641. Post Merid. The Petition of Thomas Earl of Strafford was this day read and the like Order made upon it as was made upon the Petition of the 20th of March. Tuesday April 6th 1641. Post Merid. The humble Petition of Thomas Earl of Strafford was read and the same Order made upon it as was upon that of the 20th of March. Friday April 9th 1641. Post Merid. The Lord Russel is appointed to go up to the Lords to desire a Conference by a Committee of both Houses concerning the Proceedings in the Trial of Thomas Earl of Strafford The Heads of the free Conference to be to this effect To acquaint the Lords with the great Necessities of the Kingdom the Pressures of the Time and how much time has been spent in this Trial How prejudicial it will be to the Kingdom if any more then has been be spent and therefore to desire that to morrow may be appointed for a Peremptory day for the Earl of Strafford to be heard if he will come otherwise that the Committee of this House may proceed to the Replication to the whole matter and the Earl of Strafford to be absolutely concluded for saying any more to the matter of Fact Mr. Pym is to manage this Conference and Mr. Glyn and Mr. Hampden are joyned unto him as Assistants Mr. Pym acquaints the House That he hath delivered to the Lords what he was intrusted with by this House concerning the Trial of Thomas Earl of Strafford They gave no other Answer then that they would send Answer by Messengers of their own A Message from the Lords by Baron Hendon and Mr. Heath That the Lords have taken the last Message to this House into Consideration and have Resolved That if the Earl of Strafford come to morrow he may proceed according to the former Order if he comes not that then this House may proceed to Sum up the Evidence as to matter of Fact and the Earl of Strafford to be concluded as to matter of Fact Saturday April 10th 1641. Post Merid. Mr. Glyn Reports from the Committee for the Earl of Strafford some Grounds concerning the further Evidence that is offered by the Committee to corroborate the Evidence upon the latter part of the 23. Article And thereupon Sir Henry Vane the younger and Mr. Pym are appointed by this House to declare their whole knowledge concerning the matters contained in the 23. Article against the Earl of Strafford and how and by what means they came to the knowledge thereof which when they had done what Paper was produced by Mr. Pym and so much of it read by him as concerned the Earl of Strafford And then it was Resolved upon the Question That the Paper whereof Mr. Pym had now read in part shall be all of it read which was done and Notice being given of a Message from the Lords It was Ordered That all the Members keep their Seats and go not out of the House without leave Resolved upon the Question That the Bill of Attainder of the Earl of Strafford of High Treason shall be now read And accordingly the Bill was twice read Monday April 12. Post Merid. The Heads of a Conference to be desired with the Lords touching the Proceedings against the Earl of Strafford 1. The Narrative of the Evidence the Committee intended to have given on Saturday last concerning which they resorted to the House of Commons for further Direction to which Evidence two Members of this House were ready to depose The House fell into a great and long debate of the second Head And in the mean time Mr. Hampden went up to the Lords with this Message to signifie unto their Lordships That this House is now in Debate of a business of great Importance which they do intend to Communicate unto their Lordships but are not yet fully ready for a Conference and therefore they do intreat their Lordships would be pleased to sit a little while and they hope they shall come up very suddenly unto them The Earl of Strafford's Committee who retired to prepare the Second Head after some stay returned and presented this following to the House for a Second Head which was read and allowed of by the House viz. 2. That the House having taken Consideration thereof did conceive it very material that in regard of the Danger and Distractions of the present Times and that what time might be spent in Debate touching the admitting of the Evidence they Resolved to come to a general Reply setting aside that Evidence for this time saving to themselves their Rights to make use of the said Evidence for the farther Prosecution of the 23. Article if their Lordships shall be unsatisfied concerning the same without admitting the said Earl of Strafford to examine upon any of the other Articles which the House doth do to the end that the business might come to some speedy Conclusion the loss of time being of extream Danger and ill Consequence to the Common-wealth as they conceive Mr. Hampden brings Answer That the Lords will sit a convenient time 3. The third Head That upon occasion of discovery of this Evidence a Paper was read in the House whereby it did appear that at the same time when the dangers abroad were spoken by the Earl of Strafford touching the bringing the Irish Army into England other words were spoken by two others then present descyphered by those Letters L. Arch. and L. Cott. by which We conceive is meant the Lord Archbishop of Canterbury and Lord Cottington very full of Pernicious Counsels to the King and Slander to the Commons Assembled in the last Parliament as will appear if their Lordships will be pleased to hear the Papers read which Paper the Committee is commanded to read and leave it to their Consideration and to desire that their Lordships will take some course that it
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
come to a Resolution so soon as to come to their Lordships for a Conference this Afternoon If they can they Resolve to sit this Afternoon and desire their Lordships to do the like if it may stand with their Conveniency Mr. Peard brings Answer That their Lordships will meet at Four of the Clock Resolved upon the Question That a Committee of the whole House shall hear the Earl of Strafford's Counsel in Westminster-Hall concerning matter of Law Ordered That the House do this Afternoon take the Proceedings against the Earl of Strafford into further Consideration The Committee is to retire presently into the Committee-Chamber to prepare Heads for a Conference to be desired with the Lords concerning the further Proceedings against the Earl of Strafford Mr. Maynard Reports the Heads of this Conference to this effect 1. To take Notice of their Lordships Resolution to hear the Earl of Strafford's Council in matter of Law 2. To put their Lordships in mind of the saving of this House in that Point and further to tell them That if after his Council shall be heard any doubt shall remain with their Lordships they shall be ready to satisfie them in due time 3. That to this end they do intend to send a Committee of this House only to hear what his Council shall say These Particulars raised some Debate in the House and being put to the Question the House was divided upon it but yet after the Tellers were appointed the Noes yielded to the Yeas without telling 4. To desire that their Lordships will be pleased to use all Expedition to put an end to this Trial as much as in Justice may be 5. To desire a continuance of their Care that the Counsel under colour of speaking to the matter of Law ravel not into the matter of Fact Sir Robert Harly went up to the Lords to desire a free Conference with their Lordships by a Committee of both Houses upon the free Conference had Yesterday with their Lordships concerning the further Proceedings against the Earl of Strafford Sir Robert Harly brings Answer That their Lordships will give a present meeting as is desired The Committee that was appointed to prepare Heads for the Conference concerning the further Proceedings against the Earl of Strafford are to manage this Conference and to Report it if occasion be Ordered That the Committee formerly appointed to preserve places for the Committee of the whole House in Westminster-Hall do apply their Endeavours in that Service A Message from the Lords by Justice Foster and Justice Heath That the Lords have sent this Message that they will be set to morrow at ten in the Forenoon in Westminster-Hall to hear the Earl of Strafford's Council in matter of Law Saturday April 17th 1641. Post Merid. Ordered That the House be Resolved into a Grand Committee to take into further Consideration the Bill of Attainder of Thomas Earl of Strafford Mr. Speaker left the Chair Mr. Peard was called to the Chair of the Grand Committee and Mr. Speaker again assumed the Chair Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed on Monday morning at Seven of the Clock Monday April 19th 1641. Ordered That after the Conference shall be ended the House shall again be Resolved into a Committee to resume the farther Debate of the Earl of Strafford and all the Members are required to return from the Conference to the House Resolved upon the Question That the endeavour of Thomas Earl of Strafford to subvert the Ancient and Fundamental Laws of the Realm of England and Ireland and to Introduce an Arbitrary and Tyrannical Government against Law in both these Kingdoms is High Treason The Lord Digbye's Speech in the House of Commons to the Bill of Attainder of the Earl of Strafford April 21. 1641. Mr. Speaker We are now upon the Point of giving as much as in Us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom Thomas Earl of Strafford a Name of hatred in the present Age by his Practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactared I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon
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
Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and is Resolved to give a meeting at the time and place as is appointed Wednesday April 28th 1641. Post Merid. Ordered That Mr. Solicitor St. Iohn have Power to send for such Records as he shall think needful for that Service committed unto him for maintaining the Point of Law in the Case of the Earl of Strafford The same Committee as was formerly appointed to keep the Doors at Westminster-Hall is appointed to keep the Doors again to morrow Mr. Solicitor and Mr. Maynard and Mr. Glyn appointed as Assistants unto him are to sit in the most convenient places in the middle of the lower Rank Mr. Edward Hide went up to the Lords with this Message to acquaint their Lordships That the House hath received such Information as hath moved some Fears in them that the Earl of Strafford may have a design to Escape that he hath Ships at Sea at Command and that the Guards about him are weak therefore to desire their Lordships he may be a close Prisoner and the Guards strengthened Mr. Hide brings this Answer That their Lordships had heretofore given Directions to the Lieutenant of the Tower that he should be close Prisoner and take Care for a stronger Guard and will take it into Examination and give Directions as is desired Friday April 30th 1641. Post Merid. Ordered That Mr. Solicitor be required from this House to bring in a particular Copy of his Argument Yesterday in Westminster-Hall and likewise that Mr. Pym bring him a Copy of the Speeches spoken by him in Westminster-Hall both at the beginning and latter end of the Trial of the Earl of Strafford A Copy of the Paper posted up at the Corner of the Wall of Sir William Bronkard's House in the Old Palace-Yard in Westminster declaring the following Names to be Enemies of Iustice. The Lord Digby Lord Compton Lord Buckhurst Sir Robert Hatton Sir Thomas Fanshaw Sir Edward Alford Nicholas Slanning Sir Thomas Danby Sir George Wentworth Sir Peter Wentworth Sir Fred. Conwallis Sir William Carnaby Sir Richard Winn Sir Gervas Cliffton Sir William Withrington Sir William Pennyman Sir Patrick Carwin Sir Richard Lee Sir Henry Slingsby Sir William Portman Mr. Gervas Hollis Mr. Sydney Godolphin Mr. Cook Mr. Coventry Mr. Kirton Mr. Pollard Mr. Price Mr. Trevanyon Mr. Ieane Mr. Edgcombe Mr. Ben. Weston Mr. Selden Mr. Alford Mr. Loyd Mr. Herbert Captain Digby Serjeant Hyde Mr. Tayler Mr. Richard Weston Mr. Griffith Mr. Scawen Mr. Bridgman Mr. Fettyplace Doctor Turner Captain Charles Price Doctor Parry a Civilian Mr. Richard Arundel Mr. Newport Mr. Nowell Mr. Chichley Mr. Mallory Mr. Porter Mr. White Secretary to E. D. Mr. Warwick It is a Presumption that these Names were thus Posted up by some of those who came in multitudes to the Parliament House but he that took the List of their Names as Mr. Elsing told the Author was one Mr. W who Served for some Borough in the County of Wilts and who did not afterwards go to the King at Oxford in time of War though his Wife did but he staid in the Parliament to do what friendly Office he could for the King and his Party It is probable he gave a Copy of those Names to some Friends not intending to have the same made Publick in that manner The Name of one Member of the House that was in the List who is omitted in this viz. Sir Iohn Strangwayes who was not then in Town but Sir Iohn after his Return out of Dorsetshire complained that his Name was Posted up amongst others and moved that the business might be Examined how the List came abroad and was made Publick as aforesaid he being then in the Country Wednesday May 5th 1641. Mr. Solicitor is appointed to bring in his Argument he made in Westminster-Hall at the Trial of the Earl of Strafford on Monday last A Message from the Lords by Judge Reeves and Judge Forster That they give this House Thanks for sitting so long that they are still in Debate of the Bill against the Earl of Strafford so that this Night they cannot be ready for a Conference Saturday May 8th 1641. A Message from the Lords by Judge Forster and Judge Heath That the Bill of Attainder of Thomas Earl of Strafford is passed their House without any Alteration or Amendments Ordered That a Message be sent to the Lords to desire a free Conference by a Committee of both Houses concerning the Bill of Attainder of Thomas Earl of Strafford Mr. Hotham is to go up with this Message Mr. Pym is to manage this Conference the substance whereof is That in regard the Peace of the Kingdom doth much consist in the Execution of the Bill of Attainder of Thomas Earl of Strafford to desire their Lordships to move His Majesty as speedily as may be to give His Assent Mr. Hotham brings Answer That the Lords will give a present meeting at a free Conference by a Committee of both Houses as is desired Mr. Pym Reports That he had performed the Command of this House Ordered That this House shall joyn with the Lords to attend His Majesty to appoint a time when He would be pleased to set concerning His Assent to the Bill of Attainder of Thomas Earl of Strafford Mr. Pym brings word That the Lords have sent to His Majesty and this House shall hear from them very speedily A Message from the Lords by Judge Forster and Judge Heath That the Lords appointed by their House attended His Majesty who appointed that both Houses should attend Him at Four of the Clock in the Banqueting-House concerning the Bill of Attainder That they have Passed the Bill concerning the not Dissolving the Parliament Monday May 10th 1641. The Gentleman-Usher of the Black-Rod came to signifie to the House That His Majesties Assent to the Bill of Attainder is now to be given by Commission and that the Lords did expect Mr. Speaker and the House of Commons to come up Articles of the Commons Assembled in Parliament against Thomas Earl of Strafford in Maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21th day of March in the Eighth Year of His Majesties Reign was President of the King's Council in the Northern parts of England That the said Earl being President of the said Council on the 21th of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others the Commissioners therein named whereby among other things Power and Authority is limitted to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and
Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limitted and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to examine hear and determine according to the course of Proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Proceedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in practise such Instructions nor had they any such Instructions yet the said Earl in the month of May in the said Eighth Year and divers years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in those parts and did disinherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransome Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by advice of the said Earl And he the said Earl to the intent that such Illegal and Unjust Power might be exercised with the greater Licence and Will did advise counsel and procure further Directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall exceed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th Year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford II. That shortly after the obtaining of the said Commission dated the 21th of March in the Eighth Year of His Majesties Reign to wit the last day of August then next following he the said Earl to bring His Majesties Liege-people into a dislike of His Majesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to Law and in the presence of the Iustices sitting that some of the Iustices were all for Law and nothing would please them but Law but they should find that the King 's little Finger should be heavier than the Loines of the Law III. That the Realm of Ireland having been 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 IV. That Richard Earl of Cork 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 Eleventh 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 Eleventh 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 Cork claimed in certain Rectories or Tythes which the said Earl of Cork 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 Cork in the Castle-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 V. 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 Fréeholds Inheritances Liberties and Lives of His Majesties Subjects of the said Realm and
Merchandise XI That the said Earl in the Ninth Year of His Majesties Reign did by his own Will and Pleasure and for his own Lucre restrain the Exportation of the Commodities of that Kingdom without his Licence as namely Pipe-staves and other Commodities and then raised great Sums of Money for Licences of Exportation of those Commodities and dispensation of the said Restraints imposed on them by which means the Pipe-staves were raised from Four pound ten shillings or Five pound per thousand to ten pounds and sometimes Eleven pound per thousand and other Commodities were enhanced in the like proportion and by the same means by him the said Earl XII That the said Earl being Lord Deputy of Ireland on the Ninth day of January in the Thirteenth Year of His now Majesties Reign did then under colour to regulate the Importation of Tobacco into the said Realm of Ireland issue a Proclamation in His Majesties Name prohibiting the Importation of Tobacco without Licence of Him and the Council there from and after the First day of May Anno Dom. 1638. after which Restraint the said Earl notwithstanding the said Restraint caused divers great quantities of Tobacco to be Imported to his own use and fraughted divers Ships with Tobacco which he Imported to his own use and that if any Ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own price and if that the Owners refused to let him have the same at under values then they were not permitted to vent the same there by which undue means the said Earl having gotten the whole Trade of Tobacco into his own hands he sold it at great and excessive prizes such as he list to Impose for his own profit And the more to assure the said Monopoly of Tobacco he the said Earl on the Thrée and twentieth day of February in the Thirteenth Year aforesaid did issue another Proclamation commanding that none should put to sale any Tobacco by Whole-Sale from and after the last day of May then next following but what should be made up into Rolls and the same sealed with two Seals by himself appointed one at each end of the Roll. And such as was not sealed to be seized appointing six pence the pound for a Reward to such persons as should seize the same and the persons in whose custody the unsealed Tobacco should be found to be committed to Gaol which last Proclamation was coloured by a pretence for the restraining of the sale of unwholesome Tobacco but it was truly to advance the said Monopoly Which Proclamation the said Earl did rigorously put in execution by seizing the Goods Fining Imprisoning Whipping and putting the Offenders against the same Proclamation on the Pillory as namely Banaby Hubbard Edward Cavena John Tumen and divers others and made the Officers of State and Iustices of Peace and other Officers to serve him in the compassing and executing these unjust and undue Courses by which Cruelties and unjust Monopolies the said Earl raised 100000 l. per annum gain to himself And yet the said Earl though he enhanced the Customs where it concerned the Merchants in general yet drew down the Impost formerly taken on Tobacco from Six pence the pound to Three pence the pound it being for his own profit so to do And the said Earl by the same and other rigorous and undue means raised several other Monopolies and unlawful Exactions for his own gain viz. on Starch Iron-pots Glasses Tobacco-pipes and several other Commodities XIII 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 day of May and 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 Flar into Yarn and Thread and the Ordering of the same in such ways wherein the Natives of that Kingdom were unpractized and unskilful which Proclamations so issued were by his Commands and Warrants to His Majesties Iustices of Peace and other Officers and by other rigorous means put in Execution and the Flax wrought or ordered in other manner than 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 XIV That the said Earl by Proclamation dated the Sixteenth of October in the Fourteenth Year of His Majesties Reign did impose upon the Owners Masters Pursers and Boat-Swaines of every Ship a new and unlawful Oath viz. That they or two or more of them immediately after the arrival of any Ship within any Port or Créek in the said Kingdom of Ireland should give in a true In-voice of the outward bulk of Wares and Merchandizes first laden aboard them together with the several marks and number of Goods and their qualities and condition of the said Goods as far as to them should be known the Names of the several Merchants Proprietors of the said Goods and the place from whence they were Fraughted and whither they were Bound to discharge which Proclamation was accordingly put in Execution and sundry persons enforced to take the said unlawful Oath XV. That the said Earl of Strafford trayterously and wickedly devised and contrived by force of Arms and in a War-like manner to subdue the Subjects of the said Realm of Ireland and to bring them under his Tyrannical Power and Will and in pursuance of his wicked and trayterous Purposes aforesaid the said Earl of Strafford in the Eighth Year of His Majesties Reign did by his own Authority without any Warrant or colour of Law Tax and Impose great Sums of Money upon the Towns of Baltemore Bauden-Bridge Talowe and divers other Towns and Places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Souldiers with Force and Arms in a War-like manner And on the Ninth day of March in the Twelfth Year of His now Majesties Reign trayterously did give Authority unto Robert Savile a Serjeant at Arms and to the Captains of the Companies of Souldiers in several parts of that Realm to send such numbers of Souldiers to lie on the Lands and Houses of such as would not conform to his Orders until they should render Obedience to his said Orders and Warrants and after such submission and not before the said Souldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in War-like manner with Force and Arms put in Execution accordingly and by such War-like means did force divers of His Majesties Subjects of that Realm to submit themselves to his unlawful Commands And in the said
piece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the King's Liege-people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare That the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgment of His Supremacy only but to the Ceremonies and Government of the Church Established and to be established by His Majesties Royal Authority and said That the Refusers to obey he would prosecute to the blood XX. That the said Earl hath in the 15th and 16th Years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotish Nation and divers and sundry times and especially since the pacification made by His Majesty with His said Subjects of Scotland in Summer in the 15th Year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an offensive War against His said Subjects of the Scotish Nation And the said Earl by his Counsels Actions and Endeavours hath béen and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his mind towards His Majesties Subjects of the Scotish Nation viz. the Tenth day of October in the Fiftteenth Year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased His Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article only excepted and the said Earl hath caused divers of the Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War XXI That the said Earl of Strafford shortly after his Spéeches mentioned in the last precedent Articles to wit in the 15th Year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much Wisdom and Goodness had composed the Troubles in the North and had a pacification with his Subjects of Scotland he laboured by all means to procure His Majesty to break that pacification incensing His Majesty against His Subjects of that Kingdom and the procéeding of the Parliament there And having incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he counselled His Majesty to call a Parliament in England yet the said Earl intended that if the said procéedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous Designs he would then procure His Majesty to break the same and by ways of force and power to raise monies upon the Subjects of this Kingdom And for the encouragement of His Majesty to hearken to his advice he did before His Majesty and His Privy-Council then sitting in Council make a large Declaration that he would serve His Majesty in any other way in case the Parliament should not supply him XXII 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 directions for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederacing with one Sir George Ratcliff did together with him the said Sir George trayterously Conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Maiesties Subjects and of altering and subderting of the Fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford returned into England and to sundry persons declared his Opinion to be that His Majesty should first trie 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 néeded and that He should be acquitted both of God and man He took some other courses to supply Himself though it were against the wills of His Subjects XXIII That upon the Thirtéenth day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did accordingly 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 Majesties 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 Spéeches and Messages to urge the said Commons House to enter into some Resolution for His Majesties supply for maintenance of His War against His Subjects of Scotland 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 Majtsty of Twelve 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 Fifth 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 béen Members of the said House of Commons by telling His Majesty They had denied to supply him And afterwards upon the same day did traiterously and wickedly Counsel and Advise His Majesty to this effect viz. that having tried 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 tried 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 XXIV That in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and declared 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 ways 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 waies 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 standered 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 Kéeper 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 XXV That not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber and afterwards by his advice they were sued in Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his advice to the Council-Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the Names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these and the like Speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and that they were laid by the héels and some of the Aldermen hanged up XXVI That the said Earl by his wicked Counsels having brought His Majesty into excessive Charge without any just cause he did in the month of July last for the support of the said great Charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coin with the mixtures of Brass And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London Owners of the said Bullion and Money came to his house to let him understand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their Occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them That the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise monies by force was a point worthy of his Lordships consideration XXVII That in or about the month of August last he was made Lieutenant General of all His Majesties Forces 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 maintenance of every Souldier 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 terrour to yield to the payment of the same he did declare that he would commit them that refused the payment thereof and the Souldiers should be satisfied out of their Estates and and they that refused it were in very little better condition than of High Treason XXVIII That in the months of September and October last he the said Earl of Strafford being certified of the Scotish Army coming into the Kingdom and he the said Earl of Strafford being Lieutenant General of His Majesties Army he did not provide for the defence of the Town of Newcastle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malitious desire to engage the Kindgoms of England and Scotland in a National and bloody War he did write to the Lord Conway the General of the Horse and under the said Earls Command that he should fight with the Scotish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed the said Earl that His Majesties Army then under his Command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray His Majesties Army then under his Command to apparent danger and loss All and every which words counsels and actions of the said Earl of Strafford were spoken given and done by him the said Earl of Strafford traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the King's Liege-people of all His Realms from His Majesty and to set division between them and to ruine and destroy His Majesty and Majesties said Kingdoms for which they do further impeach him the said Thomas Earl of
