A BRIEFE AND PERFECT Relation Of the Answeres and Replies of THOMAS Earle of Strafford To the Articles exhibited against him by the House of COMMONS on the thirteenth of Aprill An. Dom. 1641. LONDON Printed 1647. To the Reader READER HAVING imployed the Author of this Tteatise to make these Collections for my private information And finding them to bee beneficiall for the Publique I durst not wrong Posterity and my owne Conscience to conceale them for my owne use without imparting them to the good of others For the solemn-Triall therein described is so Paramount in the Equipage of all Circumstances that as former Ages have been un-able so future are un-likely to produce a paralell thereof As for the Person himselfe who as a cunning Master of Defence waved the thrusts of such skilfull and powerfull Adversaries Take his Character in this Bookefrom his owne Mouth seeing otherwise whatsoever may be spoken of him is beneath what was spoken by him So that instead of other Monopolies laid to his Charge hee may seeme most guilty of ingrossing so much Worth and Ability into his owne Bosom Behold here a Garden of the most and best Varieties wherein points of Lawe are interwoven with Acts of State and the affaires of Ireland as in the same Fscutcheon quartered with those of England Herein nothing false is Reported nothing triviall is Observed nothing memorable is Omitted for the Net of his Diligence was so cunningly and carefully spread over all the Transaction that if any passage escaped his notice it may bee concluded so small as inconsiderable to bee observed The Paines in Collecting Care in Preserving Cost in Publishing this Treatise are abundantly satisfied if my sincere-Intentions for the propagation of the Truth be welcomed with thy cordiall and candid acceptance thereof Thine S. R. THE Proceedings against THOMAS Earle of Strafford Lord Lieutenant of Ireland in the Parliament at Westminster An Dom. 1641. SIR YOu have here the Diurnall of the whole Processe against the Lord Lieutenant of Ireland it was taken by the hand of a ready writer a faithfull eare and an understanding head He was present at all the action and I make no doubt of the fidelity of his Relation Which beginneth thus THE House 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 a Tarras Before that were the seats for the Lords of the upper House and sacks of wooll for the Judges before them ten stages of seates extending farther then the midst of the Hall for the Gentlemen of the House of Commons At the end of all was a Deske closed about and set apart for the Lord Lieutenant and his Councell On Monday morning about seven of the clock he came from Monday the Tower accompanied with six Barges wherein were one hundred souldiers of the Tower all with Partizans for his guard and fifty payre of Oares At his landing at Westminster there he was attended with two hundred of the trayned-Band and went in guarded by them into the Hall The entries at White-Hall King-streete and Westminster were guarded by the Constables and watch-men from foure of the clock in the morning to keepe away all base and idle persons The King Queene 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 intreate the King eyther to be absent or to be there privately lest pretentions might be made hereafter that his being there was eyther to threaten or some otherwaies to interrupt the course of Justice A third sort That the King was not willing to be accessary to the Processe till it came to his Part but rather chose to bee present that he might note and understand what 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 Axe should bee carried before him or noe who did answere that the King had expresly forbidden it nor was it the custome of England to use that Ceremony but only when the Party accused was to bee put upon his Jury Those of the upper House did sit with their heads covered those of the lower House uncovered The Bishops upon the Saterday before did voluntarily decline the giving of their Suffrages in matters Criminall and of that nature according to the provision of the Cannon-Law and practise of the Kingdome 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 Spirituall in Parliament which was accepted The Earle of Arundell as Lord high-Steward of England sat apart by himselfe and at the Lieutenants entrie commanded the House to proceede 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 Replyes were subjoyned and read also the very same which were presented before in the upper House Some give the reason of this because the lower House had not heard those Accusations in pulique before others that the formality of the Processe required no lesse however that day was spent in that exercise The Queene went from the House about eleven of the clock The King and Prince stayed till the meeting was dissolved which was after two The Lieutenant was sent to the Tower by his Guard and appointed to recurne 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 hee them with great humility and courtesie both at his entrance and at his returne therefore let fame pretend what it please about the malice and discontent of the multitude That if he passe the stroake of Justice they will teare hâ—m in pâ—eces yet I see there is more in Rumor then in Sight and appearance and in this Report as in all others of this nature more is thrust upon the vulgar who seeme as well fearefull of punishment as exempt from it for all their great number then they doe justly deserve On Tuesday in the morning hee came accompanied as before to Westminster and having stayed in the Exchequer Chamber Tuesday till nine of the clock the King Queene and Prince came as before upon the first day Then Master Pym being called for aggravated the Charge Pyms first Charge which was given the day before by a very ample Speech It is impossible to call to minde all the Hyperbolees the Flashes and superlative Expressions
susteine Thirdly the necessity of that Court in that Kingdome which hath beene ever governed by that way and therefore impossible to debarre the natives from it without great inconvenience for it would utterly undoe them and none is prejudiced by it but the Lawyers And therefore seeing that he had done nothing but what was customary necessary and equitable Commanded to it and the Sentence just hee hoped rather for thanks from the State then a Charge for his ill Deportment withall he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that peece of Land and made the playing of his game to be very foule and at last hee added That he had done no more in Ireland then the Court of Request in England usually doth And that the Chancery Court in Ireland doth the same daily and the last Chancellor was never Charg'd said hee for such Proceedings though this his Power and Authority was lesse then mine But the difference of the Person and his Authority it seemeth differeth the matter And this was the businesse on Monday On Tuesday they passed by the 7 Article and the two first Tuesday Charge the latter part of the eight Article Lady Hibots Case parts of the 8 about the Lady Hibbotts Land That hee had violently thrust her from her possession by this Summary way of Justice and afterwards purchased the land to his owne use by borrowing the name of Sir Robert Meridith In this Probation the testimony of the Gentlewomans own sonne was used of the Lord of Corke and the Lord Mount-Norris all his back-friends or professed Enemies and yet they proved very little but what they tooke up upon hearesayes their prime Allegation was First That though the major part of the Councell-Boord had voted for the Lady yet the Lord Lievetenant had given Decrees against her Secondly That all was done to his own behoofe To the First Hee produced the Sentence under the hand Straffords Reply of the Clerke of the Councell-Boord subscribed by the Major part To the Second Hee attested