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
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
Here is above 320000 l. consumed in a year which is almost as much as Queen Elizabeth consumed in any year when Tyrone was in Rebellion and an Army of Spaniards was there My Lords He saith he never took Money out of the Exchequer if he rests in that Affirmation it will be very near truth yet serves but to shadow a falshood which is worse to cover and to glaze under such a Colour of Truth as that is a notable Falshood My Lords It is true he hath taken no Money out of the Exchequer but he could be content to take from the Under-Treasurer of the Exchequer 24000 l. about two years since and to keep it for his own occasions when the Kings Army was in want And he paid it in but lately And before I pass from this matter of the Revenue give me leave to speak something of the increase that comes in by the Customs It is true there is a great increase but if your Lordships look to the beginning of that bargain you shall find the notablest cozenage that ever was offered to a Prince in one that was a sworn Servant and intrusted with so great a Charge It will be more fully opened in the Article that concerns the Customs but I shall speak of it a little He made a bargain and under pretence of getting of 1350 l. gain to the King he gave cause of Allowances and Defalcations whereby he took forth of the Kings Purse 6000 l. a year or very near which the King had before He laid new Additions of charge on the Customs which came to 12000 l. So that on a bargain of giving 1350 l. more than was reserved on the former Lease He was sure that when he made the bargain of gaining 18 or 20000 l. 8. But I shall pass from the Revenue of the Crown to the Revenue of the Church which is in the 8th place He saith he hath been a great Husband for the Church and truly hath brought in many Lands to the Church but he hath brought them in by ways without Law without Rules of Justice He hath taken away mens Inheritances And here My Lords is an offering of Rapine an offering of Injustice and Violence And will God accept such an Offering Must the Revenues of the Church be raised that way It is true it was the more in the way of his own Preferment He knew who sat at the Helme here the Archbishop of Canterbury and such services might win more credit with him It was not an Eye to God and Religion but an Eye to his own Preferment I shall speak no more of that 9. I come to the 9th head and that is the building of Churches Many Churches have been built since his Government Truly My Lords why he should have any Credit or Honour if other men builded Churches I know not I am sure we hear of no Churches he hath built himself If he would have been careful to have set up good Preachers that would have stirred up Devotion in men and made them desirous of the knowledge of God and by that means made more Churches it had been something But I hear nothing of Spiritual Edification nothing of the knowledge of God that by his means hath been dispersed in that Kingdom And certainly they that strive not to build up mens Souls in a Spiritual way of Edification let them build all the material Churches that can be they will do no good God is not worshipped with Walls but he is worshipped with Hearts 10. He saith in the 10th place That many Orthodox and Learned Preachers have been advanced by his means and the Doctrine and Discipline of the Church of England by his means Protected and Defended My Lords I shall give but two or three Paterns of the Clergy that he hath preferred If you will take Doctor Atherton he is not to be found now above Ground for he was hanged for many foul and unspeakable Offences Doctor Bramhill hath been preferred to a great Bishoprick but he is a man that now stands charged with High Treason he hath been but few years in Ireland and yet hath laid out at least 30000 l. in Purchases I shall name but one Chaplain more and that is one Arthur Gwyn who about 1634. was an Under-Groom to the Earl of Corke in his Stable In the year after Dr. Bramhill preferred him to be a Clergy-man and a Parsonage and two Vicaridges Impropriate were taken from my Lord of Corke and given to this Arthur Gwyn I shall add no more Patterns of his Clergy 11. I go to the 11th and that is concerning the Army He hath many glorious Expressions of his Service concerning the Army That they are 1000 Horse and 2000 Foot And that there hath been very few Papists Soldiers or Officers and none preferred by himself Truly I think he says true or within one of true in this for there was but one preferred by himself and therefore I shall not stand upon that But he says this Army was paid out of the Revenue of the Crown which heretofore it was not wont to be To that I have spoken before and shewed that many years before his time all the Charges of Ireland were born within Ireland He says and I speak that as to the Army too That neither the Arms nor Wages have been burdensome to the people of Ireland but their Lodgings and Billettings have not been easie and not without discontent Why My Lords in Dublin it self where they have a Charter that exempts them from Billetting of Soldiers they have been faign to pay for Billetting of Soldiers Nay those Soldiers that were Servants and Dwellers in his own houses and other places must have their Billetting moneys And of this there hath been Petitions and Complaints nay it hath been spoken of in Parliament there and yet he can tell you that the marching and laying of Soldiers is without burthen and grievance to the People that was the Eleventh 12. I go to the 12th and that is the great increase of Trade The increase of Shipping 100 to one Truly My Lords in a time of Peace and in a growing Kingdom as that was being formerly unhusbanded It is no wonder that when Land increases in the Manurance and People increase in Number both Shipping and Trade increases But it is the advantage of the time not the advantage of his Government for My Lords his Government hath been destructive to Trade And that will manifestly appear by the multitude of Monopolies that he hath exercised in his own person And that is all I shall speak to the 12th 13. The 13th is That Justice hath been administred without bribery without partiality without Corruption these are Glorious things But there will as much fall upon him of Corruption and Injustice as of any other Offence And that My Lords will appear to you through the whole course of our Evidence I shall not now speak of the particulars And that we may not content our selves with
particular witnesses only I shall humbly desire That the Remonstrance of the Parliament of Ireland both of the Lords and of the Commons may be read And they will give a sufficient Testimony of the quality of his Justice 14. The 14th My Lords is this That he hath been a Means to His Majesty for a Parliament in England It is true he was And it is as true that we count that as mischievous a part of his design as any thing else Into what a miserable Dilemma My Lords did he bring the Kingdom that we must surrender the Liberties of the Kingdom in Parliament or see them oppressed with Force and Violence out of Parliament The particulars of this I shall leave for the instant for there is an Article that concerns this I have now passed through all the material parts of the Apologetical Preamble He concludes with a desire That he may not be charged with Errors of his understanding or Judgment being not bred up in the Law or with weakness to which humane Nature is subject Truly it would be far from us to charge him with any such mistakes No My Lords we shall charge him with nothing but what the Law in every mans breast condemns the Light of nature the Light of common reason the Rules of common Society And that will appear in all the Articles which my Colleagues will offer to you My Lords I have some few Witnesses which I shall desire may be heard to the points I have opened and I shall in the first place desire that Sir Pierce Crosby may be heard concerning the breach of Priviledge in Parliament Also Sir Iohn Clotworthy Nich. Barnewell Nich. Plunket and Sir Iames Montgomery I have some Witnesses to the point of Revenue Sir Robert Pye Sir Edward Warder and Sir Adam Loftus Gentlemen You who are of the Committee I am commanded to let you know That the Lords will allow you all the Testimonies you can produce to make good the Impeachment but the Witnesses which you do produce must be deposed before their Lordships Mr. Pym replied My Lords the Commons agree to it and in the first place we shall call Sir Pierce Crosby who was sworn accordingly My Lords I humbly crave leave whether I may not make my exception to any Witness Yes you may We desire to be heard upon that point of Exception That if my Lord of Strafford will make any Exception why a Witness should not be heard at all it may be according to the Rules of Justice The Lord High Steward declaring the Prisoner might except against the person of the Witness if he have just Cause my Lord of Strafford proceeded in substance as followeth My Lords I humbly conceive that I have against this Gentleman Sir Pierce Crosby just occasion of Exception as not being a competent Witness for that the said Sir Pierce hath been sentenced in the Star-Chamber for a very undue practise against me tending to no less than the taking away of my Life charging me and practising to prove it by Testimony of witness that I had killed a man in Ireland whom I protest I did never so much as touch That ever since the said Sir Pierce having broke Prison and made an Escape out of the Fleet he hath remained abroad and never came hither till such time as the Parliament sate here and now is returned to make Complaint in this business against me or indeed against the Court of Star-Chamber rather And standing thus whether the said Sir Pierce shall be allowed a Witness against me I humbly refer it to Your Lordships Judgments My Lords We expected my Lord of Strafford would have shown on what reason Sir Pierce was censured for a man Criminous in one kind may be nevertheless fit to give Testimony in another kind If it be a particular practice against my Lord of Strafford when their Lordships have heard what that practice was and have heard likewise the Witness they will believe him according to the weight of the Testimony compared with the fault or whatsoever else is in the Sentence But in the mean time they conceive it is no Exception but that the Witness should be heard This that is charged on my Lord of Strafford being a Crime of High Treason it concerns the Common-wealth the King being party and not the Witness that is produced And whereas it is informed that Sir Pierce Crosby brake Prison The Gentleman tells us it is not so he paid the Kings Fine and so was discharged But though he had it will not take away his Testimony when he is present which he said he spake only to give satisfaction to that aspersion I must desire their Lordships directions whether Sir Pierce Crosby be allowed notwithstanding my Lord of Straffords exceptions against him and Mr. Maynards allegations why his Testimony should be given in this case or no And divers of their Lordships called to have the House Adjourned to the House above that they might there debate and determine it Mr. Pym did thereupon offer that they will at present lay him aside till their Lordships have had opportunity to consider and bring him again to morrow whereunto Mr. Maynard added this further We desire rightly to express our selves to Your Lordships We will lay him aside till Your Lordships have heard others not that they wave him wholly And we pray it may be so entred The Lord Steward declaring it so to be It is so understood In the next place we desire that Sir Iohn Clotworthy may be called whom we produce to this point That during the Parliament in Ireland for speaking against a Bill in the Commons House he was threatned by Sir George Ratcliffe whom we take to be bound up in one Cause with my Lord of Strafford and to be moved by my Lord of Straffords spirit and that Parliaments are not Priviledges when Parliament Liberties are not observed Sir Iohn Clotworthy was sworn My Lords We desire he may be asked whether for having delivered his Opinion against a Bill preferred to the Parliament in Ireland by the Earl of Strafford about the 10th year of this King he was not asked by Sir George Ratcliffe concerning a Lease that he had the question intimating a Threat that he should suffer for speaking so freely To which he answered My Lords In the 10th year of the King I serving in Ireland in Parliament did Vote against a Bill as soon as I had Voted against it Sir George Ratcliffe being one of the Tellers on his counting the numbers how many Yea's and how many No's He came to me and said thus Have not you a Lease in such a place I told him yea remember that saith he This is all I can remember And this he added was in the Commons House 2. He being interrogated whether he knew any thing of Sir Pierce Crosbies Commitment or no He answered I know it only
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
words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Councel of War and judges his Lordship to death My Lords It is no wonder that he would make the Kings little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the Kings Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishops Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the Kings Customs and a Rent of 1350 l. is increased to the Crown But it will appear to Your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Straffords Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Dukes Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London Derry and Colerane in the Dukes Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized accordingly yea their Houses broke open and their Goods taken away and brought to my Lord of Straffords house where they were employed in his works The like we shall instance in Tobacco 15. Next we shall shew to Your Lordships how he hath levied War upon the Kings Subjects We opened in the beginning what an Arbitrary Jurisdiction he set up here we shall shew how he used it by a meer course of Enmity and Hostility For My Lords this was the course If a Decree or Order were made by him and not obeyed he issues a Warrant to the Sergeant at Arms to go to the next Garrison and take Soldiers with an Officer and carry them to the House of the party in question it is no matter where it was but to the House of them that were pretended to be disobedient they were to go If the Decree had been to raise so much money or to put parties in possession In plain terms the Soldiers were to lye like Free-booters and Enemies on the King's People to eat them up They have killed their Sheep their Oxen and they have lain not on the parties only but on their Tenants till the party comes in and renders himself They have burnt their Houses taken their Wives and Friends and carried them away till Obedience was rendered and this is a levying of War upon the King For the King and the People are both so united in Affection and Right of Law that there cannot be Violence offered to the King but it redounds to the People nor can any Oppress the People in this sort but it redounds to His Majesty Besides it is contrary to a Law of that Kingdom whereby it is Enacted That if any person shall assess Horse or Foot on any of the Kings People without their consent it is High Treason The next thing we shall go to is the Favour he shewed to the Papists in their Compositions and Exemptions from all penalties of Law for they were expresly not to be proceeded against nor to be Convicted and so that which hath influence into Religion and Reformation is quite taken away and nothing but matter of Profit is left The next Article is that that concerns the Kingdom of Scotland First he begins with them in Ireland contrives an Oath which is set forth in the Articles That they shall obey the Kings Royal Commands without exception This he enforceth by Fining and Imprisoning them that disobeyed him And so in all the other particulars when his Proclamations were broken his course was by Fine and Imprisonment to enforce an Obedience My Lords He doth not only press them in their Estates but strives to infuse into His Majesty an ill Opinion of them he provokes and incites Him by all his Arguments to lay down his Mercy and Goodness and Justice and to fall into an offensive War against that Kingdom He gives out that
of a Gentlemans Sir Thomas Gore being Fined in the Court of Star-Chamber there and his being Arrested by a Warrant from my Lord Wentworth here in London We do not go about to prove that he solicited for this Commission but that he expressed his desire of it and upon that it was granted We shall prove that it was executed in this high manner that when Prohibitions have been taken out he hath punished the parties some he hath threatned Nay Money hath been given to those that were Defendants in the Prohibition And we shall offer this too The Judge is dead before whom it was but upon occasion of a Prohibition he went to a Judge a Reverend and Just man Mr. Justice Hutton what was said privately between them we cannot tell but we shall prove that Mr. Justice Hutton complained with Tears in his Eyes how that Lord used him about a Prohibition And so we shall leave this Article with this We shall not go about to prove Decrees for which he might have Colour but for these Clauses he could have no Colour they never being in any Commission before THE First Article The Charge THat the said Earl of Strafford the 21st day of March in the Eighth year of His Majesties Raign was President of the Kings Council in the Northern parts of England That the said Earl being President of the said Council on the 21st of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanours Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falâ—ties therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to Examine Hear and Determine according to the course of Procéedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Frée-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Procéedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in Practice such Instructions nor had they any such Instructions yet the said Earl in the Month of May in the said Eighth year and divers years following did put in Practice Exercise and Use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in these parts and did Dis-inherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransom Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in Subversion of the same And the said Commission and Instructions were procured and issued by Advice of the said Earl And he the said Earl to the intent that such illegal and unjust Power might be exercised with the greater Licence and Will did Advise Counsel and Procure further directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall excéed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the Solicitation and Advice of the said Earl of Strafford Proofs touching the Commission for Government in the North enlarged To the point of Star-Chamber Power THe Commission granted 21 Mar. 8 Car. was read 19 Article whereby my Lord as President or in his absence the Vice-President assisted prout in the Commission are authorized to hear end and determine according to the Course of proceedings in the Star-Chamber all and all manner of Forgeries Extortions c. And to Fine c. So as the Fines imposed be not less than by the Acts of Parliament is provided c. Whence observe That he would have power in Fining to go beyond but not less than the Fines in the Act of Parliament To the point of Chancery Iurisdiction Article 23. was read whereby Power is given by Injunction to stay Proceedings in any Court of Common Law Article 28. was read whereby Power is given to send the Sergeant at Armes and Attach in any part of the Realm of England and to bring before the Lord President c. any person departing the Jurisdiction of that Court after Commission of Rebellion sued forth Article 29. whereby is granted That no Prohibition be granted in the Court of Westminster to stay Proceedings in that Court But in cases where the Court of the President shall exceed the Kings Instructions and if any Habeas Corpus shall be sued forth for not performing the Order of that Court the party Committed not to be discharged so long as such Orders shall stand in force and if any Fine be thereupon estreated The Treasurer and Barons of the Exchequer to discharge it Whence observe That the not granting of Prohibitions or Habeas Corpus's and the discharging of the Fines estreated are new To the sending of Proces actually before these Clauses granted and to the Earl of Straffords procuring the Clause to be supplyed when he found the Defect Iohn Gore Sworn and being interrogated how his Father was Arrested and how long before this Commission Answered That Sir Thomas Gore his Father was Arrested in London by a Sergeant at Armes That his Father conceiving it to be out of the Instructions at Yorke did Appeal to the Council-Table That Mr. Mason argued for his Father and made it appear That the President and Council had no Instructions to take a
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
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
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
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
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
the Subject and yet they go on hand in hand and long may they do so long may they go in that Agreement and Harmony which they should have done hitherto and I trust shall be to the last not rising one above another in any kind but kept in their own wonted Channels For if they rise above these heights the one or the other they tear the Banks and overflow the fair Meads equally on one side and other And therefore I do and did allow and ever shall for my part desire they may be kept at that Agreement and perfect Harmony one with another that they may each watch for and not any way watch over the other And therefore this being a Care of the Prerogative as long as it goes not against the Common Law of the Land it is the Law of the Land and binds as long as it transgresses not the Fundamental Law of the Land being made provisionally for preventing of a Temporary Mischief before an Act of Parliament can give a Remedy And this Condition must be implyed That it must be binding provided it be according to the Law of the Land I instance in that Exception that King Iames would take when a man saies he will do a thing as far as he may with Conscience and Honour because in Persons of Conscience and Honour those words are always implied That the Wisdom of our Ancestors hath prevented this Mischief That for a mis-word a Peer of England should lose his Priviledge being as great as any Subjects that live under a King that is not a free Prince of the Empire And the Preamble of a Statute in Queen Elizabeths time the very bent whereof is to take away the dawning of words without any further Act which Preamble was read to their Lordships And so I conclude the words were unwisely spoken because they may be brought to a hard sense but not Criminal for none of them swear any thing done in breach of the Law I except against my Lord Kilmallock's swearing Sir George Ratcliffe to be my Eccho as if he knew my thoughts and against Mr. Hoy as a party concerned in Interest though not in name in a Suit that is or will be brought against me before your Lordships come to the end of the Charge I confess Mr. Waldron's Testimony makes me stagger being the only person could make me believe I said the words I except against Sir Pierce Crosbies Testimony having been formerly Sentenced in Star-Chamber and I know what Sir Pierce Crosby swore there and that I never Communed with him so far as to have such a Discourse as is mentioned in all my life To the Suit in the Castle-Chamber against the Earl of Corke on pretence of breaking an Order of Council-Table I conceive it had relation to an Order made in King Iames his time 20. March 11 Iac. which I desire may be read being now produced as also the Information there exhibited that so I may justifie my Answer in that point of it That the Suit was not upon that Act alone but for other matters also but that was admitted by the Committee And so the reading of them was waved To that Point of Mr. Waldron's Testimony touching the offering of a Lease to the Person concerned rendring the half value I conceive this Circumstance qualifies the words it being according to Law To demonstrate which the Statue was read That no Lease shall be granted upon which less is reserved to the Lessor during 21 years then the moiety of the Lands value And so his Lordship concluded his Defence and the Manager made Reply in substance as followeth That this Article proves my Lord of Strafford's Intention to subvert the Laws That the long time spent in maintaining the Jurisdiction of the Council-Board is the least part of the Article That though these words singly be admitted not to be Treason yet several words and actions must prove the general Charge of his endeavouring to subvert the Laws To the several Provisoes in that Act of Parliament mentioned by my Lord of Strafford concerning words we observe That the words Charged are only matter of Evidence to his general Intention of subverting the Laws And whereas he says they are not charged in time the Commons bring this as done long ago and continuing to this day if he were not prevented so they take him Flagrante Crimine To the Practise of the Council-Table before his time his Witnesses have proved their proceedings in Cases of the Church and Plantations But in other Cases we deny it for it is contrary to Law That admitting the extent given by the Instructions to Church-Causes though the Proclamation hath no such exception Yet it comes not to the Case of my Lord of Cork who claimed the thing in question as a Lay-Impropriation derived to the Crown by the Statute of Dissolution That my Lord of Strafford makes this Government Arbitrary in threatening the Earl of Cork to lay him by the heels if he went to Law whereas the Order gave him liberty That the Original Order in my Lord of Corke's Cause was drawn with these words put out concerning Gwyn's giving Security and that justifies my Lord of Cork's Testimony That notwithstanding my Lord of Strafford's justification of his words That neither Law nor Lawyers should question his Orders This is to assume an Arbitrary Power for if his Orders be legal the Law must justifie them if not question them That the words Of making an Act of State equal to an Act of Parliament are proved by my Lord of Corke and those spoken are a confirmation of those before and expresly within the Article The latter point thereof recites that he spake the words at other times This altogether justifie my Lord of Corke's Testimony though a single Witness and prove that my Lord of Strafford hath made it a habit to speak such words That they have one Witness more and that is my Lord of Strafford himself who says He never spake any thing but truth and said That he would make an Act of State equal to an Act of Parliament We desire that for the taking off the Aspersion cast on Sir Pierce Crosby my Lord of Castlehaven may be examined touching the words alledged to be spoken in his presence The Earl of Castlehaven being sworn and examined touching the said words Answered That it is a business past long ago and but a Table-discourse and he took not much notice of the Circumstances But as he remembers there fell a difference between my Lord of Strafford and Sir Pierce Crosby within three or four months after my Lords coming over and that as well as he can remember my Lord of Strafford did say That an Act of State was equal to an Act of Parliament but he remembers not the occasion That the Justice of the Order in my Lord of Corke's Cause is not material or whether within the Jurisdiction of the Council-Table the Charge being That upon such
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
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
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
Letters Patents under the Great Seal to exercise a Power against Law was complained of in Parliament and had Judgment for it among other things of High Treason They proceeded to Proof And first The Earl of Corke being asked whether before my Lord of Straffords time he hath known the Deputy or Justices alone determine any matter of Land in Equity or otherwise He Answered He remembers not any except in cases of the Church and Plantation The Lord Ranulagh being asked to that point Answered Never any to his knowledge having been of the Table two and twenty years Sir Adam Loftus being asked to the same point Answered He remembers not any having been a Privy-Counsellor 20 years The Lord Mountnorris being asked to that point Answered He never knew any having been a Privy-Counsellor since 14 Iac. and lived in Ireland 38 years That he was there all the time of my Lord Chichester or very near and was so acquainted with his proceedings that he dare engage himself for all he is worth that the Lord Chichester never put any such Order under his hand The Earl of Bath Sworn and asked to that point Answered That he hath often heard the Deputy in cases of Debt for relief of poor men hath proceeded alone but in cases of Land he never heard of any To take off Henry Dillon's Testimony the Manager alledged That he had been Sentenced at the Council-Board for speaking untruths My Lord of Strafford desired the Exception might not be made some Exceptions by him made to Witnesses against him being not admitted and that there might be unum pondus una mensura The Manager Answered In eodem genere Mali. This Exception is not for Extortion or collateral matters but for Perjury Thereupon his Acknowledgment was read wherein he confesses he had highly transgressed against the Honour of His Majesty and the Board in presuming to declare apparent untruths And that such an Acknowledgment was made was testified by Sir Adam Loftus and likewise by the Lord Dillon who shewed their Lordships the occasion thereof To the matter of my Lord Mountnorris his Imprisonment it was offered under my Lord of Straffords own hand to shew that it was partly upon the Sentence December 24. 1636. My Lord of Strafford not denying it to be his hand it was read being a Reference upon my Lord Mountnorris his Petition and in substance as followeth That for the Petitioners restraint more than twelve months he hath no body to blame but himself that hath all that space lain under a deserved censure of the Council of War and stood in Contempts and trifled with the Court of Castle-Chamber That His Majesties removal of the Sentence hath been often signified but never sued forth That the Petitioner did to the same effect Petition the Lord Deputy in May last and therefore all the Answer that for the present can be given is that his most gracious Pardon seeks no man nor can His Majesty remit all of that Sentence to be applied to the Petitioners benefit till by his humble suit he procured His Majesties Pardon under the Great Seal c. which taking the usual way and humbly acknowledging the justness of that Sentence he may have c. A Petition was then read directed to the Earl of Strafford from my Lord Mountnorris Praying a Warrant for a Pardon under the Great Seal according to the Law and the purport of His Majesties directions if his Lordship shall conceive His Majesties Letters on which the Lord Mountnorris relied as sufficient did not amount to a Legal Pardon Then was read my Lord of Straffords Answer Dublin Ianuary 30. 1636. When the Petitioner shall prefer his Petition for the said Pardon acknowledging the justness of the Sentence pronounced against him by the Council of War we shall take his Request into our further consideration Wentworth Whence one of the Managers observed That the King directs a Pardon to be drawn and till the Sentence be acknowledged to be just no consideration shall be taken and that the Preamble of the Pardon recites as much and he would not suffer it to be Sealed till this Acknowledgment passed Then was produced the Lady Mountnorris her Petition to His Majesty referred to the Lord Strafford Mr. Anslowe Sworn attested the truth of the Copy and it was read Setting forth her Sorrow on behalf of her Husband suffering in Honour Health and Imprisonment for a word mis-interpreted and still pursued in the Castle-Chamber and humbly praying a Command for his coming into England c. His Majesties Reference to my Lord of Strafford Iuly 18. 1636. His Majesty is pleased That on such a Submission as the Lord Deputy shall approve of he shall have his Liberty to come into England wherein the Lord Deputy is to take notice and to give Order therein accordingly Mr. Anslowe being asked whether this was brought to the Deputy by the Lady Mountnorris and whether he did not reject it He Answered That he was by when my Lady Mountnorris presented the Petition she was humbly on her Knees to desire my Lord of Strafford to receive it And he refused absolutely to receive it from her They then produced the Order in a Cross Suit in t Robert Parkhurst Plaintiff and the Lord Baltinglasse al. Defendants Et e contra The Order was read whereby certain Lands for 3000 l. paid at several times to the Viscount and 300 l. more to be paid afterwards were setled with Sir Robert Parkhurst William Brettergh Sworn was Interrogated touching my Lord Baltinglasse his Possession of the said Lands and his dispossessing thereof He Answered That he was Sollicitor for prosecuting of this Cause and made Defence of it in behalf of my Lord of Baltinglasse being then in England But at the time of the Decree his Lordship was come over That his Lordship never made Answer to it but when the Cause came to hearing my Lord of Strafford ordered the Possession of the Land against my Lord Baltinglasse and the Possession before was in one Grimble who was Tenant And that he could speak many other things concerning the carriage of it Mr. Glyn desired the Witness might be examined touching my Lord of Straffords purchase of those Lands and offered the Articles whereby my Lord of Strafford leased the Land for 28 years and at 666 l. per annum My Lord of Strafford confest thereupon that he had it but it was in Trust for a Noble Person The Manager observed That whether it was for a Friend or himself it is equal for a man will do a courtesie for his Friend as soon as for himself And so he concluded his Reply hoping that their Lordships were satisfied that he hath introduced an Innovation and being so that he hath exercised a Tyrannical Power over the Estates of His Majesties Subjects To such parts thereof as was new matter my Lord of Strafford replied in substance as followeth
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
Lord of Carlisle amounted to 3400 l. a year sometimes an odd 500 l. sometimes 200 l. but Communibus annis it was above 3000 l. And this being by Surrender drawn into my Lord of Straffords purse but out of the Kings purse and that not only by way of gift for this surplusage above the 1400 l. per annum on the Wines was to be made good out of the 11050 l. So that out of the 11050 l. there is drawn from His Majesty 4500 l. instead of an advance of 1350 l. And it rests not here for besides these the Customs of London Derry and Colerane worth 1500 l. a year and the Customs of Knockfergus and Strangford reserved in the Dukes Lease are stollen out by way of Defalcation in the Earl of Straffords Lease Besides whereas the Duke of Buckingham had a moiety of the Kings moiety of all Seizures in case of mens concealing Custom or Landing Goods at unseasonable times the Statute allowing to His Majesty in some such cases a Moiety in some cases the whole my Lord of Strafford by his Lease must have all that belonged to the King And whereas the Duke of Buckingham had for Merchants Goods that came in by way of prize an allowance of Custom By the Lease of my Lord of Strafford whether they be the Kings Goods or his Subjects Custom must be paid by His Majesty to his own Subjects Mr. Glyn observed also a strange Clause in the new Grant which is to the matter of opposition and Subversion of the Laws That this Grant shall hold whether it be repealed by Parliament or not And further the Rates are inhanced when they come to my Lord of Straffords Grant in 12 particulars so that the Customs which at that time were presented as worth 12000 l. a year fall out on proof to yield seldom less than 40. sometimes near 60000 l. a year all which Gain hath gone out of the Kings Purse and is in my Lord of Straffords and his Partners The Lease made to the Duke of Buckingham was first read as to the Grant the Render and the Defalcations Dat. 23 May 16 Car. The Lease to the Dutchess of Buckingham was next read dated 24 Mar. 7 Car. from the several parts whereof Mr. Maynard observed the inhancing of the Rates The Grant of the Wines the Payment of the Customs for the Kings Prize-goods the Clause touching the Repeal by Parliament the Defalcations the allowing the part of the Kings Moiety of the Seizures so formerly opened to be fully manifested In this Lease there is 20000 l. consideration by way of Fine and 11050 Rent received The Grant of the Surplusage of the profit of Wines to the Earl of Carlisle above the said 1400 l. per annum Rent for the remainder of fifteen years was read Wherein is recited the original Grant under the said yearly Rent of 1400 l. and the Surrender thereof to the Crown 21 Martii 7 Car. They proceed to prove the Values And first Witnesses were produced to prove that by the Duke of Buckinghams Lease 3700 l. per annum was answered to the Crown for the Moiety of the Surplusage of Profits over and above the 6000 l. yearly Rent thereupon observed The Lord Ranulagh being asked to that point Answered That he was a Partner in the Farm in the time of my Lord of Faulklands Government in Ireland and on the Lease there was reserved to the King over and above the 6000 l. a surplusage of the profits which came to 3700 l. To prove the value of the Wine-Customs above the 1400 l. Rent reserved on the Earl of Carlisles Lease which was to be answered to the Earl of Carlisle out of the 11050 l. Sir Iames Hey sworn and interrogated to that point Answered That in 1635. the late Earl of Carlisle sent him into Ireland to settle his affairs there where he stayed almost 12 months and then he received a years account of the Wines which he hath to produce under the hand of the Auditor of that Kingdom which is the money received for the profit of the Wines The Accompt was read viz. A Collection of what the Impost of Wines amounted to according to the old Rates for the year ended March 1635. in the several parts following wherein all Wines discharged out of forraign bottoms are rated as strangers viz. The Total 3787 l. 15 s. 9 d. Sterl Out of which the sum of 1400 l. the Rent formerly reserved to His Majesty out of the said Impost defalked there will remain 2387 l. 15 s. 9 d. Sir Iames Hey further said That 1636. my Lord of Carlisle dyed and he will not depose for that years Accompt but he conceives it is an Accompt sent over from the same party And that he had a Letter from an Officer of the Custom-house at Dublin wherein he mentioned the Impost to amount to 5000 l. and upwards either 1638. or 1639. but he is not certain which To prove the Value of the Defalcations of London Derry and Colerane Robert Goodwyn sworn being asked what the Customs of London Derry and Colerane amounted to Communibus Annis He Answered That the Customs received in the Town of Colerane In-gate and out-gate from 25 Mar. 1634. till 25 Mar. 1639. being for the space of five whole years as appears by the several Accompts thereof is 1079 l. 6 s. 1 d. ½ That the Total of the Customs of London Derry where he collected himself in-gate and out-gate from the last of Febr. 1634. till Michaelmas 1639. as appears by the several Accompts thereof made by His Majesties Commissioners for the City and County of London Derry is 5348 l. 11 s. 10 d. That he shall acquaint their Lordships with the full Truth These were not Collected according to the Book of Rates but at an under value That all the Book of Rates 1634. and so forward to the last Book do value Beef at 16 l. a Tun. But because Beef is sold in Derry and Colerane for 6 or 7 l. a Tun at utmost therefore he was directed by the City of London to take 6 s. after the rate of 6 l. Then for Hydes these Books of Rates value a Hyde at 12 s. and where he should have taken 6 d. he received by direction of the City but 2 d. at the Infancy of the Plantation and for the good of the place which the City tendred Henry Brawd sworn and examined to the same matter Answered According to the Deposition of Robert Goodwyn for the value of the Customs of Colerane and London Derry To prove the value of the Farms in Ireland Iohn Welsh sworn and examined to that point Answered That he can speak nothing of knowledge but only by hear-say To prove the value of the Customs as increased on the New Book of Rates Robert Cogan sworn and Examined to that Point Answered That he never cast them up in particular but he did estimate them before they took the Farm to be
Charge in a proper way I shall give such satisfaction as to clear my self of the least Fraud or Deceipt to my Master and in the mean time I know your Lordships are so just as not to prejudice me in this matter I will now shew how I came into the business of Farming the Customs not voluntarily or upon my Suit nor did I ever intend it but was commanded and enforced to it and came in meerly for the doing of the King a Service and if it prove a Bargain of advantage I never knew the making of a good Bargain turned on a man as Treason It was justly fairly and honestly procured and prove it never so beneficial that can never make it a Crime His Majesty hath been from time to time acquainted with the increase of this business most exactly and truly it rising indeed beyond all imagination the Customs when we entred on them being but 12000 l. per annum and now your Lordships see what is proved and may judge with what truth they inform in the Remonstrance out of Ireland that Trade is decayed On their own shewing by the Testimony of my Lord Renula and others it appears that when they were Farmers there was 6000 l. paid to the King and a Devident of the other moity which came to 3700 l. So the whole value of the Customs was then 13400 l. His Lordship desired that my Lord Cottington might be asked a few Questions Lord Cottington being asked Whether in the Seventh year of the King there was not a Bargain concluded by the late Lord Treasurer the Earl of Portland with Captain Williams Captain Henshawe and others for the Customs of Ireland paying 15500 l. Rent and 8000 l. Fine His Lordship Answered That he conceives my Lord of Portland rested satisfied that he had made that Bargain for the Rent and Fine and that he so understood it as to acquaint His Majesty with it and understood it to be a very good Bargain Being asked Whether did not Williams afterwards relinquish the Bargain His Lordship Answered That he well remembers he did refuse it and he thinks he refused it because Henshawe was the chief man in it and he died and thereupon Williams flew off And that my Lord of Portland was very much troubled because Williams and the rest fell off as he remembers Being asked Whether after they had given it over any body would give so much as they offered He Answered He thinks there was no body that came near it at least he never heard so Being asked Whether after it was so left it was not undertaken by Sir Arthur Ingram and his Partners on the very tearms that Williams refused it paying only 100 l. a year more Rent He Answerd It is very true Sir Arthur Ingram and divers Partners by his procurement paid 100 l. more Rent and as he takes it the same Fine but for a quicker time for the first men were to have time and Sir Arthur Ingram was to pay it all in ready money My Lord of Strafford here added That Henshawe and the rest having given over the Bargain himself went to my Lord at Rohampton and found that these other Partners that had it afterwards would undertake the Farm if he the Earl of Strafford would be a Partner with them which was a thing he never intended but refused Therefore on his Lordships Motion Lord Cottington was further asked Whether being moved by my Lord of Portland to come into the Farm he the Earl of Strafford did absolutely tell my Lord of Portland that he would not meddle therewith not knowing how it would be interpreted that he being the King's Deputy should be a Farmer His Lordship Answered That he well remembers my Lord of Portland did conceive that to draw in these later Farmers it was very necessary and all the Succor they had to have my Lord of Strafford a Partner in it because they conceived they should thrive in the Bargain if he having so great a Power were a Partner so it lay on my Lord of Portland to perswade him to yield to it and my Lord of Portland told him That if my Lord of Strafford would do the King that Service he should not lose by it And though my Lord of Strafford was unwilling to come in for a part yet at last he did and his coming in drew in the rest as he the Lord Cottington thinks And further that my Lord Portland told the King of it and prepared the King to command him for the making of the Bargain depending on his taking of a part My Lord of Strafford here observed That he humbly conceived the Goodness and Grace of the King and the love of my Lord of Portland was such at that time that they would not have brought him into a business that should be laid to his Charge as Treason Lord Cottington being on Mr. Maynard's motion asked about the time whether it was 7 Car. His Lordship Answered That he must refer himself to the Grant for the Lease my Lord of Strafford shewed did follow immediately after Sir Arthur Ingram being on my Lord of Strafford's Motion Examined to divers of the Points before proposed to the Lord Cottington He Answered He conceives there was a Bargain made by my Lord Treasurer and my Lord Cottington with Williams and Henshawe for 15500 l. a year and as he conceives 8000 l. Fine and this was under their hands in Writing as he heard That he knew nothing that my Lord of Strafford was to be a Partner or to have any Interest in it That he conceives Williams did clearly refuse it after Henshawes death what other Reasons he had he knows not That he cannot tell nor doth remember that my Lord of Strafford used means to perswade Williams to stand to that Bargain but certainly Williams was perswaded much by my Lord of Portland Being asked Whether it was so left by Williams did not he and his Partners undertake the Farm He Answered That he was several times offered to come into that Farm and from time to time refused it That Williams pressed him exceeding much and others before him and he was moved to it by one Cogan but refused it That the truth is his Son Arthur Ingram was Partner in it and there came in my Lord Mountnorris Sir George Ratcliffe and one Cogan that they laboured much he should take the Farm and he had much ado to be brought in Being asked Whether these came in upon the same Tearms offered to Williams He Answered It will appear on the Warrant to the then Attorney Sir Robert Heath that they paid 15500 l. Rent and 8000 l. Fine and whereas the Officer should have paid it at six and six months these were to pay ready money Being asked Whether he had moved my Lord of Strafford to be a Partner in it He Answered That he doth not remember he ever said so but it might much encourage him to come in if
Bargain is to be set at the highest he that is to be their Governor and Judge to whom all Appeals must be made shall enter and put in his Authority to make a Bargain that none else would take The Subject is like to have good Justice when the Judge must lose by the Judgment he gives in the Cause when the Deputy of Ireland must be both Judge and Party It is said Williams first entertained it and left it but though my Lord be not the first that Projected it he is the man that first put it in Execution the first that took it under the Great Seal and first brought it to be a Grievance to the Subject and that he is Charged withall It might be fit for Goldsmiths and such to prosecute it but not for them that are imployed in Administration of Justice and in great designs to follow such a Design But when Profit comes roundly in Sir Arthur Ingram must be put out and for 11 years have half a years value Mr. Maynard added That my Lord of Strafford in his Answer gives it as a Justification of himself that he did not hold it fit to take such a Bargain from the King wherein there was not 1000 l. to be got But though he thought it not fit to take when he could get but 1000 l. yet he held it fit to take such a Bargain from the King where in holding it eight years he gets 30000 l. He thrusts out Sir Arthur and why not himself And there is no wonder that he that gained so much would seem to Interest His Majesty in part that his share might remain more intire surely it was the more injustice in him to retain the Bargain when he had stept into it For the Letter of Iuly 1637. there was a Proposition shewing His Majesties Care for His Subjects in Ireland what to inhance no to inhance if there were Cause My Lord pretends he was loath to make an Inhancement but that was the Opinion of the Board It is to be wondred that he took them not down rather And so he concluded That they had proved the Charge that he hath procured the Customs to be advanced they were not advanced till he entred And their Lordships were desired not to let one thing pass without Observation That from 7 Car. to this time such gain hath been made that there is come to his purse and his Parteners 300000 l. if the Depositions be to be credited and it must be four more if the succeeding years hold proportion That here is not only an Inhancement of Rates on the Subject by way of Extortion but this is soaked out of the Kings Purse That is the 1400 l. a year Rent for the Wines the Surplusage of the Wines the Defaulcation of Colerane London-Derry Knock fergus and Strangford And besides their Lordships may observe the Clause in the Patent the Grant must be good though there be an Act of Parliament against it and the King must pay for His own prize Goods which is left unto their Lordships Judgments The Committe did now declare That for the present they would lay aside the Eleventh Article and proceed to the Twelfth THE Twelfth Article The Charge 12. THat the said Earl being Lord Deputy of Ireland on the Ninth day of January in the Thirteenth year of His now Majesties Reign did then under colour to Regulace the Importation of Tobacco into the said Realm of Ireland Issue a Proclamation in His Majesties Name Prohibiting the Importation of Tobacco without Licence of him and the Council there from and after the First day of May Anno Dom. 1638. after which Restraint the said Earl notwithstanding the said Restraint caused divers great quantities of Tobacco to be Imported to his own use and fraughted diverse Ships with Tobacco which he Imported to his own use and that if any Ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own Price and if that the owners refused to let him have the same at under-values then they were not permitted to Uent the same there By which undue means the said Earl having gotten the whole Crade of Tobacco into his own hands he sold it at great and excessive prizes such as he list to impose for his own Profit And the more to assure the said Monopoly of Tobacco he the said Earl on the Three and twentieth day of February in the Thirteenth year aforesaid did Issue another Proclamation Commanding That none should put to Sale any Tobacco by Whole-sale from and after the last day of May then next following but what should be made up into Rolls and the same Sealed with two Seales by himself appointed one at each end of the Roll. And such as was not Sealed to be seized appointing Sir pence the Pound for a Reward to such persons as should seize the same and the Persons in whose custody the Unsealed Tobacco should be found to be committed to Goale which last Proclamation was Coloured by a Pretence for the restraining of the Sale of unwholsome Tobacco but it was truely to advance the said Monopoly Which Proclamation the said Earl did rigorously put in Execution by Seizing the Goods Fining Imprisoning Whipping and putting the Offenders against the same Proclamation on the Pillory as Namely Barnaby Hubbard Edward Cavena John Tumen and diverse others and made the Officers of State and Iustices of Peace and other Officers to serve him in the Compassing and executing these unjust and undue Courses by which Cruelties and Unjust Monopolies the said Earl raised 100000 l. per Annum Gain to himself And yet the said Earl though he Enhaunced the Customes where it concerned the Merchants in general yet drew down the Impost formerly taken on Tobacco from Sir pence the Pound to Three pence the Pound it being for his own Profit so to do And the said Earl by the same and other Rigorous and Undue Means raised several other Monopolies and Unlawful Exauions for his own Gain viz. on Search Iron-pots Glasses Tobacco-pipes and several other Commodities Mr. Maynard did begin to open the 12th Article which was Read THat he did Impost Tobacco himself and restrained others forced the Subjects to sell their Commodity at Low and Under-values because they could not Import it without his Licence and when himself had Bought it at Low Rates he Sould it at Excessive great Rates so that he hath made near 100000 l. Profit by his Monopoly That when his Proclamation is made and Oppression put upon the People he doth the 23 d of Feb. 13 Car. Ordain That none should Sell Tobacco within the Kingdom but such as was Sealed by his Appointment and they that Sold otherwise their Goods should be Sold. That by occasion hereof the Kings Subjects have been grievously punish'd by Fining Imprisoning Pilloring Whipping and the like To prove the Restraint the Proclamation on the 9 th of Ianuary the 13 th
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
way-layed the People and took away their Yarne and Cloth and seized on what the Merchants had bought III. When any came to the Markets they went to the Houses of poor people and took up the Hutches where their Cloth lay and seized on all leaving not so much as to cover their Nakedness IV. They took away all the poor peoples Iron Pots on pretence of another Proclamation so that on this great Cruelty which exceeded Pharoes the poor Children were forced to go into the Fields to eat Grass with the Beasts of the Field where they lay down and died by Thousands If it be deny'd it will be proved by Twenty Thousand and the Iudges of Assize c. procured my Lord Lieutenant to Recall all the foresaid Proclamations Mr. Fitzgarret being Interrogated as to the Value of this Commodity to the Kingdom of Ireland He Answered That he hath known the Province of Ulster and had occasion to converse with the best of it for 24 years last past That he was for 8 years imployed in the Circuit for these parts and observed the Natives made a very great Commodity of Yarne and Linnen-Cloth That he may safely call it the Staple-Commodity of that part of the Kingdom That the Merchants buying their Yarne and transporting it to Lancaster it was a very great Commodity and many lived on it That the Proclamation and Execution of it as he was informed by a man of very good rank Impoverished the whole Province especially the Irish Natives of whom few have Lands or Estates but live as Tenants and the Lands there not yielding Wheat or Barley in abundance as other Countries they convert the best Lands to the sowing of Flax and make a very great Commodity of it That he had continual conference especially in Term-time with the best in those parts and especially Mr. Robert Braithwait Agent for my Lord of Essex and Dr. Cook of whose two Towns one is supported by this Commodity and Dr. Cook said there hath been a hundred pounds worth of Yarn in a day sold and bought in that place and by this means the Markets are wasted the People impoverished and that he the said Dr. Cook thinks in his Conscience many thousands are famished by the scarcity of Money that ensued on the seizing of this and the extremity was such that one of the Deputies of those mens authorising went into the house of a Scotchman in the parts of Ulster himself being in England or Scotland would open the Chests and used such cruelty that they thrust a stick into the Womans throat and she died of it and the man was tried for it as he was informed And so Mr. Maynard concluded the Charge supposing it to be sufficiently proved After a little respite my Lord of Strafford made his defence in substance as followeth That in this Charge he hears something tending to Oppression but nothing at all towards Treason for which he is only to answer That the intention of these Proclamations touching Yarn was certainly very good and he thinks the power very lawfully executed being but temporary to take away an abuse and make it better for the Common-wealth That he conceives not how these Proclamations should be particularly laid on him for he hath very good company goes along with him being set out by the Deputies and Council and affixed to them the Hands of my Lord Loftus the Lord Primate the Archbishop of Dublin Earl of Ormond Lord Dillon Sir Adam Loftus the two Chief Justices and others That he had rather answer all than impute any thing to any body else but he believes their Lordships will conceive he is not particularly answerable for things done by the advice of the Council as for the best That he conceives they had power to issue these Proclamations as in other things was frequent as in Drawing by the Horse tail burning the Straw and so taking the Corn from it to bring them from these Irish Customs to the English Manners So in this that their winding of Thread might be brought off with more conveniency as being of so much more value for the unwinding was as much trouble as the thing was worth so that the authority was lawful and well executed in the granting of it He craved leave to tell their Lordships wherefore it was being desirous to regulate this business more than any other thing whatsoever And it was out of that Duty and Service he did and ever should owe to the English Nation however for the present he may not be thought one he had those affections and shall have to his death to wish the Kingdom all prosperity and happiness in all the parts of it That at his coming over he did observe the Wooll of that Kingdom did increase very much that if it should there be wrought into Cloth it would be a very great prejudice in time to the Clothing trade of England and therefore he was willing as much as he might lawfully and fairly to discourage that Trade That on the other side he was desirous to set up the trade of Linnen cloth which would be beneficial there and not prejudice the trade of England But it was extreamly to his loss for he says he lost 3000 l. and the Stewards Chamber being searched and it appearing so the Accounts were delivered back again so that he conceives they had lawful power so to do till a Law might make it more certain and setled and then he is answerable for nothing in all the rest because the execution was nothing to him and the abuses of the Officers he is not to answer for of whom Croky was the principal Executor and if there was an Offender he is the greatest Offender himself and my Lord Rainalaugh tells their Lordships plainly and truly that upon complaint of the ill execution of it it was absolutely recalled and that within two years so if it were a fault he was not incorrigible but willing to amend it on the first notice For the Warrant there is nothing proved of any thing amiss in him but it goes only to second the Proclamation and that there should be assistance in the due and just execution of it only it says the Yarn shall be brought to Dublin there to be disposed of as he should direct but there is no proof of any brought to him only my Lord Rainalaugh mentions a Cart-load brought to Dublin as the fellow told him and Croky says some was brought to Dublin but he knows not how much and it was converted partly to his use partly to Carpenters but he is a single witness whereas my Lord Rainalaugh says there was taken at Athlone as he was told a Cart-load of Yarn and Sir Iohn Clotworthy says they starved by multitudes in Ulster my Lord of Strafford said he could not conceive how so little a quantity taken in Conaught should be an occasion of starving multitudes in Ulster nor the small quantities taken by Croky but if there were so