that hee had no under-dealing with Meridith for the Lady had got her own Lands back from the said Sir Robert Meridith Hee also declared at length with what fraude and deceit the Lady had come to her Lands and upon what reasons they were restored After this Article they fell upon the ninth about the giving Charge Article 9. of Commission to the Bishop of Downe and Connar for apprehending all such Persons and presenting them before the Councell-Boord as contemned the Ecclesiasticall Ordinances This was aggravated as a point mainly against the Liberty of the Subject To this Hee Replyed Fist Hee produced the Primate of Irelands Testimony under Straffords Reply his hand hee being himselfe sick that the same course had been used in Ireland before and that Bishoppe Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly Hee shewed the Equity that such assistance should bee given to Church-men who otherwise because of Papists and Schismaticks either to God or the King wâ—â—ld have no Respect or Obedience given them in that Kingdom Thirdly He proved by two witnesses that such Warrants were in use before his time Fourthly Hee said hee had never granted any but that one and had presently within some few Moneths called the same in againe what said hee was the Bishop of Downes carriage in it hee had no reason to answere for But hee presumed the Bishop could give a satisfactory answere for himselfe when hee should be called in question And so hee concluded that a matter so just so necessary so customary and practicall before Hee hoped should not bee Charged upon him as an Introduction of a new and Tyrannicall Forme of Government And therefore submitted himselfe to the Mercy of God and the Equity of his Peeres in his Tryall And this was the worke on Tuesday The ability of this brave Gentleman ravisheth his hearers with admiration though he bee infinitely spent both in Body and Mind by the continued and almost un-interrupted Agitation After the ninth Article was passed against the Commission issued Wednesday Charge Art 10. in favour of the Bishop of Downe and Connar Upon Wednesday Master Glyn proceeded to the tenth Article the Charge was That the Earle of Strafford having established an Arbitrary and Tyrannicall Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crowne it selfe that by applying to his own use the Publique Revenues hee might bee the more enabled to accomplish his disloyall and trayterous intentions To which end having by a new booke of Rates enhaunced the Customes hee had gotten by advantage of his Lease above twenty six thousand pound yeerly This they added was a Crime of higher nature then those conteined in the Preceding Articles Because in those there was some colour or pretext of Justice here none those in Particulars this in Generall those against the Subject only this against the King himselfe For the Proofe of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchesse of Buckingham which the Lieutenant hath now by Assignemâ—â—t and some differences shewn arising to the sum of two thousand pounds in the Dukes Lease only the moity of concealed and forfeited Goods were due to him but the whole Goods to the Dutchesse in her Lease Againe the Kings ships of prizes did not pay Customes in the Dukes Lease in the Dutchesses they did Againe the Impost of the Wines then belonging to the Earle of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly whereas the Earle of Strafford paid but fourteene thousand pounds per annum for the Custome it was worth to him as was apparent by the bookes of the Exchequor forty thousand pound Witnesses were examined First Sir James Hay who deposed that the Earle of Carlile had an advantage of one thousand six hundred pounds per an by his Lease of Wines Secondly The Lord Ranelaugh who deposed that by the inspection of the books of Accompts hee had found the Customes to be Anno 1636 thirty six thousand pounds Anno 1637 thirty nine thousand pounds Anno 1638 fifty foure thousand pounds Anno 1639 fifty nine thousand pounds With the Proofe they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeale and Honesty in his Majesties service yet it is evident hee had abused the trust put upon him and by withdrawing so great summes of money from the Crowne had weakened the King praejudiced the Subject of the Protection they were to expect from him and had beene the cause that the extraordinary way of Impost and Monopolies had beene undertaken for supplying of the Royall necessitie And that this Act therefore ought to bee enough to make the Charge and Impeachment of high-Treason laid against him The Lievetenants Reply was That hee conceived
the Councell-Board that the Scotts demands conteined sufficient matter to perswade to an offensive Warre Secondly That the same demands did strike at the Roote and Life of Monarchicall Government and were only to bee answered by the Sword Thirdly That he had caused some Scottish goods and ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that warre against the Scotts Fiftly That by all possible meanes hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects and laboured to make a National-quarell between them and England which if the Kings piety and the Prudence of better affected States-men had not prevented could not have beene soadered up againe without much blood Concerning England his speeches were eyther before or after the Parliament First Before his Creature and Bosom-friend Sir George Ratcliffe he had said to Sir Robert Kâ—ng when hee was doubting how the King might have monies to pay his Armies that the King had foure hundred thousand pounds in his purse thirty thousand men in the field and his Sword by his side and if hee wanted money afterwards who will pitty him Secondly That his brother Sir George Wentworth had said to Sir Robert Berington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seemes they were weary of their Peace and desired to be conquered a second time Thirdly That hee himselfe upon a disâ—ourse with the Primaâ—e of Ireland had said that hee was much of the minde of those English Divines who maintayned it lawfull for a King having tryed the affection and benevolence of his People and then denyed their helpe upon an inevitable necessity and present danger of the Kingdome that he might use his Prerogative for his owne supply and the defence of his Subjects Fourthly To the Lord Conway in a discourse hee had said that if the Parliament meaning the last Parliament should not grant a competent supply that then the King was acquitted before God and Man and might use the Authority put into his hands Fiftly That hee did say at the Councell-Board If the Parliament should deny to helpe the King hee would take any other way he could for his Majesties service and assistance His expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himselfe to be over masteredly the frowardnesse obstinacy and stubbornnesse of his People Secondly That if his Majesty pleased to imploy Forces he had some in Ireland that might serve to reduce this Kingdome The Proofe for the Scots Particulars were these First The Lord Traquiere who was indeede very favorable to the Lord Lievetenant and spake nothing to his disadvantage but what was scrued from him with much difficulâ—y hee told them That when hee gave in the demands he heard him say that it was high time for the King to put himselfe into a posture of Warre but that first all the Councell of England said the same as well as hee Secondly That it was a double supposition First that the Demands were truely given in Secondly That there was no other remedy left but Armes to reduce them Secondly The Earle of Mortons testimony being sick himselfe was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared that he had heard the Lievetenant to advise the King to an offensive Warre when his owne judgement was for a Defensive Fourthly the testimony of the Earle of Northumberland was produced which was the very same with Sir Henry Vanes Fiftly The Treasurer of England deposed the same with Troquiere Sixtly One Beane from Ireland told that hee had knowne Shippes seized on there but by whose procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Ranelaugh deposed the same that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primates testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with this Article Fiftly Sir Henry Vane deposed He had heard those words spoken at the Councell-Boord For the Words spoken after the Parliament to the first Sir Tho. Jermyne Lord Newburg Earle of Bristoll Earle of Holland were Examined Bristoll did mince the matter But Hollands testimony was expresse because of the exceeding great Love he carried to the Man For the last which were the most dangerous speeches about the reducing of this Kingdome there was only Sr. Henry Vanes testimony who declared only thus That hee had either those words or the like Here some of the Lievetenants friends shewed themselves 1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome and withall said it was very hard to condemn a man for Treason upon such peettit circumstances 2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not Sir Henry said positively either them or the like The Earle replyed that under favour those or the like could not be positive 3 The Earle of Clare desired to know what could be ment by this Kingdome for his part he said he thought it meant of the Kingdome of Scotland to which the word this might very well be relative that Kingdome being only mentioned in the praeceding discourse And that he was the more ready to bee of that opinion because he could not see by what Grammaticall construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of obedience nor upon Rebellious courses They at last concluded the Charge That the words were so monstrous that to aggravate them was to allay them and therfore they would simply leave them to the judgement of the Lords The Lieutenants Reply was That though the heaping up of those Articles had put him to Straffords Reply a great confusion yet he would endeavor to bring his Answere into the best method he could and first he would reply to the Proofe then add something in generall for himselfe in what a hard taking and lamentable condition he was to have his private discourses his most intimate and bosome friends search'd and sifted to the least circumstance that he might seeme guilty of that which by God's assiistance he should never be To the Lord Troqueeres and the Deputies depositions hee thought their proofes did not much stick upon him for upon the suppositions first that the demands were true secondly that they were not justifiable thirdly that no other course could prevaile Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre especially seeing then there was frequent reports
of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged to be his bosom friend yet had thoughts of his own and might have some other thoughts in his bosom and be to some other Expressions then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse and in Law can prove nothing add to this said he that it was a private discourse between him and me and perhaps spoken by me tentandi gratia and how farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own conceptions or craving the advice of wiser and learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star of Hen 7. 12. and of Edw. 6. 5. Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councell which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candiâ—è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a praecedent take footing Westminster-hall shall be more troubled with Treason then with Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly altered the Antecedents were upon an absolute or inevitable necessity upon a present invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is hee not publicus Inspector Regni Stands it not him in hand to do somthing on present
a Just and necessary act and none of the Councell had contradicted it which hee conceived as a tacit approbation and an order in Equivalence But though that had not beene yet there was nothing done in the businesse but at the speciall desires of the Gentlemen themselves for their necessary defence protection yea though hee had done it by himselfe alone yet hee conceived hee had so much power by his Commission causing the Commission to that effect to bee read That albeit he should mistake his Commission and doe some inferiour Act beyond it because Military proceedings are not allwayes warranted by the Common Law yet it should not bee imputed as an Act of Treason to him And to this effect read a Statute of rhe seveneth of Henry the second To the Proofs First Collonell Pennymans warrant or Sir Edward Osbornes it nothing concerned him and hee doubted not but these worthy Gentlemen could Justifie their own Act and that hee had enough to doe to answer his own Misdemeanors Secondly For Sir John Burrowes hee was at Rippon when that Proposition was made Thirdly That as the warrant so neither the Execution troubled him at all Fourthly For Sir William Ingram hee was but a single testimony and that such an one too as hee could produce an evidence to testifie hee had mistaken himselfe in his testimony upon oath if it were not to disadvantage the Gentleman Hee concluded that hee had done nothing in that businesse but upon the petition of that County the Kings spetiall command the connivence at least of the great councell and upon a present necessity for the defence and safety of the County And so much for Wednesday Upon Thursday the Committee for the charge declared that Thursday Charge Sir Walter Ecarles Observations they had done withall the Articles and were content to wave the last for reasons best known to themselves only Sir Walter Earles added that hee had some observations to bring forth upon the two and twenteeth Article which hee conceived might doe much to prove the Lord Straffords designes for Landing the Irish forces in England And they were First That in his Commission hee had power to land them in Wales or in any part of England or in Scotland which were all together superfluous unlesse there had beene some purpose for the same Secondly That within two dayes before the date of the Commission Letters were sent to the Lord Bridgewater and Pembroke from Sir Francis Windebanke to assist the Earle of Worcestor in Levying forces for the Kings service and these might bee supposed to have intended ajoyning with the Irish Thirdly That the Lord Ranelaugh at the raising of the Irish Army did feare such a Designe as this Fourthly That the towne of Ayre in Scotland where the Lord Strafford pretended he would land those forces was fortified with a Bulworke a Garrison and Block-house which would prohibit landing there that the Earle of Argiles bounds were divided thence by the Sea and that the Barr or entrie into the towne was very dangerous and shallow The Proofes were only the reading of the Commission granted to the Lord Strafford The Livetenants Reply First That his Commission was the same Verbatim with Northumberlands for England and that it was drawn up by the Councell board heere and sent over unto him So no more designe in him then in the Gentlemen of the English Army nor no larger then that was put upon him Secondly That this was the first time hee heard of any such Letters nor did they concerne him more then any of the House Thirdly That hee was not bound to purge the Lord Ranelaugh from all his feares and that he had his own feares too which God forbid should be evidence of Treason against any man whatsoever Fourthly That it seemed the Gentleman had better Information from that Kingdome then himselfe yet hee would be confident to say at Ayre there was