For I. He hath heard it said That the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governor For these words No Lord or any other of what condition soever c. Must imply a condition of a Lord or one under a Lord not a condition above a Lord as the Chief Governor is II. He shall not lead or bring He hath neither brought nor lead them into Action for the Sergeant at Armes hath done it though under his Warrant III. It speaks of bringing English Rebels or Irish Enemies or Hooded Men Hoblers Kernes c. But that sending of the Kings Soldiers to apprehend and attach such Refractory Persons should be within the Statute is a Stretching of the words of it very far IV. Notwithstanding this Law the Chief Governor hath alwayes used to assess Soldiers and Practice is the best Interpreter of Lawes and yet his acts have not by this Statute been concluded Treason since they have Compounded for it and they pay a great Rent The Composition Rents paid for their discharge from the assessing of the Army being one of the greatest Revenues before his coming there And if their Lordships will have it proved there be few of the Irish but know it And in Conaught the King may take or leave as he pleases Though he shall not insist on it as desiring never to depart from their Lordships Judgment nor thinking himself more safe in any other therefore freely and voluntarily he puts himself under their Lordships Censure for his Life as for his Death But if he should insist on it admitting all this That it was a Treason by the Statute-Law of Ireland yet he is not Tryable for it here But he makes no use of it to that purpose but had he a Thousand lives he would humbly lay them every one at their Lordships feet He added That it is a very heavy Case that such old Laws as these should be started in this manner when the Practice hath been quite contrary and Kindled to destroy him and his Posterity at a Blow But he trusts God Almighty hath provided better for him by their Lordships Favour and Justice For though the Gentlemen at the Bar are much more Learned than himself yet it may be they are not so well Read in the Irish-Statutes as they be in the English Besides he is most confident he shall make it appear that Statute is Repealed And if it falls in his Judgment their Lordships he hopes will find he had Reason to think what he shall offer might be available and that their Lordships will not be offended if he mistakes the Law and this as in other things he desires the Advantage of by Counsel concerning these Points of Law before he be finally concluded First By the Statute of 8 Ed. 4. ca. 1. and had these Gentlemen seen these Statutes he believes they would never put it in Charge against him Whereby it is Enacted Confirmed and Ratified by Authority of the said Parliament that the said Statute be Adjudged and Approved in force and strength and the said Statute may be of force in this Land from the 6 th day of March next and that from henceforth the said Act and all Statutes and Acts made by Authority of Parliament within the Kingdom of England be Adjudged and Ratified from the said 6 th day of March. This comes in time after the Statute of Treason of H. 6. and Ratifying all the former Statutes of England Ratifies the 25 th of E. 3. in England which is the Statute of Treason and 1 H. 4. which sayes nothing shall be Treason but what is said to be Treason within the said Statute of 25 E. 3. So that nothing can be Treason in Ireland but what is Treason by 25 E. 3. or 1 H. 4. or something subsequent for these being confirmed later do take away the Statute of 18 H. 6. Secondly By the Statute of 10 H. 7. c. 22. and this is a Repeal in Judgements far better then his own The former was for another purpose By this all the Statutes made in England before that time are brought to be Laws within Ireland and all Laws contrary to these Laws are hereby repealed But the Law urged by those Gentlemen is against the Laws of 25 Ed. 3. and 1 H. 4. and consequently is repealed very clearly and the words are these in effect It tells of the Benefit and Advantage that might come to them after the English Laws should be brought in And if any Statute have been made contrary to them the same to be annulled void and of none effect And that it hath been so taken and conceived that that Law is Repealed he hath as he conceives a Judgment in Parliament clearly on his side to clear him as to this Treason That the Deputy hath power to Assess Soldiers in Cases where he shall think convenient It is a Power which God forbid any Many should exercise but with all fair Intention and Mildness that possibly can be and he speaks it not to draw any inconvenience on that Kingdom he being willing to spend his Life for them rather than do them any hurt nor will he carry from this Bar the Remembrance of any thing of their Unkindness in Prosecution he means not them that are Members of this House praeter gratuitas Cicatrices and will never look the worse on them he Vowes to God The Statute is 11 Eliz. ca. 7. Being an Act for taking away Captainship and all Exactions belonging thereunto from the Lords and Great Men. WHereas Most Gracious Soveraign Lady The Lords and Chieftaines of this Realm in the time of desolation of Iustice have arrogated to themselves Absolute and Regal Authority c. For Remedy whereof your Faithful Subjects most humbly beseech it may be Enacted c. That no Earl Viscount Baron Lord c. dwelling within this Realm shall assume c. the Name of Captain of any Countrey except such as hath or shall have the same by Letters-Patents from Your Majesty c. or by the name of Captain or therwise exact for the finding of him or them their Horse Foot of or upon any of your Majesties Subjects Tax Sess Subsidie c. nor shall call togethe people of the same Countrey to Treat Conclude and Agree for making War or Peace c. Sess nor lead the people c. without the Great Seal or Warrant from the Lord Deputy c. upon pain to every Earl Viscount Baron or Lord c. for every time 100 l. of lawful Money of Ireland Whence he inferred that here is a Commission that the Deputy and chief Governors have power to Assess and yet are no Traitors a penalty which they would have spared had they thought that Law to have been in force So that as he hath been free in his heart from any Treasonable designe towards His Majesty or His People and as he hath been innocent to God Almighty within doors so
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
being satisfied with what was formerly offered spared his Examination And Mr. Whitlock observed That they did produce these Witnesses the rather because my Lord of Strafford sayes in his Answer they willingly came to Dublin and were Suitors for the Oath Whereas my Lord sent for them when they were there my Lord perswaded them threatned them contrived the Oath himself altered the Petition appointed who should draw it which disproves what is in his Answer alleadged To prove That because diverse of the Scotish Nation were tender and loth to take the Oath or submit to all the Commands of my Lord of Strafford though they would to the Kings they fled the Kingdom and left their Estates Sir Iohn Clottworthy being examined to that particular Answered That he could speak to this particular clearly to his own Knowledge for then my Lord was pleased to insert him as a Commissioner in the said Commission and he was there sometimes and beheld the Execution of it He did likewise see the Multitude when the Oath was generally prest on several Commands from my Lord Deputy to enforce it did leave their Dwellings and Habitations their Corn on the Ground and their Cattle and fled away but whether into Scotland or no he could not precisely say but so it was reported but that Multitudes went away he knew to be certainly true Being Interrogated Whether my Lord of Strafford did by his Instructions deny liberty to the parties to whom it was tendered to peruse the Oath He Answered That he cannot precisely charge himself with it for the Instructions are out of the way but that was as he verily remembers part of the Instructions That they should have the Oath Read over to them but no Copies delivered to them at all Being Asked on my Lord of Straffords motion Whether the Commission and Instructions were not under the hand of the Council as well as himself He Answered That he never saw a Commission under the hand of the Deputy or Council but under the Seal but the Instructions were under the hand of Deputy and Council And Mr. Whitlock observed That my Lord of Strafford drew in the rest to himself Mr. Whitlock then proceeded to the matter of the Sentence against Stuart and Gray who were Imprisoned Fined five times more than the value of their Estates deteined in Prison a very long time very hardly and cruelly used and on this Sentence were the words spoken by my Lord of Strafford which showes his Rancour to the Scotch Nation Richard Salmon Sworn and Interrogated What he knew concerning the Sentencing of Stuart his Wife and Daughters and Gray in Ireland He Answered That on the 10 th of October 1639 after the Kings Attorney Sir George Ratcliffe and many other Lords and Noblemen had given their Sentence concerning this Oath many of them pleading to make it High-Treason and that it was a merciful proceeding against Mr. Stuart his Wife and two Daughters and Gray in that Court My Lord Primate came to shew that if it had been against the first part of the Oath to deny Allegiance and Supremacy to His Majesty it had been so but being against the second part they were to be Judged in that Court My Lord of Strafford told my Lord Primate he was mistaken and that the Bishop of Derry had said well in that they would not Abjure all other Oathes Bonds Covenants whatsoever it was as palpable High-Treason as if it were against the first part of the Oath Thereupon my Lord said These people are mad and I know not how to express my self without going beyond my self they have almost made me lose my self But sayes he Mr. Sâ—t now you have heard my Lord Primate thus much What can you speak for your self Mr. Stuart Answered He was willing to take the first part of the Oath but in that the Oath seemed to bind them not onely in point of Allegiance and Supremacy but likewise in point of Ecclesiastical Duties therefore he durst not take it My Lord told him again he the said Mr. Stuart was not mistaken but had judged right the Oath was not only intended to bind them to Allegiance and Supremacy for that they had other Oaths but likewise to be obedient to the Ecclesiastical Ceremonies of the Church either established or that should be established by His Majesties Royal Command and that whosoever would be obedient to the Ecclesiastical Orders of the Church he would lay his hand under their feet to do them good but whosoever would resist he would prosecute them to the Blood Being Asked on the Earl of Clares motion Whether he be a Minister He Answered That he had Taught School in Dublin but hath not taken Orders Being Asked What other Orders my Lord of Strafford let fall concerning the Scotish Nation being Rebels He Answered He remembers my Lord said They had caused him to forget himself He said also That they were Traitors and Rebels and that if His Majesty would honor him so much as to send him back again he would eradicate root and branch even all of that Nation out of the Kingdom of Ireland saving such Lords and others that had taken the Oath Being Asked What Fines were Imposed on Stuart and the rest He Answered To the best of his Remembrance it was 5000 l. on him 5000 l. on his Wife 3000 l. a piece on his two Daughters and 3000 l. on Iames Gray Being Asked Whether they were worth these Sums He Answered That it is not known to him but he conceives Gray was not worth a hundred pound for he lived on the Maintenance of Mr Stuart in the Prison And he knows not whether they paid any thing of the Fine or no. But Mr. Whitlock observed That Stuart was fain to sell his Estate to pay his Fine Iohn Loftus being Sworn and Interrogated Whether he was present at the Sentence against Mr. Stuart and the rest And what it was He Answered He was in Dublin when Mr. Stuart his Wife and two Daughters and Iames Gray were brought by the Sergeant at Armes from their House to Dublin where they remained Prisoners in his Custody and were thence carry'd one by one to Mr. Attorney and Sworn by him and after their Examinations taken were called to the Court of Star-Chamber and proceeded against Ore tenus At which hearing he the Deponent was And after the rest of the Lords had delivered their Opinions he heard my Lord Deputy deliver his likewise and his in substance was He consented in fine to that the Lords had laid before viz. 5000 l. on Stuart 5000 l. on his Wife 2000 l. a piece on his Daughters and 2000 l. on Gray and my Lord exprest himself That he wanted termes to set forth the heinousness of this Cause and that he was to leave his Sword but if it pleased His Majesty to return him thither again he hoped to have such as would not Conform themselves to the discipline of the Church
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
clear this Point and said The Gentlemen is a great way off him and may easily mistake For he said Were it again to do being no better informed then he was at that time he should do it But now he understands more than he understood before But Mr. Stroud Answered That under-favour he did not mistake my Lord for he remembred how fierce my Lord was upon an Oath in the Case of the Loane when he was a Commoner My Lord of Strafford did here desire a Motion or two The First Importing That he should be very unwilling any thing should befall him that might be a Prejudice to the Peerage of the Realm and out of the duty he owes to that he might crave leave humbly to enform their Lordships That he hath a great Family in Ireland his Wife and Children are there that all he hath is seized on So that he hath not as he protested but as he borrowes it Money to buy Meat to feed himself here And how his Wife and Children and Servants do in Ireland he knows not but that they are under the Providence of Almighty God That it is a heavy Case that being Impeached of Treason and Constructive Treason he hopes it will prove at the most that he should be thus used being a Peer of the Realm to have all he hath taken in this sort and his Wife and Children and Family thus unprovided for and left without so much means as to feed themselves he therefore besought their Lordships to take him into Consideration that he may not be worse than the meanest sort of people having the honor to be a Peer under the pretence of Treason The Second was That since my Lord-Keeper and my Lord of Northumberland may be very good Witnesses for him in the subsequent Charge that will next come before their Lordships And whether my Lord Cottington be in disposition to be here on Monday He knows not that therefore some course might be afforded that he might have the benefit of their Testimony when he shall come to Answer the next Charges Being demanded by the Lord Steward By whom his Goods were seized and Whether by the Orders of the House of Commons Read the other day that their Lordships might clearly understand him His Lordship answered Yes From whence Sir Iohn Clotworthy observed That by these Orders nothing could be Inferred but a Sequestration of the advantage that might possibly be had by the Tobacco And that his Lordship had a fair Estate in Ireland of per Annum acquired since he came into Ireland which is not at all touched To which my Lord of Strafford replyed That he had a Thousand a Year in Ireland and that was all And he had Two hundred and sixty in Family and how those can be maintained All the Customs being seized and a little Money he had having but narrowly escaped he desired their Lordships to take it into their Consideration For these Particulars his Lordship had direction to Petition to their Lordships And so the House was Adjourned and Monday morning next appointed to proceed about the ARTICLES The Council for the House of Commons having proceeded against the Earl of Strafford Article by Article till they came to Article 20 but then finding the following Articles so nearly related to one another they would tye themselves no more to these Rules but pleaded for Liberty to handle them not as they lay but as they were Related to one another And after my Lord Strafford had long and vigorously opposed this my Lord High Steward Determined the Case and Ordered They should be handled promiscuously and in cumulo as the Council for the Commons-House should think fit Therefore I have set down these Articles that were thus Debated here THE Twentieth Article The Charge 20. THat the said Earl hath in the Fifteenth and Sixteenth years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotch Nation And diverse and sundry times and especially since the Pacification made by His Majesty with His said Subjects of Scotland in Summer in the Fifteenth year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an Offensive War against His said Subjects of the Scotch Nation And the said Earl by his Counsels Actions and Endeavors hath been and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of Warr against them The said Earl having formerly expressed the height and rancour of his Mind towards His Majesties Subjects of the Scotch Nation viz. the Tenth day of October in the Fifteenth year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotch Nation both root and branch Some Lords and others who had taken the said Oath in the precedent Article onely excepted and the said Earl hath caused diverse of the Ships and Goods of the Scots to be â—aped seized and molested to the intent to set on the said War THE One and Twentieth Article The Charge 21. THat the said Earl of Strafford shortly after his Speeches mentioned in the last Precedent Articles to wit in the Fifteenth year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and contiâ—ed his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much wisdom and goodness had composed the Troubles in the North and had a Paciâ—ation with His Subjects of Scotland he laboured by all means to procure His Majesty to break that Pacification Incensing His Majesty against His Subjects of that Kingdom and the Proceeding of the Parliament there And having Incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he compelled His Majesty to call a Parliament in England yet the said Earl intended that if the said Proceedings of that Parliament should not be â—ch as would stand with the said Earl of Straffords mischievous Dâ— he would then procure His Majesty to break the same and by ways of Force and Power to raise Monies upon the Subâ—cts of this Kingdom And for the encouragement of His Majesty to hearken to his Advice he did before His Majesty and Privy-Council then sitting in Council make a large Declaration That he would serve His Majesty in any other way in case the Parliament
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
Matter they now desiring his Examinations only to the point of my Lord of Straffords perswading the King to an Offensive War against the Scots The Examination of Algernon Earl of Northumberland taken 5th December 1640. Read To the 16th Interrogatory he saith That the said Lord Lieutenant did after the breach of the last Parliament advise His Majesty To go vigorously on in an Offensive and not Defensive War against the Scots The Lord Bishop of London Lord Treasurer of England Sworn and Interrogated What he knew concerning the Earl of Straffords giving Advice to His Majesty to go on in an Offensive War against the Scots before or after the breach of the last Parliament He Answered That all he remembred of my Lord of Straffords Advice touching a War was That which he gave publickly in Council at the Council-Board for he remembred not any single Advice that he gave at all The Advice given by his Lordship the Deponent at the Council-Board after the Relation made by my Lord the Earl of Traquair to the best of his remembrance was this My Lord Traquair did make a Relation before His Majesty and my Lords of what had passed in the Parliament of Scotland and of many Demands made there whereunto they did desire to have His Majesties consent and approbation His Majesty was pleased to signifie to those Lords That among these Demands there were some of them very prejudicial to that Crown insomuch that He could by no means give way to and consent to them with His Honor and safety and thereupon the Advice or Opinion given was and then was given by my Lord the Earl of Strafford as well as others of my Lords and the Demands being of that nature as they were then informed and the Commissioners as he remembers being then come up or at lest had a Licence to come up It was Resolved upon That in case they should insist upon those Demands that had been so related and would not recede nor alter nor submit otherwise then His Majesty should prepare Himself to reduce them by force this he takes to be my Lord of Straffords Expression and the Substance of what was there delivered Being Asked Whether my Lord of Strafford advised then an Offensive War or a Defensive War He Answered That he did not well remember what kind of War but he thinks it was an Offensive War Being Asked Whether at the Dissolving of the last Parliament my Lord of Strafford did not advise to an Offensive War He Answered That he remembers upon a Meeting afterwards of casting up the Charges and other things there was a discourse of it Whether it was best to have a War as only Defensive the War being then resolved upon or to make an Offensive War that is to enter into Scotland with Force And there were diverse Opinions in 't and he believes my Lord did incline to the Opinion for an Offensive War Being Asked on my Lord of Straffords motion Whether he my Lord of Strafford delivered any Opinion at that time different from the rest of the Lords present He Answered That every man there exprest himself in such sort as he thought fit some in one kind some in another but he did not observe any difference as to the main in the Opinion of any man Being Asked About the time When this was He Answered It was at the Council-Board at that time when my Lord Traquair made his Relation and as he remembers it was about December Being Asked Whether he delivered his Opinion once or twice He Answered The Opinion was delivered but once as he Remembers To the Seizing of the Scotch Ships in Ireland after the Pacification Mr. Nich. Barnewell Sworn and Interrogated What he knew of the stopping of the Scotch Ships in Ireland He Answered That Sir Robert Loftus had a place under my Lord Admiral and had seized on some Scotch Ships and Boates and that others fled away and that Sir George Ratcliff was Angry that he spoke of it in so Publick a Place as to give them occasion to run away but the time he doth not remember and he thinks Sir Robert Loftus was Vice-Admiral of Lemster but he cannot take his Oath that the Warrant was from my Lord of Strafford but Sir Robert told him He had a Warrant And so Mr. Whitlock said They would leave it as to the matter of Scotland and observed the Proofes That when a free Parliament was Convened there by the Kings Authority and had liberty to treat of their Grievances and Demands and when these Demands by way of Narration were declared in my Lord of Straffords hearing though the reasons of them were not then delivered yet my Lord of Strafford gave his Advice to the King That these Demands made in Parliament were a sufficient ground of a War against them even after His Majesty had declared Himself satisfied and would stay to hear the Reasons but that would not satisfie my Lord of Strafford he himself declared it at several times and before himself had heard the Reasons that the Demands made by the Kings Free Parliament were a sufficient ground of a War And if it be so Mr. Whitlock said he he is sure then Parliament or no Parliament no Liberty nor Property can subsist with it My Lord of Strafford hath declared his intention and designe to subvert the Parliament and to subvert the Government of Scotland That he perswaded the King to an offensive War and told the King their Demands were not matter of Religion but struck at the root of Government and that it was fit to punish them by force and on these proofs it is conceived his Designe was manifest After this Mr. Whitlock proceeded to shew also his Design against England and began with the Testimony of my Lord Primate of Ireland The Examination of the Right Reverend Father in God Iames Lord Archbishop of Armagh Primate of all Ireland taken 11 Ian. 1640. To the 119 th Interrogatory he saith That in or about April last past in discourse betwixt the Earl of Strafford Lord-Lieutenant of Ireland and this Examinant at Dublin in Ireland touching the Levies of Money upon the Subjects by the King he did hear the said Earl of Strafford declare That he did agree with those in England who thought that in case of imminent necessity the King might make use of his Prerogative to levy what he needed save that as his Lordship then further said in his opinion His Majesty was first to try His Parliament and if that supplyed him not then he might make use of His Prerogative as He pleased Himself or words to that effect The Lord Conway being asked what words my Lord of Strafford used when the said Lord Conway Demanded How the Army should be paid in case the Parliament gave not supply His Lordship Answered That he had been formerly examined upon this thing and then gave his Answer and besought their Lordships to give him
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
Lex And further not to bind himself to words but to the sense at the same time the Earl of Strafford used these words or words to this effect That the King was not to suffer himself to be mastered by the frowardness and undutifulness of his People or rather as he conceives by the disaffection and stubborness of some particular men And this he said from his former Notes which he thought fit rather to use than to trust his Memory Being Asked Whether by particular Men he meant not particular members of the Parliament His Lordship Answered By his Troth he conceives so for he was speaking of the Parliament Edward Lord Newburgh being Sworn and Interrogated Whether he did not hear my Lord of Strafford speak these words to His Majesty That the Parliament in denying the King had given him advantage to supply himself by other wayes His Lordship Answered That those very words he never heard nor words to that effect But he hath Answered in his Deposition what he hath heard and he shall desire to speak a little before he Repeats it And this it is When he was Examined he did then speak that which occurred to his memory but since the agitation of this business something else hath come into his thoughts And if he shall speak that which his Conscience now tells him he shall desire my Lords that then Examined him and the Gentlemen not to misinterpret him if he shall add something to what he formerly delivered He cannot say whether when he heard these words the King was by or no for he doth not remember it But he very well remembers that after the breach of the last Parliament he heard at the Gallery or Council-Table but he rather believes now at Council-Table some words to this effect That seeing the Parliament had not supplied the King His Majesty might take other Courses for Defence of the Kingdom But though he cannot possibly Swear my Lord Lieutenant spake these words yet he verily believes he heard him speak something to this purpose And this is all he can testifie Henry Earl of Holland Sworn and Interrogated Whether he did not hear my Lord of Strafford say to His Majesty That the Parliament in denying the King had given Him advantage to supply Himself by other wayes or words to that effect His Lordship Answered That he needs not trouble their Lordships with Circumstances or long Discourses but these words to the best of his remembrance according to his Oath he conceives were said to the King upon the Dissolving of the Parliament at the Council-Table That the Parliament in denying to supply the King had given Him advantage to supply Himself by other wayes But he will not tye himself so particularly to the words but as at the time when he was Examined before the Gentlemen of the Committee he added or words to this effect Being Asked By whom they were spoken His Lordship Answered By my Lord of Strafford Mr. Whitlock then proceeded to the latter words of the 23 d Article which shew in full and plain termes what my Lord of Straffords design was and what he would have laboured and endeavoured His Majesty to entertain The words of the Charge were Read And to prove them the Examination of Algernon Earl of Northumberland was first Read taken the 5 th Decemb. 1640. To the 7 th Interrogatory he saith That the Earl of Strafford said That in case of necessity and for the Defence and Safety of the Kingdom if the People do refuse to supply the King the King is Absolved from Rules of Government and that every thing is to be done for the preservation of the King and His People and that His Majesty was acquitted before God and Man And he saith that the said words were spoken at the Committee for Scotch Affairs in the presence of His Majesty and for the time of speaking these words he doth not perfectly remember He saith That these were the Discourses mentioned in his Answer to the third Interrogatory which made him believe what he hath answered to the said third Interrogatory Their Lordships calling to have the third Interrogatory Read It was Read To the Third and Fourth he saith That the Forces which were to come out of Ireland were to Land in the West part of Scotland but he doth not know nor hath heard to his Remembrance that these Forces or any other were to be imployed in this Kingdom to Compel or Awe the Subjects of this Realm to yield to such Taxes and Charges as should be Imposed on them by His Majesty He saith That he hath heard my Lord Lieutenant make some Discourses to the King whereby he believes that in case the King were not supplied by Parliament that some Course was intended to raise Moneys by Extraordinary wayes He saith That the said Lord Lieutenant did declare in His Majesties presence That the Design was to Land the Irish Army in the West parts of Scotland Sir Henry Vane being Interrogated What words he heard my Lord of Strafford speak to the King before the Parliament or after the Dissolution of it tending to this That the King had tried the Affections of His People and was Loose and Absolved from all Rules of Government and on what occasion He Answered That to the General Question of what was spoken before or after the sitting of the Parliament he doth not remember and there are no particular words asked him But to these words which have been read he shall as near as he can ingenuously deliver what he did formerly depose ever reserving to himself words to the same effect That he considers very well where he is and the presence before whom he speaks That he hath never in the whole course of his life loved to tell an untruth much less in this Honourable Assembly That he shall as near as he can in this Case tell their Lordships plainly and truely the matter It is true as my Lord Admiral hath declared to their Lordships that these words he is to testifie were spoken at the Committee of Eight for the Scotch Affairs For the time he shall crave pardon if he cannot particularly speak to it But thus far he shall say It was clearly after the Dissolution of the last Parliament It is true and if he do not very much mistake it was when the debate whether a Defensive or an Offensive War was Controverted And to the best that he can remember and clearly as he conceives there were words spoken either these he shall now relate or to the same effect by my Lord of Strafford who is now at the Bar. The occasion being Whether an Offensive or Defensive War and Arguments were Controverted in it My Lord of Strafford did say in a Discourse for he must be ingenuous he must say all he hath deposed or is required Your Majesty having tryed all wayes and being Refused and in Case of this extream necessity and for the safety of the Kingdom
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
look what is proved and not to what is enforced on those proofs from these Gentlemen For words pass and may be easily mistaken but their Lordships having regard only to what is Deposed and that they were to guide themselves by that After some Respit my Lord of Strafford began to make his Defence as followeth That it will be very hard for him to know in what order to Answer all the matters objected against him But the best course he can take for his own direction and he trusts it shall not be displeasing to their Lordships will be to go over the Articles as they lie in order and under every Article to give his own Proof and to repeat all the Proofs prest against him for that Article The other day an end was made of the 19 th Article but then likewise the 20 th was entred into so the middle part of that Charge is answered already touching words by him spoken at his last being in Ireland and to that he shall not need farther to Answer But here is in it that he did labour to Perswade Incite and Provoke to an Offensive War against the said Subjects of the Scotch Nation and to have been by his Counsels Actions and Endeavors a Principal Incendiary To prove this they have offered first my Lord Traquairs Depositions and he craved leave to represent to their Lordships How he conceived his testimony was delivered viz. That upon a Relation of his the Lord Traquair made at the Council-Board he gave his Opinion as other their Lordships did and that it was condescended to by the Council-Board That if the Comissioners of Scotland gave not satisfaction that then the King might put himself in a posture of War so that he gave only an Opinion as others did And that is proved as he conceives by my Lord Traquair who among other parts of his Testimony recited sayes That there was no difference in the main amongst the Votes So that by both the Testimonies it plainly appears that his Opinion was no other then the Opinion of the rest And certainly as that Opinion can never be charged on any of the rest of the Lords in any kind whatsoever so he trusts it shall never be charged upon him for he thinks he is in a great safety and security when he hath the concurrence of so many wiser persons then himself in the Opinion he then deliver'd and that is for so much as was spoken at the Council-Board And if it were needful as he conceives it is not to examine the persons that were there it should appear he delivered no Vote at all at that time but the Vote of the Board But it is clear in their own proofs and their Lordships will he hopes justifie him in their Judgments when it comes to Sentence The next thing is the Deposition of my Lord Morton concerning something spoken at York at a Council there called he met before the Assembly of the Great Council of the Peers where he conceives and as he remembers he the Earl of Strafford spake something to this sence That the unreasonable Demands of Subjects in Parliament was a ground for the King to put Himself into a posture of War When this had been resolved by the Council of England he conceives it no great Crime for him to say so For upon the Question put on those Demands it was said That it was fit for the King to put Himself into a Posture of War and into a Condition to reduce them by Force if they could not be brought by fair means to do their Allegiance and Duty to the King There is something more that my Lord Morton sayes That he the Earl of Strafford should say It was a sufficient Cause without hearing their Reasons to Declare a War This he my Lord of Strafford conceives under favour is but a single Testimony And my Lord Morton gives himself the Answer for he sayes the Reasons were not related when he was present and therefore in that my Lord of Strafford conceives there is little matter My Lord Traquair sayes one thing more and that is That the reasons were left to be alledged by the Scotch Commissioners It is true they were so And my Lord Morton sayes that he the Defendant should say It was not matter of Religion that was the business but they struck at the root of Government and were to be punished by force He further adds by way of Defence That if he thought they struck at the root of Government he thinks every man will say he had reason to say it was fit to reduce them by force But he said he should speak further of these things anon when he should represent what Words are in respect of Deeds and what difference there is between what a man Sayes and Does in case of Treason But under favour these two last are no part of his Charge though he answers them for he is not charged with speaking any thing to the King at York the night before the Great Council but only with speaking at the Council-Board on my Lord Traquair's relation and this he conceives is all they bring against him to convince him of the 20 th Article saving only the testimony of my Lord of Northumberland and of Mr. Treasurers And Mr. Treasurer says That it being agitated whether a Defensive or an offensive War were to be undertaken he was for a defensive and my Lord of Strafford for an offensive War He the Deponent cannot conceive how this can conduce to make a Treason If the War was resolved on the Debate whether an offensive or defensive shall not be Treasonable admit it to be as Mr. Treasurer sayes Mr. Treasurer alledged his reason and he the Earl of Strafford alledged his and God forbid it should be Treason in one or any other they both doing their Duties and delivering their Consciences according to their oaths It was resolved as fit to reduce them and whether by an offensive or defensive War being a free Council they were bound to deliver Judgements to a Master that was so wise as to know what was best for his service and so to dispose as he should think fit My Lord of Northumberland sayes That he the Earl of Strafford advised to go on vigorously in an offensive War Admit he did say so it is not Treason it was a free debate many reasons were given and for him to give his reasons one way was as free from Crime or Offence as for them to give their reasons another way They say that as a chief Incendiary of the troubles between His Majesty and the Scotch he seized divers Scotch Ships when he was in Ireland and for this they have only Mr. Barnwels Testimony and all he says is That Sir Robert Loftus told him he had a Warrant to seize the Ships and they did seize them accordingly but by whose Warrant he doth not know But if your Lordships will know by whose Warrant it was he shall give the
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
therefore he desired to touch on them a little The first proof hereof Is the Testimony of Mr. Comptroller that he the Earl of Strafford should say something of deserting the King but he remembers not the particulars In which words he conceives there is nothing that can make him Criminal before their Lordships The next is of what my Lord of Bristol sayes whose Discourse came in upon some Difference between the Tenants of his Lordship the Earl of Bristol and his the said Earl of Strafford The discourse he remembers very well my Lord of Bristol honouring him with a visit when he was sick and he remembers something was spoken to that effect and purpose as it is in the Testimony But What is this as to the Charge laid against him In the Charge there are only such words that may prejudice him but nothing that may forfeit his Life Estate and Honor. As in the case of Extream and unavoidable necessitie viz. The Invasion of a Foreign Enemy when there is not time to call a Parliament And the King may in that case use as the Common Parent of the Country what power God Almighty hath given Him for preserving Himself and His People for whom He is accomptable to Almighty God is a thing quite different from what is in an ordinary Case He confesses his opinion is the King hath a power absolutely to use all possible means for the safety of the Publick In these Cases He hath a Power given Him by God Almighty that cannot be taken from Him by others neither under favour is He able to take it from Himself If this be a fond and foolish Opinion he craves their Lordships pardon but he thinks a man should not forfeit his Life and Honor and Posterity for a foolish Opinion God forbid that Common-Law or Statute-Law should make that Treason in any Man So that he acknowledges There was some such discourse But all things taken together carries the State of the Question quite another way then when taken to pieces My Lord of Bristols Testimony sayes further But my Lord of Strafford then said The King was not to be Mastered by the frowardness or wilfulness of His People or rather by the disaffection of some particular men To which words he sayes If he did remember them he would acknowledge them But being then in that condition delivered from a great and long sickness infirm and weak both in the powers of his mind and faculties of his Body if he be not able to recollect every thing it is no marvel But he relies so much on the honor and nobleness of my Lord of Bristol that seeing he sayes that he said it he will not deny it though he cannot remember it But he must say withal That his Testimony cannot work any thing towards him further then a single Testimony can do in this case and therefore without offence he shall desire in this particular to reserve that benefit to himself that the Law in this case gives him in such sort as hereafter he shall be bold to put their Lordships in mind of that is how far a single testimony may work to the prejudice of a Man charged with High Treason The next Testimony is my Lord of Newburgh That he heard me the Defendant say or words to this effect That seeing the Parliament had not supplied the King His Majesty might take other Courses for the Defence of the Kingdom These words I do said the Defendant acknowledge And he trusts there is no offence in this saying for I conceive that the King is not secluded nor any one else in a fair and just and an honourable way from doing the best for himself and his own preservation but those other Courses that were intended were just and lawful Courses He must put that grain of salt into all the rest of his Discourse that it was meant of no other wayes or Means but such as were allowed by the Laws of the Land and were fit for a gracious and pious King to use and so understood he knows no reason but the King should be left to supply Himself in all the fair and just ways he can if the Parliament should not supply Him The next Testimony is my Lord of Holland's and his Lordship sayes That at Council-Table my Lord of Strafford should say That the Parliament having deny'd the King gave Him an advantage to supply Himself otherwayes But he sayes still other lawful wayes It gave Him advantage to use His Prerogative in lawful wayes further then otherwise perhaps out of his goodness He would have done Therefore giving those words that Interpretation he conceives they cannot be layd to him as a Charge of High-Treason The next is the Testimony of my Lord of Northumberland who sayes My Lord of Strafford said That in case of necessity and for Defence and safety of the Kingdom if the People refuse the King might do every thing for the Preservation of His People This brings it much to the other business before spoken of it being in case of necessity for Defence and Safety of the Kingdom and to be used for preservation of the People for he must needs say That is his Opinion grounded upon that Maxim Salus Populisuprema Lex In these things when ordinary formes cannot be had for when they may be had to go to extraordinary is not right but when the ordinary wayes fail and the occasion gives no time God forbid but the King should employ the uttermost of His Power Wisdom and Courage for preservation of Himself and His People And to say it with limitation under favour doth state the Question quite otherwayes then if the words were taken alone and not put together But that with these Limitations he spake both these things and diverse others will more fully and clearly appear in the next succeeding Article for here he is charged with speaking things at large but there at the Council-Board and there it will come in properly At which time he shall desire to examine some of their Lordships and it shall appear words of this Nature went alwayes in this sort from him in case of a Foraign Invasion in case of an Enemy actually entred or to be entred and not otherwise which makes it another Question then as by the Antecedents and Consequents it is laid in the Charge Besides this offence is but words spoken by way of Argument in Common Discourse betwixt Man and Man without any further or other proceeding or Execution upon these words and Shall these be brought against a Man and charged on him as High-Treason God forbid that ever we should live to see such an Example in this Kingdom A matter of infinite prejudice and danger to every Man for when that is done no Man can be safe Is there any thing more ordinary then for Men in Discourse to seem to be of a Contrary Opinion to what they are to invite another Man to give Reasons perhaps to confirm him in his own
the secret reservations men ought to speak things withal for we ought to think just things and that men will do nothing but fairly and these are conditions implyed when we speak of the Sacred Majesty of Kings let that be implyed it could not be High Treason to tell the King That having tryed the affections of his people he was loose and absolved from all rules of Government that is all ordinary rules and was to do every thing that Power would admit that is that Power would lawfully admit and that His Majesty had tryed all just and Honourable ways and was refused and should be acquitted both of God and men The last words That the King had an Army in Ireland which he might imploy to reduce this Kingdom he denies and if the other words be fairly interpreted with the reservations granted a man in that case being spoken of so great a person as the King nothing in them can turn so much to the prejudice of the Speaker But he desires leave to offer the Antecedents and Consequents of all that he said in Council whereupon this is gathered and then they find the Case otherwise stated than as it is strained in the Charges God forbid any man should be judged for words taken by pieces here a word and there a word where the Antecedent and Consequents are left out for then Treason may be fetcht out of every word a man speaks as for example If one asks him whether he will go to such a place he tells him by way of Answer He will kill the King as soon the other swears he said he would kill the King it is very true indeed but if the other words be added it will then imply That he will be sure not to kill the King and therefore he will be sure not to goe to the place And if the words be taken together he puts the Case thus In case of absolute necessity and upon a foreign Invasion of an enemy when the enemy is either actually entred or ready to enter and when all other ordinary means fail in this case there is a Trust left by Almighty God in the King to employ the best and uttermost of his means for the preserving of himself and his people which under favour he cannot take away from himself And as this did precede these words so there were divers restrictions added to them for he says this must be done only and upon no other pretence whatsoever but for the preservation of the Common-wealth that it must be done Candidè Castè That if it were done on any other pretence whatsoever than clearly and fairly for preserving the Common-wealth that would prove it to be oppressive and injurious which otherwise rightly employed would become a Pious and Christian King and that when the present danger of the Common-wealth was by the Wisdom and Courage and Power of the King prevented and the publique Weal secured In a time proper and fit the King was obliged to vindicate the Property and Liberty of the Subject from any ill prejudice that might fall from such a Precedent and until the Prerogative of the Crown and Liberty of the Subject are so bounded that they may be rightly understood by King and People which cannot be without a Parliament His Majesty and they can never look to be happy Now if he shall make this appear to be true as he hopes he shall then he conceives he states their Lordships a quite different question from that brought against him in the Charge and brings an opinion so concluded and shut up with restrictions and with necessity and with unavoidable danger that were otherwise to fall on the Common-wealth as he trusts cannot bring any manner of ill consequence whatsoever publiquely or privately to any Creature For this purpose he desired the favour to examine some of the Noble Lords present and that First the examinations of my Lord of Northumberland might be read and they were read accordingly To the Third Interrogatory he saith That the Earl of Strafford declared his opinion That His Majesty might use his power when the Kingdom was in danger or unavoidable necessity or words to that effect To the Fourth That the said Earl did often say That that power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only imployed to that use To the Sixth That the said Earl of Strafford said That this Kingdom could not be happy but by good agreement in Parliament between the King and His People My Lord of Strafford observed That this was at the very same time and let all the world judge whether he had any intention to subvert the fundamental Laws of the Land or no Next he desired my Lord Marquis of Hamilton might be examined to the Interrogatory my Lord of Northumberland was examined to Marquis Hamilton examined to the said Interrogatory viz. Whether the said Earl of Strafford delivering his opinion how far the King might use a Power after the breach of the late Parliament did not put the Case when there was an unavoidable necessity upon actual Invasion or an Enemies Army ready to enter the Land His Lordship Answered That he hears the Question and remembers the same Question was asked him formerly on his oath when he was Deponed and he then said as now he could not call to mind what my Lord said in that point Whether my Lord of Strafford did not say That that Power was to be used Candidè Castè and if it were used for any other purpose it would be unjust and oppressive His Lordship Answered That he hath heard him use those words often to His Majesty and on them or immediately after he declared his opinion That it would never be happy in this Kingdom till there be a right understanding between the King and his People and that could not be but by a Parliament Whether he did not say at that time That the present danger provided for and all which setled the King was bound to preserve the Liberty and Propriety of the Subject from the prejudice of such a precedent His Lordship Answered He remembers something of that but cannot positively say because he cannot tell what the precedent was Being asked on Mr. Whitlock's motion what time he heard these words from my Lord of Strafford in the said Second Question He Answered professing that his memory is not good and if it fails not him in this he may boldly affirm he heard my Lord of Strafford speak the words both before and since the Dissolution of the last Parliament Being asked on my Lord of Straffords motion Whether His Majesty was pleased to declare to the Lords of the Council That he had perfect and full intelligence that the Scotch Army intended to march into England He Answered he remembers very well His Majesty had frequent Advertisements of the Scots intentions to come into England he knows
give him the respit of a day to restore his litle strength it shall please God to lend him for he is not able to speak or stand Which the Committee for the Commons House said they should not oppose if it stand with their Lordships pleasure Mr. Pym did only add this That if their Lordships please to observe my Lord of Straffords endeavours to prove divers mitigations of his words some by Mr. Comptroller and some others by my Lord Goring But their Lordships may observe that the words in the Charge were spoken at the Committee the words spoken of by Mr. Comptroller were at the Council-Table and therefore they are not the same nor serve they for extenuation of words spoken at another time And so the House was Adjourned and appointed to meet again on Wednesday next THE Five and Twentieth Article The Charge 25 THat not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-Money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-Money divers of which were threatened by him to be sued in the Star-Chamber and afterwards by his Advice they were sued in the Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great Loan of One hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his Advice to the Council-Table to give an account of their proceedings in raising of Ship-Money and furthering of that Loan and were required to certify the Names of such Inhabitants of the City as were fit to lend which they with much humility refusing to doe he the said Earl of Strafford did use these and the like speeches viz. That they 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 that they were laid by the heels and some of the Aldermen hanged up April 7. 1641. Mr. Maynard proceeded to make good the Charge of the Commons of England against the Earl of Strafford touching High Treason and said They had already brought it so high as they must needs acknowledge they cannot goe higher a Design being laid to introduce an Arbitrary Government and Counsels given to maintain that and to introduce it by force They can goe no higher unless those Counsels had unhappily succeeded but though those Counsels take not effect yet the Principles whereby those Counsels were given appear still to have remained AND whereas my Lord of Strafford having these things proved against him by his Speeches Opinions and Counsels pretends there was no such thing done as if the goodness of others would excuse the badness of his Counsels they shall shew what he did do in the succeeding Articles And in the 25 th he proceeds First to advise His Majesty to go on vigorously with the Ship-Money he procured the Sheriffs to be sent for and sued in the Star-Chamber he sent for the Mayor and Aldermen about the loan of 100000 l. and the furtherance of Ship-money and were told by him That they deserved to be put to Fine and Ransome c. To prove the 25 th Article The Lord Treasurer of England being Interrogated What Advice my Lord of Strafford gave touching the levying of Ship-Money His Lordship Answered That he remembers my Lord of Strafford did advise that they should go vigorously and effectually on with the getting of Ship-Money he takes the time to be when as the Ship-Money came in very slowly and they were enforced to take out of these Moneys that were provided for the furnishing of the Army divers great sums to set out a Fleet which else would have staied still and my Lord of Strafford took no tice That if it were not repaied the Army would be destitute and unfurnished and therefore advised as formerly That the Ship-Money might go on vigorously and the other Money be repaid again for the use for which it was appointed and it was after the breach of the last Parliament Tho. Wiseman Sworn and Interrogated what he heard my Lord of Strafford say when the Aldermen of London were called to the Council-Table about the Ship-Money and the Loan and when it was He Answered That for the time he cannot very well remember and touching the Loan he is able to say little But about the Ship-Money he doth well Remember that my Lord should say they would never do their Duties well till they were put to Fine and Ransome meaning the Aldermen that were then called before their Lordships and this is as much as he can say Being asked whether there were not words of laying by the heels and what the words were He Answered He should not fear to do it My Lord of Strafford did say Whether on the Loan or Ship-Money he is not able to remember You should doe well to be layed by the heels you shall have no good of this man till he be laid by the heels and he the Examinant supposes it was meant of my Lord Mayor who was then present as he remembers and my Lord was there and to his best remembrance His Majesty was present Earl of Barkshire being Sworn and Interrogated What my Lord of Strafford counselled the King touching the said matter of Loan His Lordship Answered That he remembers His Majesty desired to borrow a sum of Money and to give good security for it and Interest after 8 per cent on the sum That the Aldermen were sent for and commanded to give in to the King the Names of those Men that were most able within their several Wards which they excusing themselves from doing my Lord of Strafford said Gentlemen in my opinion you may be lyable to Fine and Ransome for refusing the Kings Command on this occasion for not certifying the Names and this is the effect of what he spake Sir Henry Garaway being Sworn and Interrogated What my Lord of Strafford said to the Aldermen about the Ship-Money and Loan-Money He Answered That as he was Mayor of London in the last year he was oftentimes commanded to attend the Council-Table with the Sheriffs of London when they came about the Ship-Money there came no body as he conceives but they and himself but when they came concerning the Loan the whole Court of Aldermen came together Concerning the Ship-Money he confesses he found a great difficulty of it he could not tell which way to turn himself to levy the Money to give the King satisfaction He acquainted His Majesty That there were these difficulties in it That of two years proceeding not one halfe of the City of London had paid and therefore the willing men that had paid