never such a thing as a Block-house or Garrison But to remove all scruples for indeede the Roade or landing place is not there safe hee declared that it was his intention to have landed some miles above Ayre and made only his Magâ—zine of that towne To the Earle of Argiles bounds hee hoped the Gentleman knew they came not on foot out of Ireland but had shipps to waft and transport themselves and that one of his prime Houses Rosneth was within some few miles of the same frith The Lord Digby finding Sir Walter Earles on ground did handsomely bring him off and told the Lords that all their proofs for that Article were not yet ready that this was a Superfaetation onely of the charge and that in such a businesse as the plotting of Treason they must be content sometimes with darke Probabilities Then Master Glyn desired the Livetenant to resume his defence Glyns charitable speech that they might give a repetition of their Charge and so close the processe so farre as concerned the matter of Fact Hee replyed that in his case all slâ—cknesse is speede enough the matter touched him narrowly even in his life and estate Straffords Reply yea in that which hee esteemed above them both his honour and his posterity and therefore hee confessed hee had no desire to ride post in such a businessâ— That hee knew the Gentlemen at the Barre if they were in his case would think the time little enough except their more able Judgements could sooner dispatch the matter in hand And therefore hee humbly intreated that that day might be granted to him for strengthening himselfe and recollecting his thoughts and spirits and tomorrow he would be ready with his last Replies for himselfe which after a little Ceremony and contestation was condiscended unto by the House of Commons Upon Friday morning about eight of the clock the Lievetenant Friday he was hindred from coming by a sit of the stone of the Tower and my Lords chamber-Groome came to the Hall and gave information to the House upon Oath that the Lord Strafford was taken with an exceeding great paine and fit of the Stone and could not upon any conditions stirre out of his Bed Master Glyn Replyed That it was a token of his willfullnesse Glyn againe not his weakenesse that hee had not sent a Doctor to testifie the same The Lord Steward made answere that a Doctor could not be had perhaps so soone in the morning nor was it possible for any Phisitian to give a certaine judgement concerning a mans disabilitie by the Stone Because there is no outward Symptomes that appeare Master Glyn excepted That if he did not appeare upon Satterday morning he should lose the priviledge to speake in his owne defence afterwards and they permitted to proceede The Lord Steward Replyed that the Lords had appointed foure of their number to goe to the Tower and learne the just cause of his stay and if by any meanes he were able he should be oblieged to come then if not Humanity and
slender answere might serve Hee hoped that no man would thinke him so inconsiderate to warre against the King of Britaine and Ireland by the sessing of five Souldiers that hee had beene charged by many for taking Armes for the King but to that time never for taking Armes against him And that he heartily wished that no man in all his Majesties Dominions had more practises with Rebels and Rebellious Designes against the King then himselfe So much for Thursday At the close he desired the intermission of a day that hee might recollect his spirits and strength against the next quarrell and with some difficulty obteined rest till Satterday Upon Saterday Master Palmer proceeded to the sixteenth Article and Charged thus That the Lord Strafford having established Saterday Charge Article 16 by Master Palmer a Tyrannicall and Independent Authority by giving summary Decrees and Sentences had deprived the Subject of all just Remedy for in that Kingdome there was none supreme to himselfe to whom they might appeale And lest their just grievances might be made known to his Majesty hee had obteined a Restraint that no Complaint should be made of injustice or oppression done there till the first addresse had beene made to himselfe and that no person should come out of that Kingdome but upon Licence obteined from himselfe For Proofe of this First The Instructions were read whereby that Restraint was permitted Secondly The Proclamation That all Noblemen Gentlemen Undertakers Officers or other Subjects that should resort into that Kingdome should not come from thence without a Licence from him Thirdly That hee had restrayned the Earle of Desmond because of a suit in Lawe depending betweene the Earle and himself till publication of the same was passed Fourthly That the Lord Roch being informed against before the Starre-Chamber he would not Licence him to come into this Kingdome till the Sentence was passed against him Fiftly That one Marcatee having pretended a minde to travell was denied a Licence Sixtly That the whole Committe for the Parliament was Restrained this last yeere by Deputy Wansford which they said might be interpreted to be his fact both because they had such intelligence the one from the other as also by the Proclamation issued by him before Seventhly That one Parry servant to Chancellor Loftis was fined five hundred pounds at his returne for departing Ireland without Licence Eighthly That the Irish Remonstrance complained of this as the greatest innovation and thraldome put upon them since the time of the Conquest They concluded the Charge That by this meanes having taken off that intelligence which should hee betweene the King and his People and having deprived them of that Remedy which in reason they might expect from so just and so Gracious a Prince hee had taken upon him a Royall and Independent Power and had faulted highly both against King and State The Lievetenants Reply was That he hoped to make it cleere that he had done nothing Straffords Reply in that particular but what was Usuall Necessary and just and that he should be very well able by the Grace of God not only of that but of all other his publique actions to give a reasonable Accompt though not be free from much weakenesse yet certainly from all Malice and Treason To the Particulars First For Instructions laid upon him he was not so much Chargeable as those of the Councell of England whereof there was a great many present who could witnesse their commands But lest any thing should seeme unjustly enjoyned by them or embraced by him hee desired that the reasons of their Instructions might be read which were That it were In-justice to complaine of Injuries of Oppression done in that Kingdome till the first Deputies judgement were informed and tryall made of his Integrity that it would much discourage the Ministers of State there and expend the monies of that Kingdome if upon every trifling businesse Complaints should be admitted in England And that if justice were there denyed by the Deputy it should be lawfull for any man to come over Secondly For the Proclamation that the same was builded upon the Statute of that Kingdome the 25 of Hen. 6. which conteined the same Restraint Verbatim Thirdly That Anno 1628. the Agents for the Irish Nation had Petitioned for the same from the King Fourthly That the Deputy Faulkland had set forth the same Proclamation Fiftly that he had the Kings expresse Warrant for it Anno 1634. which was read Sixtly That he had received the Warrant in January yet the Proclamation issued not out till September after Seventhly That the whole Councell-Board of Ireland had not only condiscended but also pressed him to it Eighthly The necessity of the Kingdome required the same for if the Gentlemen had the Ports open to goe to Spayne and their Schollers to Doway Rhemes or St. Omers it were likely that at their returne they would put fire both in Church and State and produce very sad events by