which my Lord Mayor sayes that he the Earl of Strafford should say to His Majesty Sir there will be no good done with the Citizens of London till you have hanged some of them up which at first he said was to his best remembrance and upon recollection he says directly and absolutely for my Lord said he must not make it weaker against himself than it is and he wishes that rule might be kept on both sides which is to repeat the Evidence to their Lordships clearly and plainly as it is which duty he said he had Religiously observed since the beginning of the Cause and will perform to the last not misrecyting any thing for his advantage or disadvantage This being howsoever his comfort and joy that their Lordships are so wise as not to hearken to what is repeated of the Evidence but to the Evidence it self as it is plainly and clearly represented and that will not deceive them and therefore my Lord said to the best of his remembrance and the Witnesses said no more at the first he spake them not but he thinks they were spoken in so good company before their Lordships of the Council-Board that it cannot but be remembred by some of their Lordships if the words had been spoken and by His Majesty to whom it is said they were directed But being an equal Testimony however in this condition and misfortune and affliction it may be between this Gentleman and himself he thinks that before these troubles befell him he was as equally to be believed as the other and therefore all the difference is one sayes it the other denies it My Lord added That he denyed it in his Answer and he denies it at the Bar and in truth to his best remembrance he never spake the words and it is a thing of no great moment being a hasty word and at the most very excusable especially to a free spoken man as he is and he smarts for it which hath further engaged him perhaps than wiser man would have been that hath much worse thoughts than ever he had but he hoped it will be pardoned and not amount to make good the Charge against him but that their Lordships Honor and Justice will excuse it rather than punish it and so his Lordship said he would say no more to it Mr. Maynard made Reply thereunto in substance as followeth The Committee shall need to to say little to this Answer of my Lord of Strafford for whereas he sayes nothing of High Treason is proved their Lordships will be pleased to remember how oft this hath been answered for if their Lordships will look back to what they have proved from the beginning They charge not this as a particular Treason but having charged him with a design to subvert the fundamental Laws it appears he threatened it That the Kings little finger should be heavier than the loins of the Law They have shewed what he did in Ireland how he did not only threaten but gave sentence of death on one for words how there he hanged another it appears what a Jurisdiction he erected against Law and wayes were taken to maintain them how Soldiers were forced on mens Houses against their Wills and what Insolency they committed and that must not be questioned when it is propounded When he comes into England their Lordships hear what Counsels he gives which compared with the Plots he laid there is reason to think that these words proceeding from my Lord of Strafford that men should be Fined and Ransomed Hanged up and laid by the Heels comes not out of suddain passion but rise from those Principles and Resolutions that were in him to do all things according to his Will and Pleasure against Law They beseech their Lordships these may not pass as hasty words when they appear to be suitable and conformable to Actions and Counsels preceding for many years and not yet laid down by him for ought can be discerned The singleness of the Testimony hath been often Objected and as often Answered but this is no single Testimony My Lord Treasure speaks of his Advice to go on vigorously with Ship-Money Others prove Fine and Ransome and Hanging up Threatened which have all concurred to the general Charge being several circumstances proved by several Witnesses But whereas my Lord thinks to excuse himself because there was a Judgement in the Exchequer-Chamber God be thanked it appears to be a Judgement against Law and my Lord of Strafford spake these words after the King offered to lay down the Ship-Money for it was after the Parliament But there was never any Judgement that a man might be hanged in such a case nor be Fined and Ransomed for not certifying in matter of Loan my Lord of Strafford knows as well as any man that it is against Law himself having had a great hand in the Petition of Right Mr. Glyn desired he might observe one thing that fell from my Lord of Strafford not at this time only but at several times That it is hard he should for words be questioned as High Treason being a word spoken and no ill effect of it their Lordships may be pleased to call to mind that for words spoken concerning Treading on his Toe he prosecuted so far as to life and yet they were spoken as accidentally as these and not of less consequence and nothing came of them and yet he procured a sentence of death against the Speaker but here he extenuates it and must not be charged with words And so the 25th Article was concluded THE Six and Twentieth Article The Charge 26. THat the said Earl by his wicked Counsels having brought His Majesty into excessive charge without any just cause he did in the month of July last for the support of the said great charges Counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coyn with the mixtures of Brass And accordingly he procured One hundred and 30000 l. which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London owners of the said Bullion and Money came to his House to let him under stand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such Moneys to serve their occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said
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
them that set their hands to the Petition did Vote against it He Answered That there were of them that set their hands to the Petition 10 who did vote the retraction of it and he named Sir Francis Worteley Sir Thomas Danby Sir George Wentworth of Wolley as he thinks and Sir Edward Rhodes Sir Edward Rhodes Interrogated Whether the Country did intrust my Lord of Strafford to deliver a Message to His Majesty declaring their consent to a Moneths pay c. He Answer'd That after long debate Whether the Petition should be presented or no it was by plurality of voices declined and waved and it was moved to my Lord that he should present the Requests of the Gentlemen then met or the plurality of them to His Majesty to this purpose That having demanded two Moneths pay the Gentlemen of the Country made that request to my Lord humbly to beseech His Majesty to accept of one Moneths pay which his Lordship did and His Majesty was graciously pleased to accept of it having formerly given them encouragement for the abatement of 4000 men of the Trained Bands after those Troubles were past and if any Gentleman suffered in that Service there should be no benefit taken of his Wardship and when my Lord presented the desire of the Gentlemen to His Majesty He was pleased in stead of taking of 4000 to promise to reduce the Trained-Bands to 6000. Being Asked what number of Gentlemen were in the Hall and Whether that was not the place appointed for the County to Consult about the business He Answered That he thinks that there was 300 at the least of the one and the other and for the place and time it was both the place and time and that was an Exception my Lord of Strafford took but he was not fairly dealt withal that in regard His Majesty gave direction that at such a time and such a place my Lord President by that name His Majesty was pleased to call him and the Gentlemen of the Countrey should consider the business my Lord thought much a Petition should be drawn without his Consent and that the business should be Concluded before the time and from the place of debate Being Asked How many dissented from this Court He Answered He thinks not above 20 if there were so many Being Asked Whether diverse that signed the Petition did not retract it and amongst the rest himself He Answered Diverse did retract it and himself gave his voice for the waving of it but he cannot say he retracted it for his hand was not to the Petition Being Asked Whether my Lord of Strafford had not Commission from the County to offer a full moneths pay of the Trained-Bands He Answered It was the desire of the Country That his Lordship would be pleased to entreat His Majesty to accept of a moneths pay being desired by the King Being Asked Whether they were not willing to pay it in that part of the Country where he lives He Answered That where he served as Deputy-Lieutenant he knows not of one man that Complained or shew'd unwillingness or any difference but only in the proportion between man and man Being Asked Whether my Lord of Strafford did not faithfully relate the Message to the King according to the Commission the Country gave him He Answered That he conceives he did it most faithfully and with great advantage to the Country Sir Tho. Danby being Interrogated to the matter of the Petition and the declining of it the Consenting of a Moneths pay the Cheerfulness in paying of it He Answered That the Petition was delivered That the Money was paid with a great deal of cheerfulness That they were content to come to a Moneths pay That he heard of no man that declared to deny it Being Asked on Mr. Maynards motion Whether any other direction was given for the Message besides the Petition the last clause excepted He Answered That one taken off my Lord was to deliver the Substance of the Petition Being Asked on Mr. Maynards motion Whether there were not two Trained-Soldiers hang'd up for Mutyning for want of Pay Mr. Maynard thence observing That if they had been well paid there had been no want of it He Answered That he cannot Answer to that without some prejudice to himself he being question'd for hanging men by Martial-Law Sir George Wentworth of Wolley being Interrogated Whether he was not present at the Hall where the Petition was spoke of and Whether a moneths pay was not consented to He Answered He was present and the Petition was declined by the Major number there was a great number in the Hall and my Lord delivered it accordingly to the King He was present when he presented all the grievances exprest in the Petition and left out only that part concerning the Parliament Being Asked Whether my Lord of Strafford had authority to acquaint the King There should be a Moneths pay He Answered Yes and the place of Debating was the Common-Hall and diverse that signed the former Petition did retract it and himself was one of them Being Asked Whether the Money was not paid willingly by every man without Force and Constraint He Answered That he was a Collonel and it was paid him very well The next thing my Lord of Strafford observed was concerning a Warrant alleadged to be given out by him for levying of a Fortnights pay to the Two Regiments of Sir William Pennyman and Sir Tho. Danby If in any thing in his Answer he be mistaken he had rather submit it than dispute it and if it please their Lordships to favour him so far he will as near as he can tell every thing that passed and he hopes diverse of their Lordships will remember a great part of it It is very true before this moneth was ended he is sure within it the King Licensed all the Trained-Bands to go home again save the two Regiments one for Richmondshire and the other for Cleaveland which by His Majesties express Command and Council of War were required one to remain at Yaram the other in Richmondshire to preserve them from those of the other side Sir William Pennyman and some others finding that by this means these Regiments continuing in pay fell to be grievous to that part of the Hundred Those two Hundreds or Weapontakes acquainted him the Earl of Strafford with it out of no particular end in the World but that with Equality and Justice in that common misfortune they might all bear the Common Burden Divers of their Lordships being there at Rippon he did humbly present to the King before the Great Council of my Lords at Yorke That he conceived if the whole-Charge of those two Regiments should lie on those two Hundreds it would impoverish and undoe them and therefore he conceived it Justice and Reason that the rest of the County should contribute towards the Charge the benefit being common to all or else they should successively relieve those
Lords I must tell you the First Articles exhibited are Grounds and Foundations whereupon the rest are gathered and to which they resort and apply themselves severally I do conceive my self in a manner by themselves clear of seven of these for they have in a manner relinquished Five of them So that the First Article is the main Article whereupon I must be touched and that is laid in the Charge thus That I have Trayterously endeavoured to subvert the Fundamental Lawes and Government of the Realmes of England and Ireland and have by Trayterous Words Councils and Actions declared the same and have advised His Majesty to Compel His Subjects to submit thereunto by force My Lords I must confess I have many times with my self considered with wonder at the Wisdom of our Ancestors that set the Pillars of this Monarchy with that singular Judgment and Providence that I have ever observed that so oft as either the Prerogative of the Crown or Liberty of the Subject Ecclesiastical or Temporal powers exceed those modest bounds set and appointed for them by the sobriety and moderation of former times the exercise of it over-turn'd to the Prejudice and to the Detriment of the Publick Weale all the Strings of this Government and Monarchy have been so perfectly tuned through the skill and attention of our Fore-Fathers that if you wind any of them any thing higher or let them lower you shall infallible interrupt the sweet accord that ought to be entertained of King and People With this Opinion I had the honour to sit many years in the Commons House and this Opinion I have carry'd along with me exactly and intirely for Fourteen years in the Kings Service ever Resolving in my heart Stare super vias antiquas to prove with equal care the Prerogative of the Crown and the Liberty of the Subject to Introduce the Laws of England into Ireland ever setting before my self a Joynt and Individual well-being of King and People for either they must be both or neither which made my Misfortune the greater to be now in my Gray Haires charged as an under-worker against that Government a Subverter of that Law I most affected and a Contriver against that Religion to the truth whereof I would Witness by the Sealing of it with my Blood My Lords As to the latter part concerning my Religion they have quitted me and I have nothing to answer to that because it is waved and I trust my Lords I shall clear my self in the first part concerning my being a Subverter of the Fundamental Laws that I shall stand clear to your Lordships Judgments in that Case My Lords This Subversion must be by words by Councils and by Actions in Ireland and in England My Lords I shall first give you an Accompt of the words wherewithall I am Charged forth of Ireland and the first words are in the third Article where I am Charged to have said That Ireland is a Conquered Nation and that the King may do with them as he pleaseth And to the City of Dublin That their Charters are nothing worth and bind the King no farther than he pleaseth These are the words Charged My Lords methinks it is very strange under favour that this can be made an Inducement to prove this Charge because I said That Ireland is a Conquer'd Nation therefore I endeavour to subvert the Fundamental Laws when I speak the Truth for certainly it is very true it was so My Lords under favour I remember very well there was as much said here at this Bar since we began and yet I dare well Swear and acquit him that spake it from intending to Subvert the Lawes For my Lords you were told and told truely That Ireland was a Conquered Nation and that it was Subordinate to England and God forbid that it should be otherwise and that they have received Lawes from the Conqueror My Lords the words testified by my Lord Gormonstone and Kilmalock to be spoken are not the words wherewith I am charged and so under favour I conceive cannot be brought to my prejudice as to this Tryal and they are words that are denied by me For my words concerning their Charters your Lordships remember very well I doubt not wherefore I said they were void For their misuse of them and that I told them so not with the intent to overthrow their Patents or Charters but to make them more conformable to those things that the State thought fit for encrease of Religion and Trade and encouraging and bringing English into that Town And that it was meant so and no otherwise Whatsoever was said it appeares by this their Charters were never touched nor infringed nor medled withal by me during the time I was in that Kingdom so that words so spoken and to such a purpose that they should go to prove such a Conclusion I conceive there is great difference betwixt those Premises and that Conclusion The next Charge for words in Ireland is in the Fourth Article where I am Charged to have said That I would neither have Law nor Lawyers Dispute or Question my Orders and that I would make the Earl of Cork and all Ireland know that as long as I had the Government there any Act of State should be as binding to the Subjects of that Kingdom as an Act of Parliament My Lords I humbly beseech your Lordships to give me leave to say for my self that these words of the Charge are onely Sworn by my Lord of Corke and no man else and his Lordship appeared a little mistaken the other day in one point on the Reading of an Order of the Council-Board for so it appears as I conceive so that for one single Witness and he the Party Aggrieved by these words to be the Man that must convince me I conceive your Lordships will not think that to stand with the ordinary Rules of proceeding For the rest to say Acts of State in Ireland should be Binding so long as they are not contrary to Law I confess I then conceived it had been no Offence for I thought them to be as binding being not contrary to Law but the Elder we grow the wiser we may grow if God give us the Grace and Attentions and so I trust I shall by these Gentlemen that have taught me to forbear those kind of Speeches hereafter My Lords These are all the Words charged against me for Ireland saving onely some things that I shall come to anon that is Charged upon me in one of the latter Articles concerning Scotland I say my Lords these are all the Words that have slipped from me in Seven years time having been well watched and observed as your Lordships may perswade your selves I have been But in Seven years time I say these are all the words brought to my Charge and in truth I conceive a wiser Man than my self might be forgiven for one Error or slip of his Tongue of that Nature in a years time seeing it is in
which in this case is always to be admitted among persons of Honor and persons of Trust and therefore admitting it not any other way it was just and lawful and commendable in Mr. Treasurer and me for I vow to your Lordships we both said it and he as fully as I. But my Lords all these come very far short to prove the words of the Charge and this under favour is all the proof as I have taken that I should say these words before the Parliament The next words I am charged withal are in the 23 Article and those my Lords are that having tryed the affections of his people His Majesty was loose and absolved from all Rules of Goverment and was to do every thing that Power would admit and that His Majesty had tryed all wayes and was refused and should be acquitted both of God and man For the latter part that concerns the reducing of this Kingdom by the Irish Army I have answered already and therefore shall not need to repeat it My Lords mine Answer under favour to those words with your Lordships Noble permission must be thus That they are no way proved in the most material part of them by any Testimony that hath been offered I shall as near as I can repeat the proofs that were offered on this point for these Articles were brought in four or five together but I shall apply the proofs severally and distinctly The Testimony first given was the Testimony of the Lord of Bristol wherein his Lordship says That in a discourse there was difference betwixt his Lordship and me in some Tenents of ours To which I answered the other day that in discourse we speak not always the things we think but many times to gain from other mens arguments to strengthen me in my opinion I will seem to be of the contrary This is ordinary and familiar in all conversation and very honest and just so that albeit we seem to differ as we held it severally yet if the pulse of our hearts had been touched close both his and mine perhaps we should have found it one and the same Besides his Lordship said I disliked not the discourse we speaking of another Parliament only I said it was not convenient at that time and that the present dangers would not admit a remedy of so long consideration and that the King must provide for the Common-wealth Et salus populi suprema lex And truly my Lords I think that it is very hard any man should upon such a discourse have his words turned upon him and made use of to condemn him for High Treason My Lords I know you are so just that you would judge me as you would be judged your selves and whether any man that hears me would be content to have every word that falls in discourse betwixt man and man to be so severely interpreted I leave to every mans Breast what he finds in the closet of his own Heart and desire to be judged according to that My Lord went further and says I should say that the King was not to be mastered by the frowardness or disaffection of some particular men and conceives it be meant of the Parliament My Lords I say under favour these words are not within the Charge and therefore I am not to be accountable for them besides it is a single Testimony and by the proviso of that Statute cannot be made use of to the end and purpose for which they bring them My Lords the next Testimony offered for proving this Charge is the Testimony of my Lord of Newburgh and he sayes That at the Council-Board or in the Gallery I did say that seeing the Parliament had not supplied the King His Majesty might take other courses for the defence of the Kingdom Truly my Lords under favour who doubts but he might for my part I see not where the offence is for another man to have said thus for if another man will not help me may not I therefore help my self under favour I conceive there is no great weight nor crime in these words but in these likewise he stands a single Testimony there is no man that joyns with him in it and there is this in the whole Cause concerning the words that I think there is not any one thing wherein two concurr The next Testimony is that of the Earl of Holland and he sayes That at the Council-Board I said The Parliament having denyed the King he had advantage to supply himself other ways Truly my Lords I say still other wayes being lawful wayes and just wayes and such wayes as the goodness of the King can only walk in and in no other can he walk And therefore I conceive they be far from bringing it to so high a guilt as Treason and this likewise his Lordship expresses as the rest do singly on his own word as he conceives them and not on the particular word of any other person which is I say the case of every one that speaks in the business and therefore there being so great a difference in the Report and Conceiving of things it is very hard my words should be taken to my destruction when no Man agrees what they were My Lord of Northumberland is the next and he sayes I should say at a Committee for the Scotish affairs That in case of necessity and for defence and safety of the Kingdom every thing must be done for the preservation of the King and his People And this is the Testimony of my Lord in that point if I take any thing short it is against my Will I give you my Notes as far as I have them and further I cannot remember them But my Lords I say this brings it to that which is indeed the great part of my Defence in this case There is another agreed in this too and it is Mr Treasurer who sayes that in Argument for Offensive or Defensive War I should say That having tried all ways and being refused the King might in extream necessity provide for the safety of himself and his People I say this brings it to that which is principally for my Defence that must qualify if not absolutely free me from any blame and that is that which did proceed and follow after My Lords under favour I have heard some discourse of great weight and of great Authority and that is certain the Arguments that were used in the case of Ship-Money by those that Argued against the King in that Case say as much and will undertake if any man read those Arguments he shall find as much said there as I said at Council-Board for there you shall hear that there be certain Times and Seasons when Propriety ceases as in the case of Burning where a Man pulls down the next House to preserve the whole street from being set on fire In the case of building Forts on any mans Land where it is for the publique defence of the Kingdom in both these Cases Propriety
very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this Prisoner having committed so many Treasons although he should pay all these Forfeitures will be still a Debtor to the Common-wealth nothing can be more equal then that he should perish by the Justice of that Law which he would have Subverted neither will this be a new way of Blood There are Marks enough to trace this Law to the very Original of this Kingdom and if it hath not been put in Execution as he alleadgeth this 240 years it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no whit less liable to punishment because he is the onely Man that in so long a time hath ventured upon such a Treason as this It belongs to the Charge of another to make it appear to your Lordships that the Crimes and Offences proved against the Earl of Strafford are High-Treason by the Lawes and Statutes of this Realme whose Learning and other Abilities are much better for that Service But for the time and manner of performing this we are to resort to the Direction of the House of Commons having in this which is already done dispatched all those Instructions which we have received and concerning further Proceedings for clearing all Questions and Objections in Law your Lordships will hear from the House of Commons in Convenient time THE ARGUMENT Of Mr. LANE The PRINCE'S ATTORNY-GENERAL On the Behalf of the Earl of STRAFFORD In Point of Law MY Lords I shall not at all touch the Matter of Law further than to clear your Judgments of one Statute only viz. 25 E. 3. because when the same was Alleadged by the Lord Strafford in his own Defence that not being Convict of the Letter thereof he could not be Convict of Treason Remember the Salvo of the Statute was much insisted upon by those from the House of Commons as much Conducing to their Ends. My Lords I will first speak of the Statute it self and then of it's Salvo or Provision The Statute is That if any Man shall Intend the Death of the King His Queen their Children kill the Chancellor or Judge upon the Bench Imbase the Kings Coyn or Counterfeit the Broad-Seal c. he shall be Convict and Punisht as a Traytor That the Lord Strafford comes not within the Letter of this Statute is not so much as once alleadged nor indeed it cannot be with any Reason All that can be said is That by Relation or by Argument a Minore ad Majus he may be drawn into it yet that this cannot be I humbly offer these Considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a Contradiction to themselves and be no more Declarative Laws but Lawes of Construction or Constitutive Secondly This is a Penal Law and such if our Grounds hitherto unquestion'd hold good can admit of no Constructions or Inferences for Penalties are to perswade the Keeping of Known Lawes not of Lawes Conjectural Ambiguous and by Consequence which perhaps the most Learned may not in their Disputes question much less the Subject who is not obliged to Interpret the Statute doubt of in the point of Obedience yea rather without any doubt he is rather to obey the Letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a Notable Law 13 Eliz. cap. 2. whereby it is declared That the Bringing in of Bulls from Rome to stir up the Subject to Mutiny and Rebellion shall be punished as Treason Now if by Interpretation or by Consequence this Sence might have been thrust upon the Preceding Statutes the making of this had been superfluous yea the Persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Anno 21 Edw. 3. We have a Statute declaring That for a Servant to Kill his Master is an Act of Treason and in the 23 th year of the same King a Process of Treason was framed against a Man for Killing his Father grounded upon the same Argument a Minore ad Majus But it was found and the Sentence is yet in Records that although in the 21 th year of Edward the Third that Argument might have been admitted yet in the 27 th it could not by Reason of the Declarative Law Intervening in the 25 th year and this Case comes very home to the Point in Law My Lords I will not demand What kind of Offence it may be for a Man to Subvert the Fundamental Laws of the Kingdom the Crime doubtless is Unnatural and Monstrous and the Punishment must keep the same Proportion only I Presume to Offer these few things to your Lordships Consideration 1. That one or more Acts of Injustice whether Malitiously or Ignorantly done can in no sence of Law be called The Subversion of the Fundamental Laws if so as many Judges perhaps so many Traytors 't is very Incident to Mans Nature to erre nor doth the Lord Strafford plead his Innocency in Oversights but in Treason 2. I do Remember the Case of Iohn de la Pole Duke of Suffolk this Man in the 28 th of Henry the Sixth was Charged by the House of Commons with Articles of Treason and those too very like to these against my Lord Strafford I. That he had given the King bad Advices II. That he had Embased His Coyn. III. That he had Sessed Men of War IV. That he had given out Summary Decrees V. That he had Imposed Taxes VI. That he had Corrupted the Fountain of Justice VII That he had perswaded the King to Unnecessary War and the giving over of Anjou in France And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after a long agitation the Matter was found by the Lords of the Parliament not to Imply Treason but only Felony Add to this another who in the 23 d of Henry the Eighth was Charged for subverting the English Laws and yet no Treason charg'd upon him Add to both the Charge of Richard Larkes Pleaded at the Common-Pleas who was Charged with Treason for Subverting the Law but Convicted onely of Felony By which you may see my Lords what to this time hath been Subverting the Lawes 3. It is very considerable That the Lord Strafford is not charged to have Subverted but onely to have Intended to Subvert the Fundamental Lawes and this I conceive if there were no more might keep him free from that Statute the 25 th of Edward the Third For although as touching the