practising to distemper both Ninthly He conceived that the King as great Master of the Family might restraine whom he pleased from departing his Kingdome without his privity and here it was not lawfull for any to goe from England without Licence how much more necessary was this from Ireland To the Proofes he answered First For Desmond He granted he was Restrayned indeede but not for any suit of Law betwixt them but because at that time he stood Charged with Treason before the Councell in Ireland for practising against the life of one Syr Valentine Cooke Secondly For the Lord Roch he hath often times mervailed with what reason the man at that time could seeke a Licence seeing he was a Prisoner for debt in the Castle of Dublin and if he had granted a Licence unto him then it had beene a farre more just Charge of Treason then now Thirdly For Marcattee he was afraid of his going to Spain and if he had told him that he intended to goe for England and complaine of himselfe he would not have refused him Liberty as he never did to any Fourthly That the Committee of Irish was not restrayned by him and therefore did not concerne him at all Fiftly That for Parry he was fined indeede But that it is expresly said in his Sentence that it was not for coming over without Licence as is suggested but for sundry contempts against the Councell-Board in Ireland Sixtly That he had Replyed in the last Article a Remonstrance was no proofe at all He concluded that he hoped the least suspition of Treason could not accrue to him from the Article For Oppression or Misdemeanor when it was laid to his Charge he made no doubt but hee should bee able to answere it The same day a new man was hurried out against him Mr. Whitlock Whitlooks Charge Article 19 who having past over the 17 and 18 Articles resteth on the nineteenth about the Oath administred to the Scotts in Ireland and Charged thus That it was
necessities And that these were his words he often proved over and over againe by the Marquesse by the Lord Treasurer Cottington Sir Tho. Jerminâ— My Lords what I have kept to the last said he is this and I would intreate you seriously to thinke of it If a mans Table his Bed his House his Brother his Friends and that too after they have given an oath of secrecy to be rak't to finde out Treason against him who never knew what it meant what earthly man shall passe free from Treason Let my misfortune my Lords be your advertisement your wise Ancestors were glad to put bands and limitts to this Lion Treason if you give him the large scope of words to range into he will at last pull you or yours all to peeces But my Lords I did never thinke till now that matter of Opinion should be objected as matter of Treason For first opinions are free and men may argue both pro con in all faculties without any staine of his reputation otherwise all consultations would be vaine Secondly I may be of another judgement then I declare my selfe to be of opinion perhaps to gaine better Arguments for the maintenance of my owne Grounds Thirdly Many and my selfe often times have propounded my Opinion yet upon hearing better judgements have presently changed it Fourthly We use to strayne our opinions too high sometimes that we may meete in a just moderation with those whom we conceive in the other extremity to be too low Fiftly It is expresly commanded by the Star Hen. 6 9 that though a man should say the King is not lawfull heire to the Crowne and may be deposed yet he is not to be charged with Treason but only with Felony And I hope my Lords those words are of a more transcendent and superlative nature then any alleaged by me to he spoken But my Lords said hee lay it to your hearts it must come to you you and your posterity are they whom God and Nature Byrth and Education have fitted to beautify the Royall-Throne and to susteine the weighty affaires of the Kingdome If to give your opinions in Politicall Agitatious shall be accounted Treason who will be willing to serve the King or what a dilemma are you in If being sworne Councellors you speake not your minds freely you are convict of perjury if you doe perhaps of Treason What detriment what Incommodity shall fall to King and Kingdome if this be permitted Which of you hereafter will adventure yea dare adventure so much as to helpe by your advise unlesse you be weary of your lives your estates your posterity yea your very Honour Let me never live longer then to see this confusion yea I may say it this inhumanity in England for my part my Lords I here confesse my selfe I ever have and ever shal speake my opinion freely in any thing that may concern the Honor and safety eyther of my gracious King or my deere Countrey though the sword be two edged fearing rather him that killeth the Soule then him whose power reacheth only to the body Nor doe I see how I am culpable of Treason unlesse it bee treason for not being infallible and if it be so my Lords you have this rag of mortality before you loaden with many infirmities though you pull this into shreds yet there is no great losse yea there may be a great gayne if by the same I may seeme to have dared too farre to give a testimony to the World of an Innocent conscience towards God and a Resolute loyalty towards my Prince which have ever beene my only Pole-starres in the whole course of my life and if by spilling of mine there be not a way found how to trace out the blood of the Nobility which I hope your Lordships will looke too there is no disadvantage at all suffered by the losse of me You have his very words as neere as I could recollect Tuesday was a day of Rest Upon Wednesday Whitlock Charged thus That the praeceding Wednesday Whitlocks Chaâ—ge Articles were of so high a consequence and of so transcendent a Nature that nothing wanted to make up the perfect measure of the most horrid Treason and monstrous Attempt that ever by a Native was intended against his King and Country But puting these defigned projects into Extention which had undoubtedly hapned to the ruine and subversion both of Church and State had not the clemency goodnesse of the Prince and the Piety and carefulnesse of the well affected Peeres timously foreseene and prevented the same that still the Principles of Tyrany and Oppression had lodged within his bosome and therefore had burst forth into these expressions and advises conteined in the following Articles where first in the twenty fifth they Charged him with three things First That hee had advised the King to a rigorous and unlawfull exaction of Ship-money Secondly That he had given Councell that if the Shreeves should deny their best endeavors and assistances to that effect they should bee sent for and fined by the Starre-Chamber and Impâ—isonment Thirdly That when the Aldermen of London had in all humility represented the Causes why the Ship-money could not be collected amongst them and had given in the Reasons why they refused to give in a List of their names within their City who were able to affoord the Loan-money Hee in a contemptuous Tyrannicall manner in the face of the Councell-Boord had said to the King Sir These men because of their obstinacy and frowardnesse deserved very well to bee fined ransomed and layed by the heeles And it will never goe well with your service untill some of them be hâ—nged up for examples to other The Proofes were these First The Bishop of London Lord Treasurer who declared that he remembred the words very well that the Lord Lievetenant had advised the King to cause the Ship-money to be gathered in but he remembred withall that both himselfe and all the Councell had done the like and that it was upon a present necessity and defect of money for entertayning the Army which the condition of the times considered they all conceived was by any meanes to bee kept on foote Secondly Alderman Wiseman declared that upon an humble Remonstrance made to the Councell-Boord the City would take it ill if a Tax-role should be delivered of their estates who were thought able for the Loan-money the Lord Strafford said they deserved to bee fined ransomed and laid by the heeles but for the words of hanging them up hee heard not at all Thirdly the Earle of Barkeshire declared that the Lord Strafford had said that upon the refusall of such a service enjoyned by the Kings peremptory command it was his Opinion they might be fined Fourthly Alderman Garway attested the preceding words and withall added that the Lord Lievetenant to his best remembrance had said It were well for the Kings service if some of theem were hanged up They closed the Charge That by such undutifull
That by such undutifull Councell and words hee had given more then sufficient proofe of his Designe and purpose to subdue this Kingdome and subvert the fundamentall Lawes and priviledges of the same The Livetenants Reply First That he had expected some proofs about the two Straffords Reply first particulars but did heare of none and that it was no small disadvantage to him to bee charged with a great many odious crimes by a booke printed and flying from hand to hand through the whole Kingdome yet when they came to prove there should bee no such thing layd against him Secondly About the Speeches Hee ingeniously confessed that some such thing might perhaps have escaped the dore of his lipps when hee saw their backwardnesse to his Majesties service and as the times were 〈◊〉 conditioned hee did not think it much amisse to call that faction by the name of Rebells But yet hee thought hee had abundantly satisfied for that oversight if it was any at Yorke For having understood there that the Citty of London were willing to make a Loan of mony he there before the great councell of the Peeres expressed himselfe to this sence That the Londoners had sufficiently made up all their delayes hitherto by their Act that the King was obliged to their forwardnesse and that hee himselfe should bee as ready to serve them as any poore Gentleman in England About the other words hee said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earle of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinall had given some such order as to leavy mony by forces This hee said hee only told the Lord Cottington standing by without the least application or intention concerning the English Affaires Cottington being examined upon this declared the same in the same manner Thirdly To Sir Ralph Freeman hee said that his testemony did not concerne the Charge at all nor did hee think any thing amisse in it though hee had said it if the servants of the Mint refused to worke according to directions they did deserve the house of correction nor was it Treasonable to say the King might use that house for the correction of his servants as well as any man in the Citty for theirs Fourthly Hee said that there was no great likelyhood that hee had committed reall Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had beene fully verified and therefore in that as in all other Articles hee reserved a power for his Councell to dispute in matter of Law They went to the twenty seveneth Article and charged thus That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England hee shewed what Principles of Arbitrary government lurked within his bosome for by his own immediate authority without and against Law hee had layd Impost of mony upon the Kings Subjects where they mention three particulars First That hee had imposed 8. d. per diem upon the County of York for enterteining the trayne Band there one whole Moneth Secondly That hee had sent out warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That hee said that it was a Crime nigh to the Crime of high Treason Not to pay the same Fourthly They added that in his generall Replyes hee had brought two things for his defence first that this mony was freely and Voluntarily offered by those in Yorke-shire secondly that the great councell of the Peers had notice of the same To the first they answered that a petition was indeede preferred by the Yorke-shire men and a Moneths pay offered but that the Lord Strafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way To the second they appeald to all the Lords present whether any such order did passe before the Councell of the Peeres at Yorke The Proofs were First A Warrant issued by Collonell Pennyman for this mony and anorher by Sâ—r Edward Osborne Secondly Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order and withall added that it might have passed at that time when heâ— attended at Rippon Thirdly Master Dunston who declared that hee had known that mony Levyed by some Musquetiers Fourthly By Sir William Ingram who declared that hee had heard the Livetenant say that to refuse the same came nigh to the Crime of high Treason They concluded the Chrage that by these particulars It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome and subvert the fundamentall Lawes and priviledges First To the Petition That it was a true Petition drawn Strafford's Reply up by the York-shire Gentlemen and as true that hee had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties comming to York it was thought necessary for the defence of that County to keep the Trayned Bond on foote because the Enemy was upon the borders and therefore the King directed him to write to all the free-holders in York-shire to see what they would do for their own defence The time and place were designed by the King but the night before the meeting a small number convented and in a private and factious way did draw up that petition upon the morrow at their appointed Dyet in presence of the whole number the Petition was presented to him where hee did advise them to leave out that clause and that because hee knew the King out of his own gracious disposition had intended to call a Parliament which he desired should rather be freely done then upon the constraint and Importunity of Petitions moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence and withall to petition for his favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of mouth to offer unto the King the moneths pay in their names which hee did accordingly in the presence of fortie of them to their no small advantage This hee proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savill Sir Thomas Danby who all of them declared as much in ample termes and withall added that nothing was done upon better grounds of necessity and obedience then the offer of that money and that they never had heard any man grudge against it to this time For the second about the councell of Peeres hee alleadged that hee never made mention of any order of theirs but hee remembered very well it was twice propounded before them that the King had approved it at that time