him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against Him to the death and destruction of the King The Cases that I shall cite prove not onely that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against Iohn Awater of High Treason in the Forme before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High Treason My Lords This Indictment was Returned into the Kings Bench in Trinity-Terme in the Eighteenth year of Edward the Fourth and in Easter-Terme the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seemes the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the Love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings Bench in Trinity-Terme in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against Him to cause Risings against Him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words onely words by private persons and in a more private manner but once spoken and no more onely amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not onely to disaffect the people to the King but the King likewise towards the People not once but often not in Private but in places most Publick not by a Private Person but by a Counsellor ofState a Lord Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the Necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coales they were cast upon His Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loynes of the Law as they shall find My Lords Who speaks this to the people a Privy-Counsellor this must be either to traduce His Majesty to the people as spoken from Him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to His Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of His Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what He would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suites might be determined according to Law and not by himself at his Will and Pleasure upon Paper Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed
the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and entirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against Iohn Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edward the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edward the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgement here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl Marshal in the Parliament of the Three and thirtieth of Edward the 1. where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3. his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question Until the 29th year of Edward the 3. erroneous Judgements given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edw. the 3. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgements after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th No. 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edw. the 3. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Iersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edw. 1. there be Placita de Insula Iersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is
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
himself The Eighth Article contains several charges as that of my Lord Chancellor How he imprisoned him upon a Iudgement before himself and the Council how he inforced the Seal from him when he had no authority nay though it were excepted by his Patent that he should no way dispose of it but he looked not to Authority further than might make way to his Will Another concerns the prime Earl of that Kingdom my Lord of Kildare whom he imprisoned and kept close prisoner contrary to the Kings express command for his deliverance and in his answer my Lord acknowledges it but sayes That that command was obtained from the King upon a mis-information These things I would not have mentioned if he had passed them over but since he gives them in give me leave to mention and say we had a ground to put them into Charge and could have proved them if there had been need punctually and expresly and I believe little to my Lords advantage But your Lordships I think do remember my Lady Hibbots Case where the Lady Hibbots contracts with Thomas Hibbots for his Inheritance for 2500 l. executes the Contract by a Deed and Fine levied deposits part of the Money and when a Petition was exhibited to the Lord Deputy and Council for the very Estate your Lordships remember how this came in judgment before my Lord Deputy there was but a Petition delivered there was an answer made and all the suggestions of the Petition denied yet my Lord spake to Hibbots himself that was willing to accept the Money not to decline the way that he was in by Petition Five hundred pound more will do him no hurt to carry into England with him and yet without examination of a Witness a Decree was made to deprive this Lady of her Estate and the purchasing of this Land by my Lord of Strafford was proved by two Witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in Trust for my Lord of Strafford and that it proved according to my Lord of Straffords Prophecy for the man had five hundred pounds gain above the Contract with my Lady Hibbots But after the Lands were sold for Seven thousand pounds so that the Lady Hibbots offence was her making of a bargain whereby to gain Five hundred pounds but there was no offence in my Lord to make a bargain for Three thousand pounds and to gain Four thousand pounds presently this you see proved by Hibbots the party and by Mr. Hoy the Son of the Lady Hibbots So that here is a determination of a Cause before the Council-Table touching Land which was neither Plantation nor Church-Land without colour of the Instructions contrary to Law to Statute to Practice and if this be not an exercising of an unlawful jurisdiction over the Land and Estates of the Subject I know not what is In his answer to this case he did open it yet whether he mistook or no I know not that he had a Letter from the King but he produces none in evidence and that is another mis-recital I am sorry he should mis-recite and fix it upon the Person of His Sovereign in a case of this nature Now he falls more immediately upon the liberty of the Subject and that is by the Warrant mentioned in the Ninth Article to be issued to the Bishop of Down and Conner whereby he gives power to him and his Officers to apprehend any of the Kings Subjects that appeared not upon Process out of his Ecclesiastical Courts expresly contrary to Law and your Lordships have heard how miserably the Kings Subjects were used by this Warrant as hath been proved by a Gentleman of Quality Sir Iames Mountgomery And howsoever he pretends it was called in it was three whole years in execution before it was called in and though he pretends his Predecessors did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he says that Bishop Mountgomery did tell him there was such a Warrant and one Witness more speaks of one Warrant and that is all the Witnesses produced and that but to be a Copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universal and spread over the face of that Kingdom that was under his jurisdiction and that is in the tenth Article which concerns the Customs where he doth impose upon the Kings Subjects a Rate and Tax against Law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himself of a jurisdiction above the Law My Lords in his answer he pretends that this is rather a matter of fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to His Majesty so it is likewise an exercise of a Tyrannical Jurisdiction over his Subjects That it is a fraud to His Majesty it plainly appears for the King lost exceedingly by it whereas before the Rent afforded the King was 11050. l. there was improved by the new Lease that my Lord of Strafford took but 1350 l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new Lease the Impost of Wine for which the King before that time received 1400 l. a year and likewise the Custom of London-derry Colerane and Knockfergus for which the King had reserved 1700 l. a year besides the moity of the seizures so here is 5000 l. that the King lost of the old Rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one year he and his sharers received 39000 l. and in the last year 51000 l. and that expresly proved upon two accounts and if this be his dealing where is his service to the King in his pretence to advance the Customs It is true he says The King hath five eighth parts but it was but within these two years the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000 l. if he had received it I believe we should have heard of it My Lords There is something more here is a new imposition on the Kings people without Law and yet I will do my Lord of Strafford no injury but I tell you how the proof stands It was a Book of Rates framed before he came to the farm for the Book of Rates was in March and the Date of his Assignment was in April following and therefore my Lord saith It could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heels of another and I beseech you observe cui bono the Book of
our Religion our King our Laws our Liberties all that can be near and dear unto an honest Soul in one universal and general desolation to defeat I say the Counsels of such Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to be specially intrusted with the preservation of the whole and in their Conscience perswaded that the dangers are so eminent as they will admit of no delay have thought fit to declare their united affections by entring into an Association amongst themselves by making a Solemn Protestation and Vow unto their God that they will unanimously endeavour to oppose and prevent the Counsels and Counsellors which have brought upon us all these Miseries and the Fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves the better before God and Man Here the Protestation was read unto the Lords together with the Grounds and Reasons which induced the House of Commons to make it which are prefixed before it by way of Preamble The Kings Speech on Saturday last to both Houses being publiquely known in the City rumours were spread abroad concerning desperate Plots and Designs against the Parliament which occasioned multitudes of people to resort the Monday following being May 3. to both Houses of Parliament in such a Confluence as hath not been usual they tendred Petitions to both Houses crying Iustice Iustice against the Earl of Strafford and when the Houses arose they departed Tuesday the 4th of May the Lords desired a Conference with the Commons which was managed by the Lord Privy Seal who spake to this effect That the occasion of the Conference was so visible that he should not need to say more of it the multitudes without bespake the business and matter of it That which he had to say was by Command from the King to the Peers to be communicated to both Houses of Parliament That His Majesty takes notice that the People do assemble in such unusual numbers that the Council and Peace of the Kingdom may be thereby interrupted and therefore as a King that loveth Peace and taketh care that all proceedings in Parliament may be free and in a peaceable manner he desires that these Interruptions may be removed and wisheth both Houses to devise a course how the same may be done At the same time the Lord Privy Seal communicated to the Commons a Petition which the Lords had the day before received from the multitude of people that flock'd together in the Palace-yard which was to this effect THat whereas your Petitioners did yesterday petition for the redress of many Grievances and for the execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on foot to which your Lordships have this day given Answer that you have the same under present consideration Your Petitioners do render humble thanks But forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of Men not of the Hamblets as usually they were wont to do but consisting of other persons under the Command of a Captain a great Confident of the Earl of Straffords which doth increase their fears of the suddain destruction of King and Kingdom wherein your Lordships and Posterity are deeply interessed and this is done to make a way for the escape of the Earl of Strafford the grand Incendiary They humbly pray that instant course may be taken for the discovery thereof and that speedy execution of Justice be done upon the Earl of Strafford Whereupon the Lords sent six Peers of their House to the Tower to understand what truth there was in this Information and to demand of the Lieutenant who chose those men to be lodged in the Tower whether he was privy to it himself and what Order he had to receive them and what Captain was to Command them To the two first he said he was wholly ignorant and for the Third he said he had His Majesties Command to receive One hundred men into the Tower and Captain Billingsly to Command them and to receive only such men as he should bring unto him but now understanding their Lordships Order he did promise that no other Guard should come into the Tower unless it were the Hamblet-men The Lords did further declare at the Conference that they were drawing to a conclusion of the Bill of Attainder of the Earl of Strafford but were so encompassed with multitudes of People that their Lordships might be conceived not to be free unless they were sent home whose flocking hither was the only hindrance to the dispatching of that Bill and therefore desired the Commons to joyn with their Lordships to find out some way how this Concourse about both Houses might be avoided And then they debated the Protestation and passed it and took the same After that the Commons returned to the House Doctor Burgess was desired to acquaint the Multitude with the Protestation which both Houses had taken which being read by him and also made known unto them that the Parliament desired that they would return home to their houses they forthwith departed The said Protestation was afterward tendred to the whole Kingdom with this intimation that whosoever refused to take it should be noted as disaffected to the Parliament The Commons forthwith ordered the bringing in of a Bill for the continuance of this present Parliament that it might not be Dissolved without the consent of both Houses which was read the First and Second time and committed That day the Earl of Strafford writ this ensuing Letter to His Majesty May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to
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
correspondency with and bringing in of Signior Georgio Parsons the Oratorian Priest by whose direction this Priest being at Paris left wearing of Priests Cloaths and went in the Habit of a Gentleman and because he had a shaven Crown therefore he wore a Periwig and Father Philips directed all those that sent to write to him as to an Italian Gentleman desirous to see these Kingdoms and by Father Philips's direction he afterwards came hither who did here contrive for the space of two years practising great and dangerous Innovations from place to place and then having dispatched his business returns to Rome with great Presents from the Catholicks of the greater sort XII Whereas it hath pleased God to bless us with a hopeful Prince to the comfort of our King and Kingdom yet the said Father Philips hath attempted to traduce his tender years to Popery but God hath prevented him of his purpose and let us pray to God to preserve that Royal Race from Popery and the whole Land from all Innovations that Our Gracious King may rule Gloriously and the whole Land live in peace to the Honor of God and Comfort of us all Amen Resolved That Mr. Henry Peircy in the Months of March and April last in the Parish of St. Martins in the County of Middlesex did compass Plot and Conspire with others to draw the Army together and imploy the same against the Parliament and by force and dread thereof to compel the Parliament to agree to certain Propositions by them contrived and to hinder and interrupt the Proceedings of the Parliament The like Resolution in the same words concerning Mr. Iermin Sir Iohn Suckling c. Resolved That in pursuance of the said Design the said Henry Peircy by the Plot and Combination aforesaid did endeavour to perswade divers Members of the House of Commons of the said Parliament and others being Officers of the said Army that is to say Wilmot Ashburnham Berkley Pollard and Daniel O-Neal that they were disobliged by the Parliament thereby to incense them and to affect them against the Parliament and did hold divers consultations with the said parties to effect the said wicked and dangerous Design and to that purpose did set down in Writing certain Propositions to the effect as followeth viz. The preserving of Bishops in their Functions and Votes The not Disbanding of the Irish Army until the Scots were Disbanded And the endeavouring to settle the Kings Revenue to the proportion it was formerly Resolved That the said Henry Peircy did in pursuance of the Plot and Combination aforesaid and for the more secret carriage thereof administer to the said parties a wicked and unlawful Oath whereby they did swear upon the Holy Evangelists not to reveal any thing that was spoken concernig the business that was in Consultation directly or indirectly nor to think themselves absolved by any other Oath that should be after taken by them from the Secresie enjoyned by the said Oath Resolved That the said Henry Peircy at the time of the said Oath was taken and at divers other times did propound and endeavour to perswade the persons before-named and other Officers of the said Army to put the said Army into a Warlike posture and to bring them up to London and likewise to make themselves sure of the Tower and so by force to compel the Parliament to conform to their Will and he with Suckling c. did endeavour to work a belief in the said Army that the King and Parliament would disagree and so to persuade them to adhere to His Majesty against the Parliament and said that all the French about the City of London would assist them and to the great scandal of the King That the Prince and the Earl of Newcastle were to meet the Army at Nottingham with a Thousand Horse and that Suckling to encompass the Design of gaining the Tower did contrive that 100 Men under Capt. Billing sley should be designed for that purpose when the opportunity was offered To the end the City of London should not be able to make any resistance when the said Army should come up according to the forementioned Design and Suckling by the means and Plot aforesaid did thereby endeavour that the Earl of Strafford then Prisoner in the Tower might the better incompass his escape That Berkley and O-Neal being questioned did flye for the same Resolved That upon the whole matter Mr. Pierce shall be charged with High Treason the like for Iermin and Suckling That 3000 l. of the Pole-money be paid to Col. Goring for the use of the Garrison of Portsmouth Resolved That Col. Goring in his Depositions concerning this Discovery hath done nothing contrary to Justice and Honour but hath therein deserved very well of the Commons of this House Friday the 7th of May the Lords passed the Bill of Attainder as also the Bill for the Continuance of this present Parliament Saturday the 8th of May Mr. Hotham was sent with a Message to the House of Lords to desire their Lordships to joyn with them to move His Majesty for his Consent to the Bill of Attainder in regard the peace of the Ringdom doth so much depend upon the execution of that Bill which had passed both Houses and accordingly a certain number of the House of Peers were sent unto His Majesty to acquaint him therewith and also with the Bill for the Continuance of this present Parliament The House being informed That Ships were ready to be put to Sea but that Mariners could not be got It was the same day Resolved That a Bill should be drawn to enable the Pressing of Mariners for a certain time the House being very tender of bringing the way of Pressing into example by a Law Sunday the 9th of May the King called His Privy Council together at Whitehall and propounded several scruples unto them concerning that Bill some of the Judges and Bishops were present also to whom His Majesty imparted his doubts and had their opinions therein In Fine His Majesty gave Order for a Commission to impower the Earl of Arundel the Lord Privy Seal and two other Lords to give his Assent to the Bill for the Execution of the Earl of Strafford upon Wednesday following as also to the other Bill for the continuance of this present Parliament Monday the 10th of May the Commission passed the Great Seal accordingly and the Commons were sent for to the House of Lords to be present at the giving the Royal Assent to both those Bills The same day His Majesty sent a Message to both Houses that the Irish Army should be instantly disbanded and that he would that night dispatch an Express for the expediting thereof It was hereupon moved That Mr. Treasurer be desired by the House of Commons to return their Humble thanks to His Majesty and to assure him that they would make him as Glorious a Potentate and as rich a Prince as any of His Predecessors His
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
hope shortly to be gathered to enjoy Eternal Happiness which shall never have an end I desire heartily to be forgiven of every Man if any rash or unadvised Words or Deeds have passed from me and desire all your Prayers and so my Lord farewel and farewel all things in this world The Lord strengthen my Faith and give me Confidence and Assurance in the Merits of Christ Jesus I trust in God we shall all meet to live Eternally in Heaven and receive the accomplishment of all Happiness where every Tear shall be wiped from our Eyes and sad thoughts from our Hearts And so God bless this Kingdom and Jesus have Mercy on my Soul Then turning himself about he saluted all the Noblemen and took a solemn leave of all considerable persons on the Scaffold giving them his Hand And after that he said Gentlemen I would say my Prayers and I intreat you all to pray with me and for me Then his Chaplain laid the Book of Common Prayer upon the Chair before him as he kneeled down on which he prayed almost a quarter of an hour then he prayed as long or longer without a Book and ended with the Lords Prayer then standing up he spyed his Brother Sir George Wentworth and call'd him to him and said Brother We must part remember me to my Sister and to my Wife and carry my blessing to my eldest Son and charge him from me that he fear God and continue an obedient Son of the Church of England and that he approve himself a faithful Subject to the King and tell him that he should not have any private Grudge or Revenge towards any concerning me and bid him beware to meddle not with Church Livings for that will prove a Moth and Canker to him in his Estate and wish him to content himself to be a Servant to his Countrey as a Justice of Peace in his County not aiming at higher preferments Carry my Blessing also to my Daughter Ann and Arrabella charge them to fear and serve God and he will bless them not forgetting my little Infant that knows neither good nor evil and cannot speak for it self God speak for it and bless it Then said he I have nigh done One stroak will make my Wife Husbandless my dear Children Fatherless and my poor Servants Masterless and seperate me from my dear Brother and all my Friends but let God be to you and them all in all After that going to take off his Doublet and to make himself unready he said I thank God I am no more afraid of Death nor daunted with any discouragements arising from any fears but do as chearfully put off my Doublet at this time as ever I did when I went to Bed Then he put off his Doublet and wound up his Hair with his Hands and put on a white Cap. Then he called Where is the man that should do this last Office meaning the Executioner call him to me When he came and ask'd him forgiveness he told him he forgave him and all the World then kneeling down by the Block he went to Prayer again himself the Bishop of Armagh kneeling on the one side and the Minister on the other to the which Minister after Prayer he turned himself and spoke some few words softly having his Hands lifted up the Minister closed his Hands with his then bowing himself to the Earth to lay down his Head on the Block he told the Executioner that he would first lay down his Head to try the fitness of the Block and take it up again before he laid it down for good and all and so he did and before he laid it down again he told the Executioner That he would give him warning when to strike by streatching forth his Hands and then laid down his Neck on the Block stretching out his Hands the Executioner struck off his Head at one blow then took the Head up in his Hand and shewed it to all the People and said God save the King A Copy of the Paper containing the Heads of the Lord Straffords last Speech written by his own Hand as it was left upon the Scaffold 1. I Come to pay the last debt we ow to Sin 2. Rise to Righteousness 3. Dye willingly 4. Forgive all 5. Submit to what is voted Iustice but my intentions innocent from Subverting c. 6. Wishing nothing more than great Prosperity to King and People 7. Acquit the King constrained 8. Beseech to Repent 9. Strange way to write the beginning of Reformation and Settlement of a Kingdom in Blood on themselves 10. Beseech that Demand may rest there 11. Call not Blood on themselves 12. Dye in the Faith of the Church 13. Pray for it and desire their Prayers with me GIve me leave here to add two pretty passages more The first is when My L. of Strafford the night before the day of Execution had sent for the Lieutenant of the Tower and asked him Whether it were possible he might speak with the Archbishop The Lieutenant told him he might not do it without Orders from the Parliament Master Lieutenant said he you shall hear what passeth betwixt us it is not a time either for him to plot Heresie or me to plot Treason The Lieutenant answered that he was limited and therefore desired his Lordship that he would petition the Parliament for that favour No said he I have gotten my dispatch from them and will trouble them no more I am now petitioning an Higher Court where neither Partiality can be expected nor Error feared But my Lord said he turning to the Primate of Ireland then present what I should have spoken to my Lords Grace of Canterbury is this You shall desire the Archbishop to lend me His Prayers this night and to give me his Blessing when I go abroad to morrow and to be in his Window that by my last farewel I may give him thanks for this and all other his former Favours My Lord Primate having delivered the Message without delay the Archbishop replyed That in Conscience he was bound for the First and in Duty and Obligation to the Second but he feared his Weakness and Passion would not lend him Eyes to behold his last departure The next morning at his coming forth he drew near to the Archbishops Lodgings and said to the Lieutenant Though I do not see the Archbishop give me leave I pray you to doe my last observance towards his Rooms In the mean time the Archbishop advertised of his approach came out to the Window then the Earl bowing himself to the ground My Lord said he Your Prayers and your Blessing the Arch-Bishop lift up his Hands and bestowed both but overcome with Grief fell to the ground in Animi diliquio the Earl proceeding a little further bowed the Second time saying Farewel my Lord God protect your Innocency The next is When he was marching to the Scaffold more like a General at the Head of an Army as many of the spectators then said