last with new matter or with supplementall Proofe hee might have leave to speake something in his owne Defence The Lord Steward answered It was all the reason in the world The Lievetenant went on thus MY LORDS This day I stand before you Charged with high-Treason My Lord Straffords last speech in the Hall the burthen is heavie yet farre the more in that it hath borrowed the Patrociny of the House of Commons If they were not Interessed I might expresse a no lesse easie then I doe a safe issue and good successe to the businesse but let neyther my weakenesse pleade my Innocence nor their power my guilt If your Lordships will conceive of my Defences as they are in themselves without referrence to eyther and I shall endeavor so to present them I hope to goe away from hence as cleerly justified as I am now in the testimony of a good Conference by my selfe My Lords I have all along my Charge watched to see that poysoned arrow of Treason that some men would faine have to be feathered in my heart and that deadly cup of wine that hath so intoxicated some petcy misalleaged Errors as to put them in the elevation of high-Treason but in truth it hath not beene my quicknesse to discern any such Monster yet within my breast though now perhaps by a sinistrous Information sticking to my cloathes They tel me of a two fold Treason one against the Statute another by the Common-Lawe this direct that consecutive this individual that Accumulative this in it selfe that by way of construction For the first I must and doe acknowledge that if I had the least suspition of my owne guilt I would spare your Lordships the pains cast the first stone at my self passe Sentence of condemnation against my selfe And whether it be so or not I refer my selfe to your Lordships judgement and Declaration You and only you under the favour and protection of my gracious Master are my Judges under favour none of the Commons are my Peeres nor can they be my Judges I shall ever celebrate the providence and wisdome of your noble Ancestors who have put the keyes of Life and Death so farre as concerns you and your posterity into your own hands not into the hands of your inferiours None but your own selves know the rate of your noble blood none but your selves must hold the ballance in dispencing the same I shall proceede in repeating my Defences as they are reduceable to these two maine points of Treason and for Treason against the Statute which is the only Treason in effect nothing is alleaged for that but the fifteenth two and twentith and twenty seventh Articles Here he brought the sum of all his Replies made to these three Articles before and almost in the same words as before only that testimony of Sir Henâ—y Vanes because it seemed pressing he stood upon it and alleaged five Reasons for the nullifying thereof First That it was but a single testimony and would not make Faith in a matter of Debt much lesse in a matter of Life and Death yea that it was expresly against the Statute to impeach much lesse to condemn him upon high-Treason under the testimony of two famous witnesses Secondly That he was dubious in it and exprest it with an as I doe remember and such or such like words Thirdly That all the Councell of eight except himselfe disclaime the words as if by a singular providence they had taken hold of his eares only Fourthly That at that time the King had levied no forces in Ireland and therefore hee could not bee possibly so impudent as to say to the King that hee had an Army there which hee might imploy for the reducing this Kingdome Fiftly That he had proved by witnesses beyond all exceptions Marquesse Hamilton the Lord Treasurer the Earle of Northumberland Lord Cottington Sir William Pennyman and Sir Arthur Terringham that there was never the least intention to land those Forces in England Hee went on So much for the Articles that concerne Individuall Treason To make up the Constructive-Treason or Treason by way of Accumulation Many Articles are brought against me as if in an heap of Felonies or Misdemeanors for in their conceit they reach no higher some prolificall seede apt to produce what is treasonable could lurke Here I am charged to have designed the ruine and overthrowe both of Religion and State The first seemeth rather to have beene used to make me odious then guilty for there is not the least proofe alleaged concerning my confederacy with the Popish-faction nor could there be any indeede never a servent in Authority beneath the King my Master was ever more hated and maligned by those men then my selfe and that for an Impartiall and strict executing of the Lawes against them Here your Lordships may observe that the greater number of the witnesses used against me eyther from Ireland or from Yorkeshire were men of that Religion But for my owne Resolution I thanke God I am ready every houre of the day to seale my disaffection to the Church of Rome with my deerest blood But my Lords give me leave here to poure forth the griefe of my Soule before you these proceeding against me seeme to be exceeding rigorous and to have more of praejudice then equity that upon a supposed Charge of my Hypocrisy or Errors in Religion I should be made so monstrously odious to three Kingdomes A great many thousand eyes have seen my Accusations whose eares shall never heare that when it came to the upshot I was never accused of them Is this fayre dealing amongst Christians but I have lost nothing by that Popular applause was ever nothing in my conceipt the uprightnesse and integrity of a good Conscience was and ever shall be my continuall feast and if I can be justified in your Lordships judgements from this grand imputation as I hope now I am seeing these Gentlemen have throwne downe the Bucklers I shall account my selfe justified by the whole Kingdome because by you who are the Epitomy the better part yea the very Soule and life of the Kingdome As for my Designe against the State I dare pleade as much Innocency here as in matter of my Religion I have ever admired the wisdome of our Ancestors who have so fixed the pillars of this Monarchy that each of them keepe a due proportion and measure with other and have so handsomly tyed up the nerves and sinnews of the State that the strayning of any one may bring danger and sorrow to the whole oeconomy The Praerogative of the Crowne and the Propriety of the Subject have such mutuall relations this takes protection from that that foundation and nourishment from this And as on the Lute if any one string be too high or too lowly wound up you have lost the Harmony so here the excesse of a Prerogative is oppression of pretended Liberty in the Subject Disorder and Anarchy The Praerogative must be used as God doth
to the Judicatorie that was sitting and not at all to meddle with the matter of fact The Lievetenant Replyed That in all humility hee did acknowledge that favour from the Lords and that it was such an one too as hee could not but expect from such Honourable Peeres and Just persons in whose integrity and goodnesse under that which hee had placed above hee had reposed his chiefest confidence for his councell they knew much better then himselfe what concerned the point of Discretion and Reverence and that hee doubted not but that they would give all satisfaction and obedience Then his Councell were called to the Barre Master Lane the Princes Attourney Master Gardiner Recorder of London Master Loe and Master Lightfoote Master Lane spake and much to this Sence and Purpose My Lords there is an heavy Charge lyeth on me and my fellowes nothing lesse then to defend the life the estate the Reputation yea the posterity of this Honourable person at the Barre If therefore wee shall bee more pressing we hope your Lordshipps will interpret this our forwardnesse to bee for Honour and Conscience sake in a matter that concerneth both so neerely But it shall bee our endeavour to carry our selves with our best respects to your Lordships and withall content and satisfaction to the honourable House of Commons and because your Lordships mentioned the matter of fact one thing I dare bee bold to say that all the time of this Noble Lords defences hee did not so much as crave any one of our opinions yea or acquainted us with any thing that tended that way And for the matter of Lawe those Statutes cited by himselfe were none of our stock but taken up at his owne adventure Nor doe I speake this to derogate from the pertinency of those Statutes for they shall be the subject of my discourse but that the Noble-man be not disappointed of your right conceptions and his own due praise My Lords It is your pleasure we meddle not with matter of Fact and indeede we neede not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Lawe doth so naturally arise out of the matter of Fact that of necessity under your Lordships favours wee must somewhat grate on this if we speake of that nor doe I conceive it possible for us to speake