have said he freely concluded our Libertys we have offered Five Subsidys His Majesty hath given us Gracious Answers and nothing is done that the King can take notice of c. Hereupon Sir Tho. Wentworth proposed a middle way viz. That when we set down the time be sure the Subjects Libertys go hand in hand together with the Kings Supply then to resolve of the time but not to report it to the House till we have a ground and a Bill for our Liberties This is the way to come off fairly and prevent jealousies Hereupon the Committee of the whole House Resolved That Grievances and Supply goe hand in hand May 1. 4 Car. MR. Secretary Cook delivered a Message from His Majesty viz. To know whether the House would relye on His Royal Word or no Declared to them by the Lord Keeper which if they do the King assured them it should be Royally performed Sir Robert Phillips of Somersetshire spake upon this occasion and said That if the words of Kings strike impressions in the Hearts of Subjects to speak in a plain Language said he We are now come to the end of our journey and the well disposing of an Answer to this Message will give Happiness or Misery to this Kingdom Let us set the Common-wealth of England before the Eyes of His Majesty that we may justify to the world that we have demeaned our selves as dutiful Subjects to His Majesty Hereupon Sir Thomas Wentworth stood up and concluded the Debate saying That never House of Parliament trusted more in the goodness of their King for their own private than the present but we are ambitious that His Majestys goodness may remain to Posterity and we are accountable to publique Trust and therefore seeing there hath been a publique violation of the Laws by His Ministers nothing will satisfy him but a publique Mends and to our desire vindicate the Subjects Rights by Bill is no more than is laid down in former Laws with some modest provision for Restriction Performance and Execution and this so well agreed with the sense of the House that they made it the subject of a Message to be delivered by the Speaker to His Majesty Whilst the Lords afterwards were in Debate of the Petition of Right they were pleased at a Conference to propose to the Commons this following addition to the Petition of Right viz. 1. We present this our Humble Petition to Your Majesty with the care not only of preserving our own Liberties but with due regard to leave intire the Sovereign Power wherewith Your Majesty is trusted for the Protection Safety and Happiness of the People Upon this Sir Edward Cook spake saving This is Magnum in Parvo This is propounded to be a conclusion of our Petition it is a matter of great weight and to speak plainly it will overthrow all our Petition it trenches on all parts of it Look into the Petition of former times they never Petitioned wherein there was a saving of the Kings Sovereignty I know the Prerogative is part of the Law but Sovereign Power is no Parliamentary word c. Sir Thomas Wentworth spake next and said IF we do admit of this Addition we shall leave the Subjects worse than we found them and we shall have little thanks for our labour when we come home let us leave all Power to His Majesty to punish Malefactors but these Laws are not acquainted with Sovereign Power we desire no new thing nor do we offer to trench upon His Majestys Prerogative we may not recede from this Petition neither in part or in whole To add a saving is not safe doubtful words may beget an ill construction and the words are not only doubtful words but words unknown to us and never asked in one Act or Petition before 2. Now he began to be more generally taken notice of by all men and his Fame to spread abroad where publique Affairs and the Criticismes of the times were discoursed by the most refined Judgments those who were infected with popularity flattering themselves that he was inclined to support their inclination and would prove a Champion upon that account but such discourse as it endeared him to his Countrey so it begot to him an interest in the bosom of his Prince who having a discerning Judgment of Men quickly made his observation of Wentworth that he was a person framed for great affairs and fit to be near His Royal Person and Councils About this time in the heat of so general a report of him Sir Richard Weston then Lord High Treasurer after Earl of Portland a person also eminent for his acute and clear parts coveted acquaintance with this Gentleman and there not being wanting discreet Agents to accomplish what my Lord Treasurer desired it was soon effected After the first view a familiarity was begotten and next a deep friendship It happened that in some Conferences they touched upon the popular Humor as they termed it then appearing in the House of Commons and the present ways they were in as tending to no good he proposed the most rational and plausible mediations that could be for the present juncture of affairs in somuch that his judgment in things was much valued and followed In some time after he was made Baron Wentworth and had so gained His Majesties opinion that he was also created Viscount Wentworth of Wentworth-Woodhouse made one of His Majestys Privy Council Lord-Lieutenant of the County of York and Lord-President of the North In this Trust he Governed himself with such skill especially in those high contested points then in consultation that he pleased his Prince and improved His Majesties Revenue His frequent appearance at the Council-Board quickly gave occasion to that Great Prelate Archbishop Laud then Bishop of London and himself to discern one anothers parts begetting a right understanding betwixt them which grew into so inviolable a friendship that nothing but the inevitable stroke of death could separate them who whilst they lived constantly united their great Hearts and Understandings for the advancing the Church and the service of their Prince The Cedar was still growing though perhaps to the dislike of some Emulators yet to the general satisfaction of all such as had ability enough to judge of his Parts His next advance was to be Lord-Deputy and Chief Governor of Ireland The affairs of that Realm being in much disorder by the temper of the Popish party there who did not with moderation make use of the Kings Clemency to them in relaxation of the rigor of some penal Statutes He began with the Church in the Reformation of his Kingdom and first procured of the King by the joynt mediation of the Archbishop That all the Impropriations then in the Crown would be restored to the Church in that Nation though to some diminution of the Royal Revenue and advanced Learned men whose Judgments were for Episcopacy He raised in Ireland Eight Regiments for the Kings service each consisting of 1000 men in Ten
yet by his Speeches full of Oaths and Asseverations that we were Traitors and Rebels casting off all Monarchical Government c. He extorted from them four new Subsidies indicta causa before we were heard procured that a War was undertaken and Forces should be levied against us as a rebellious Nation which was also intended to be an example and precedent to the Parliament of England for granting Subsidies and sending a joynt Army for our utter ruine According to his appointment in Parliament the Army was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion Liberties and Laws and thereby laying upon us a necessity of vast charges to keep Forces on foot on the West Coast to wait upon his coming And as the War was denounced and Forces levied before we were heard So before the denouncing of the War our Ships and Goods on the Irish coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts by which they did take some and burn others of our Barques Having thus incited the Kingdom of Ireland and put his Forces in order there against us with all hast he cometh to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I return to that Honourable Sword I shall leave of the Scots neither root nor branch How soon he cometh to Court as before he had done very evil Office against our Commissioners clearing our proceedings before the point So now he useth all means to stir up the King and Parliament against us and to move them to a present War according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designs succeeded not that way in his nimbleness he taketh another course that the Parliament of England may be broken up and despising their Wisdom and Authority not only with great gladness accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as General Captain with power to invade kill slay and save at his discretion and to make any one or more Deputies in his stead to do and execute all the Power and Authorities committed to him According to the largeness of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their Declarations sent before them were coming in a peaceable way far from any intention to invade any of His Majesties Subjects and still to supplicate His Majesty for a setled Peace he gave order to his Officers to fight with them on the way that the two Nations once entred in Blood whatsoever should be the success he might escape Trial and censure and his bloody designs might be put in execution against his Majesties Subjects of both Kingdoms When the Kings Majesty was again enclined to hearken to our Petitions and to compose our differences in a peaceable way and the Peers of England convened at York had as before in their great wisdom and faithfulness given unto His Majesty Counsels of Peace yet this Firebrand still smoaketh and in that Honourable Assembly taketh upon him to breath out threatenings against us as Traitors and enemies to Monarchical Government and threatened that we be sent home home again in our blood and he will whip us out of England And as these were his Speeches in the time of the Treaty appointed by His Majesty at Rippon that if it had been possible it might have been broken up So when a cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for War his under-Officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governor of Berwick and Carlisle can shew from whom they had their Warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to pass that the Ports of Ireland are yet closed our Countreymen for the Oath still kept in Prison Traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great Incendiary upon these and the like offences not against particular persons but against Kingdoms and Nations may be put to a Tryal and from their known and renowned Justice may have his deserved punishment THis Noble Earl was in person of a tall stature something inclining to stooping in his Shoulders his Hair black and thick which he wore short his countenance of a grave well composed Symetry and good Features only in his Forehead he exprest more Severity than Affability yet a very courteous Person And as he went from the Tower to the Scaffold his Countenance was in a Mild posture between dejection in contrition for Sin and a high Courage without perceiving the least affection of disguise in him He saluted the People as he walked on foot from the Tower to the Scaffold often putting off his Hat unto them sometimes to the right and sometimes to the left hand being apparelled in a Black cloth Suit having White Gloves on his Hands And tho at this time there were gathered together on the great open place on Tower-Hill where the Scaffold stood a numerous croud of people standing as thick as they could by one another over all that great Hill insomuch as by the modest computation they could not be esteemed to be less than 100000 people yet as he went to the Scaffold they uttered no reproachful or reflecting Language upon him He had Three Wives the First the Lady Margaret Clifford Sister to the Earl of Cumberland who left no issue The Second the Lady Arabella Hollis Sister to the Earl of Clare who left him his only Son William now Earl of Strafford and Two Daughters The Third Wife was Daughter to Sir Francis Rhodes of Yorkshire by whom he had one Daughter an Infant at the time of his death On the First of December in the 17th year of the Kings Reign by His Majesties Letters Patents his Son William was restored to all his Fathers Dignities and Titles and was made Knight of the most Noble Order of the Garter having doubled his Paternal Glorys and his own by marrying the worthy Daughter of two incomparable Parents Henrietta Maria the Daughter of Iames Earl of Darby and Charlotte Daughter of Claude Duke de Temoille and Charlotte of Nassaw Daughter to William Prince of Orange A brief Account of his Secretary Slingsby MR. Slingsby his Secretary after the death of this Noble Lord presently left the Kingdom and was received beyond the Seas into the Queens favour and by Her
Majesty designed Secretary to the Prince of Wales now Our Gracious Sovereign but in his zeal to the Kings service and to enable himself to attend Her Majesty upon Her Landing he transported himself into Cleveland where he had but a small Estate but so much a bigger Interest that in a very short time he levied Eight hundred Foot and Eighty Horse with intention to make up a full Regiment and Troop to wait upon the Queen He made his Quarters at Gisborough in Cleveland but before the Foot were disciplined in the use of Arms he was attacqued by Sir Hugh Cholmley with 1500 Horse and Foot and some Brass Drakes Mr. Slingsby who was wholly educated in Civil affairs never in the active Military part having timely notice of his Adversaries approach thought not of any retreat but addresses himself and party immediately to draw out and fight the Enemy notwithstanding the inequality in number At his first charge Mr. Slingsby having seasoned old Soldiers in his Troop which he brought out of Holland worsted their Horse and had some pursuit and execution but being allarmed behind by the noise of an engagement betwixt the Bodys of Foot found his Regiment totally dissipated beyond all hopes of rallying whereupon he employed his Courage upon the Enemies Foot in which Charge his Horse fell and himself wounded with many Case-shot and became prisoner The relation of Bloud moved Sir Hugh Cholmly to a generous regard and care of him he was carried back to Gisborough where in order to the saving of his life both his Legs were cut off above the knee after which he lived three days The Lady Slingsby his disconsolate Mother hastened from York betwixt hopes of Life and fear of Death to Gisborough where she found the late hopes of her Family and support of her age lying dead and Sir Hugh was as much concerned as his Parent for the loss of so accomplished a Gentleman His Body was carried to York and there with very Honourable Solemnitys interred in the Cathedral-Church after a Sermon preached by Dr. Bramhall then Bishop of London-derry and late Primate of Ireland who had a large experience of him He was eldest Son of Sir Guilford Slingsby of the Family of Screuen and Red-House in the County of York his Fathers Estate did lye in Cleveland in the said County he was Educated first at the University at St. Andrews in Scotland and afterwards studied some years in the University of Oxford Sir Guilford his Father dying the Earl of Strafford received this Gentleman in his Retinue among other young Gentlemen of Quality upon his going first into Ireland where his Deportment after some time made his Lord to promote him to be Secretary and afterwards Lieutenant of the Ordinance and Vice-Admiral of Munster Lastly his Lord made choice of him before all others to stand by him and manage all his Papers during his Confinement and Trial And immediately after the Bill of Attainder did pass both Houses the Earl wrote this ensuing Letter unto him A Letter from the Earl of Strafford to his Secretary Guilford Slingsby Esq after the passing of the Bill of Attainder under his own Hand I Would not as the case now stands for any thing you should endanger your self being a person in whom I shall put a great part of my future Trust and therefore in any case absent your self for a time yet so as I may know where you are and therefore send your man back that I may know whither to direct any thing I have to impart to you and that presently and after that let your man come as little about this place as may be your going to the King is to no purpose I am lost my Body is theirs but my Soul is Gods there is little trust in man God may yet if it please him deliver me and as I shall in the best way he shall enable me unto prepare my self for him so to him I submit all I have the person you were last withal at Court sent to move that business we resolved upon which if rightly handled might perchance doe something but you know my opinion in all and what my belief is in all these things I should by any means advise you to absent your self albeit never so innocent as you are till you see what becomes of me if I live there will be no danger for you to stay but otherwise keep out of the way till I be forgotten and then your return may be with safety I mean indeed to leave you one in Trust for my Children and thank you for your readiness to look after it Time is precious and mine I expect to be very short and therefore no part of it to be lost God direct and prosper you in all your ways and remember there was a person whom you were content to call Master that did very much value and esteem you and carried to his death a great stock of his affection for you as for all your services so for this your care towards me all this time of my Tryal and Affliction and however it be my misfortune to be decryed at present yet in more equal times my friends I trust shall not be ashamed to mention the Love to their Children for their Fathers sake Your Affectionate Friend STRAFFORD The Reflections of King CHARLES the I. upon the Earl of Straffords Death I Looked upon my Lord of Strafford as a Gentleman whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great errors and many enemies whereof he could not but contract good store while moving in so high a sphear and with so vigorous a Luster he must needs as the Sun raise many envious exhalations which condensed by a Popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my judgment approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigor of Actions yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse rather what was safe than what seemed just preserring the outward peace of my Kingdoms with Men before that inward exactness of Conscience before God And indeed I am so far from excusing or denying that compliance on my part for plenary consent it was not to his destruction whom in my judgment I thought not by
for the most part Papists tending to the subversion of the Fundamental Laws in England 517 Article XXIII read Wherein he is changed with Words That His Majesty having tryed the Parliament he was loose and absolved from all Rules of Government and was to do every thing that Power would admit c. 518 Article XXIV Read charging him that he declared that the Parliament had forsaken the King in denying to supply him and that the King was not to suffer himself to be mastered by the frowardness of the People 519 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 520 to 581 Article XXV read Charging the Earl that the Lord Mayor and Aldermen refusing to certify the Names of such Citizens as were able to lend Money he said they deserved to be put to Fine and Ransome and some of the Alderm hanged up 582 The Charge opened by Mr. Maynard 583 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 583 to 587 Article XXVI read Charging him that he did approve of two wicked Projects to seize upon the Bullion and Money in the Mint and embase His Majestys Coyn with a mixture of Brass c. 589 The Charge opened by Mr. Maynard 590 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply 590 to 597 c. Article XXVII read Wherein the Earl is charged that he did by his own Authority impose a Tax on His Majestys Subjects for the payment of the Soldiers and caused the same to be levied by force 600 The Article opened by Mr. Maynard 601 The Petition of the Gentry of York read as Evidence 602 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 603 to 627 More passages Interlocutory 629 to 632 Attainder see Act and Bill Bill brought in for continuance of the Parliament 743 Bill of Attainder and Bill for Continuance of the present Parliament passed the Lords House 755 Bill to be drawn up for the Pressing of Mariners 755 A. Bishop of Canterbury settles an inviolable friendship with the Earl 769 The Bishops decline giving their Suffrages in matters criminal 41 Bishops enabled in Ecclesiastical affairs by Warrant from the Earl of Strafford see Art 9. 236 Bishops Iudges c. sent for to attend the King at Whitehall the day before His Majesty consented to pass the Bill of Attainder 756 Bullion in the Mint to be seized see Art 26. 589 C. CLosets placed in Westminster-Hall whither the King Queen and Prince retired 41 Commissioners of Scotland to bring in their proofs against the Earl 18 Commissions granted to the Earl of Worcester and his Son for levying of Horses to be drawn into the Charge against the Earl of Strafford 19 Committee appointed to be present at the private Examination of Witnesses 6 Committee touching the Examination of Members named 14 15 16 A select Committee of both Houses appointed to meet at a Conference concerning the Trial of the Earl 33 Commons House approves of the Petition delivered by certain Peers to the King at York for the calling of a Parliament 6 Right of the Commons in the proceedings in the Lords House in Cases of Impeachment to be considered of by a Committee 21 The Commons to meet only as a Committee of the whole House at the Trial of the Earl and in the House constantly at two of the clock in the afternoon during the time of Trial 42 Names of the Members of the House of Commons who are desired to be present as Witnesses at the Trial of the Earl 44 Conference That all the Ports in Ireland be open 4. Conference about sending for Sir George Ratcliffe a Member of Parliament in Ireland 4 Conference about disbanding the new levied Irish Army 18 Conference to Sequester the Earl from his Offices 20 Conference as to place of Trial as to the persons present as to Conncil and management of the Evidence 34 to 37 Conference is desired with the Lords to know to what purpose the Earls Council should be heard 47 Council of the Earl concerning matters of Law to be to morrow heard in Westminster-Hall 47 In Criminal matters the Bishops decline giving their Suffrages 41. Interlocutory passages about admitting Sir Pierce Crosby to be examined 109 Customs Farmed for the Earls use see Art 10. 241 D. LOrd Digby goes up to the Lords to desire a free Conference concerning Articles against the Earl 9 His Speech to the House of Commons to the Bill of Attainder 50 Sir Kenelm Digby to be removed from Court 42 Lord Dillon's Case of Ireland to be reported by the Committee 19 E. LOrd Viscount Ely his Case in Ireland to be reported by the Committee 19 The Evidence against the Earl to be managed by a Committee of the House of Commons 32 Evidence offered by the House to the Committee to corroborate the latter part of the 23 Article 45 Evidence for the Earl to be recollected by him to morrow which done the managers are to state their Evidence 47 Examinations taken before the Lords to be delivered to the Commons appointed to draw up the Charge against the Earl 19 Examination of the Lord Primate of Ireland debated 44 Exceptions by the Earl and other unnecessary delays to be prevented 43 Exceptions taken by some Members to the Lord Digby's Speech 55 F. FIne and Ransome to be put upon those who refuse to lend Money see Art 25 582. Flax a great quantity thereof in the Earl of Straffords hands c. see Art 13. 416 Forces made use of to Levy Money see Art 25. 426 Forces in Wiltshire Hampshire Kent and Sussex be drawn towards Portsmouth and Dover 740 G. MR. Glyn's Reply 706 to 733 Gondamore an Agent from Spain a sower of Seeds of Distraction among us 765 Col. Goring his Examination 746 His Vindication by Vote of the House 755 H. EArl of Holland General of the Army 751 Lord Hollis his Speech to the Lords to promote the taking a Protestation 741 Hubub in the City that the House was beset and in danger I. IMpeachment against the Earl read 101 He is declared an Incendiary of the War with Scotland see Art 20. 515 The Introductive Speech of Mr. Pym as to the Preamble of the Earls Answer 102 to 109 Petitions and Complaints from Ireland there reported by Mr. Whistler 10 Irish Affairs to be considered of by a Committee of the whole House 1 Irish Remonstrance reported by Mr. Whistler 7 Irish Remonstrance read 11 12 13 New levied Irish Army a Conference about disbanding them 18 42 Irish Army consented by the King to be disbanded 756 Irish Army words spoken c. tending to the bringing the same into England 46 725 E. EArl of Kildare his Case of Ireland to be reported 19 The King declares the Ports in Ireland to be open 6. King Queen and Prince come to their private Closets placed in
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
busie and could not attend it That they desired Hibbots might be examined and they would be bound by his Oath and his Lordship granted a Warrant for it and Mr. Hibbots was almost examined for on a Council-day the Order was given to the Deponent But that very Afternoon my Lord-Deputy came to the Council-Board and as soon as he was sate spake to this effect Here is a business concerning my Lady Hibbots prosecuted with a great deal of Violence that ever I knew and an Order procured for the Examination of the Plaintiff but if any such Order be or Examination taken I will have it damned and this is as much as he can speak Being asked Whether my Lord of Strafford did not threaten my Lady Hibbots with Imprisonment till she performed the Order He Answered That on the first of Ianuary after the Decree my Lord-Deputy sent to the Lady Hibbots house to require her and him the Deponent to attend him which they did accordingly and were called into his Chamber where was Mr. Sambridge of Council with Mr. Hibbots a Sister of the Deponents he the Deponent and some others That my Lord-Deputy asked them Why they would not perfect the Re-assurance according to the Order to which the Deponent offered some Exceptions drawn up by the Council alledging that they could not possibly perform the words of the Order and that they might perform them as near as might be they shewed a course that might be observed but my Lord-Deputy said He would not be cavil'd withall he would have the Order of the Board obeyed and since they juggle thus his Lordship said He would have the Orders drawn up and tendered and that if they will not perform them he will commit them to the Castle where they shall lie a month at that months end he will send for them to the Council-Board and tender them again and if they would not perform them he will Fine them 500 l. and another months Imprisonment and then tender them again and if they will not perform then he will Fine them 1000 l. and another months Imprisonment and so from time to time till they had performed the Orders of the Board Being asked Whether these Lands were not purchased in the Name of Sir Robert Meredith and others and to whose use He Answered That he hath the Deeds of the Land himself and what the Dates are he doth not remember But he knows the Lands were purchased in the Name of Sir Robert Meredith and others but he cannot speak to whose use but from Sir Robert Meredith's own mouth for when he the Deponent paid 7000 l. to him he the Deponent was telling him the great advantage he made by this Bargain In truth saith Sir Robert the advantage is nothing to me I receive it with one hand and carry to the Castle with the other That the beginning of December last Sir Robert sent for this Deponent and told him He heard he was coming over to complain of such a matter but desired him the Deponent not to trouble him for he protested seriously he had nothing to do with the business his Name was only used as Sir Philip Persivals and Sir Robert Loftus it was meerly to my Lord Lieutenants use The Manager observed That when their Lordships have heard this they will not wonder at the next Witness they shall produce that a Supream Judge should perswade to continue a Suit which he would have withdrawn and that notwithstanding the major part of the Board was against the Petitioner yet the Order was drawn for the Petitioner Mr. Hoy being asked to the matter of the Vote He said He was withdrawn when they gave their Vote but a noble Member of the Board came to his Mother to Supper and named to him the Deponent every man that Voted for and against her that he writ down their Names at that time and there were twelve Votes for her and nine against her that he the Deponent was afterwards informed by another then at Board that the major part of the Board went for his Mother Thomas Hibbots was sworn and being asked Whether there was not a Petition preferred to the Lord-Lieutenant there for breaking off the Bargain between himself and the Lady Hibbots and answered before he knew of it He Answered having the Questions dictated by the Clerk being an old deaf man That he caused a Petition to be drawn but not this that this Petition he knew nothing at all of that he wished a Petition to be drawn by Mr. Sambridge but it was only that he might have his money and go into his Country Being asked Whether after the Petition drawn and answered he did go to Sir William Parsons and desired to be quit of the Suit and that he went thereupon to Sir George Ratcliffe and what passed He Answered He sent to Sir William Parsons and he sent him to Sir George Ratcliffe and Sir George Ratcliffe said He should not be dismissed from the Board Being asked Whether my Lord of Strafford did not send for him and tell him 500 l. more in his purse would do him no harm He Answered It is true my Lord wished him to go on with his Suit at the Board and that no man in Ireland should do him wrong and it would do him no harm to carry over 500 l. more Being asked What Sir Robert Meredith said to him He Answered That he would bring all the Writings to him the Deponent Being asked on my Lord of Strafford's Motion what Fees he laid out He Answered 40 l. to Mr. Sambridge and the Manager observed he was preferred presently after the Bargain was executed Being asked What words were used to the Lady Hibbots He Answered That my Lord-Deputy asked Will you not perform the Order If not by such a day I will send you to the Castle and there you shall lie a month and at the months end you shall be brought to the Board and have 500 l. laid on your head and at another months end 1000 l. more Fine and you shall go back to the place again and after that a third months Imprisonment and your Fine increased your Estate I know is very great and if it were ten times bigger than it is I will make it crack To prove that the major part of the Board was against the Plaintiff The Lord Mountnorris was asked Whether he was present at the Council-Table at that time when this Cause was agitated and which way the major part of the Votes went at that time He Answered He was there present and the major Vote went for the Lady and there were 12 or 11 he cannot possibly say which though he took it then perfectly into memory on one side and nine on the other side The Earl of Corke asked to the same purpose He first made an humble Suit to their Lordships that he might not be produced as a Witness against the Prisoner His Reason is That when he hath delivered
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
not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traitor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgement I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6. My Lord of Strafford hath offended against both the Kingdoms and is guilty of High Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away Englands but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if His Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Iudges they shall not proceed to Iudgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings death Levying War Counterfeiting the Money or Great Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 Therebe two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quotîes the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen M. cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or the Declaration of Treason and no others And further provides That no pains of death penalties or forfeiture in any wise shall ensue for committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others refer still to offences made Treason by Act of Parliament they restrain not to the Treasons only particularly mentioned in the Statute in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treason as appears by the words immediately foregoing By the Second Part for the peins and forfeitures of Treasons if it intend only the punishment of Treason or if it intend both Treason and Punishment yet all is referred to the Provision and Ordinance of 25 Edw. 3. any Act of Parliament or other Declaration or thing notwithstanding It saith not other then such Penalties or Treasons as are expressed and declared in the Statute of 25 Edw. 3. that might perhaps have restrained it to those that are particularly mentioned no it refers all Treasons to the general Ordination and Provision of that Statute wherein the Common Law Treasons are expresly kept on foot If it be Asked What good this Statute doth if it take not away the Common Law Treasons 1. It takes away all the Treasons made