advantageously enough for the Lord Straffords just defence unlesse the whole matter of Fact be determined eyther as proved or not proved or at least some states of questions agreed upon where we may fixe and settle our Agreements and therefore it is my Lords that I have chosen not at all to touch the matter of Lawe untill your Lordships shall be pleased to chalke me out a way unlesse it be to cleere your judgements in one Statute only viz. 25. Ed. 3. because when the same was alleaged by the Lord Strafford in his owne Defence that not being convict of the Letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their own ends My Lords I will first speake of the Statute it selfe and then of its Salvo or Provision The Statute is That if any man shall intend the death of the King his Queene their Children Kill the Chancellor or the Judge upon the Bench imbase the Kings coyne or counterfeit the broad-Seale c. hee shall be convicted and punished as a Traytor that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged nor indeede it cannot bee with any reason All that can be said is that by Relation or by Argument a minore admajus he may be drawn thither yet that this cannot bee 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-Lawes but Lawes of Construction or Constitutive Secondly This is a poenall Lawe and such if our grounds hitherto unquestioned hold good can admit of no Constructions or Inferences for poenalties are to perswade the keeping of known Lawes not of Lawes conjecturall ambiguous and by consequence which perhaps the most learned may not in their disputes question much lesse the Subject who is not oblieged to interpret the Statute doubt of in the point of obedience yea rather without any doubt hee is to obey the Letter of the Statute and conceive and that truly that hee is not lyable to the Poenalty Thirdly We have a notable Lawe 13 Eliz. Cap. 2. whereby it is declared that the bringing in of Bulls from Rome to stirre up the Subject to Mutiny and Rebellion shall bee punished as Treason Now if by interpretation or by consequence this sence might have beene thrust upon the praeceding Statutes the making of this had beene supersluous yea the Persons then charged with that Crime might have beene impeached of Treason even before the making of this Act. Anno 21 of Ed. 3. Wee have a Statute declaring That for a servant to kill his Master is an Act of Treason and in the three and twentith yeere of the same King a Processe of Treason was framed against a man for killing his Father grounded upon the same Argument A minori admajus But it was found and the Sentence is yet in the Records that although in the 21 yeere of Ed 3. that Argument might have beene admitted yet in the 27 it could not by reason of the Declarative Lawe interveining in the 25 yeere and this Case comes very home to the point in Lawe My Lords I will not demand what kinde of offence it may be for a man to subvert the fundamentall Lawes of a Kingdome the Crime doubtlesse is unnaturall and Monstrous and the punishment must keepe the same proportion only I presume to offer these few things to your Lordships considerations First That one or more Acts of Injustice whether maliciously or ignorantly done can in no sence of Lawe be called the subversion of the fundamentall Lawes if so as many Judges perhaps so many Traytors It is very incident to mans nature to erre nor doth the Lord Sttafford pleade his innocency in oversights but in Treason Secondly I doe remember the Case of John de la Poole Duke of Suffolke this man in the twenty eighth of Henry the sixt was Charged by the house of Commons with Articles of Treason and those too very like to these against my Lord Strafford 1. That he had given the King bad advices 2. That he had embased his Coyne 3. That he had cessed men of warre 4. That he had given out summary Decrees 5. That he had Imposed Taxes 6. That he had corrupted the Fountains of Justice 7. That he had perswaded the King to unnecessary warre and to the giving over of
King the State the Lawes or Religion of this Kingdome but with my best endeavors to serve all and to support all So might God be mercifull to his Soule His words did justifie him more there then in Westminster Hall and made such a deepe impression in the hearers that a great many of those who cryed out for Justice against him after their fury was spent and their madnesse strewed with cold blood wished their tongues had beene cut out of their heads before they had opened their mouthes against him others most ignobly imputed this to his effronted boldnesse and are so perswaded of their own infallibility that they mervailed he beleeved not his Actions to be Errors vpon their Word and did not confesse their opinions of him to be truth it selfe A kinde of People they are beyond the cure of Bedlam and nothing but the whipping post or letting blood can doe them good or bring them remedy Vexatio tantum dabit Intellectum 't is nothing but sence will teach them judgement and affliction Charity and both these I feare are hastning on apace His Countenance was in a middle posture betwixt dejection and boldnesse a man may call it even courage and Innocence it selfe without any feare of Critticks nor could his very Enemies through their multiplying glasses perceive the least affectation of disguise in him never man looked death more stately in the face never man trembled more at his sinnes such were his contritions for his oversights and such his immovable confidence of Gods Pardon and his Mercy His Prayers ravished all the standers by that they could not judge whether to preferre his zeale or his poenitency yea the Primate of Ireland who is no complementer reported afterwards to the King that he had then first learned to make supplications aright to Godward and withall told his Majesty that he had seene many die but never such a white Soule this was his owne expression returne to ' its maker At which words the King was pleased to turne himselfe about and offer a teare to his Memory Tantorum mercede laborum And because mis-report about him and my Lords-Grace of Canterbury hath wandred as farre as Cambridge give me leave to adde the story of that mistake It was reported here by the divulgers of such slanders that a little before his death he had charged all his misfortunes oversights and misdemeanors upon the Arch-Bishop of Canterbury as the prime Author and had bitterly curst the day of their first acquaintance A pretty invention it was to charge the Axe againe and to furnish the People with lungs and voices to cry for another Sacrifice yea to staine this Martirs long white Robe with the Innocent blood of another Heroes Oh yee sonns of men How long will yee love vanity and seeke after leasing For this cause I was the more Inquisitive to learne out the truth of this particular and had it thus related to mee by a worthy divine Doctor Wimberly who dyning with my Lord of Canterbury the day after the Earle of Straffords Execution had it from his own mouth And my Lords grace it seems having heard of the mistake did at every period take the Lievetenant of the Tower then present his Attestation and Approbation That the Lord Strafford the night before the Execution had sent for the Lievetenant of the Tower and asked him whether it were possible hee might speake with the Arch-Bishop the Lievetenant told him hee might not doe it without order from the Parliament Master Lievetenant said hee you shall heere what passeth betwixt us it is not a time now either for him to plot Haerisy or me to plot Treason The Lievetenant answered that hee was limited and therefore desired his Lordship would Petition the Parliament for that favour no said hee I have gotten my dispatch from them and will trouble them no more I am now petitioning an higher Court where neither partiality can bee expected nor error feared But my Lord said hee turning to the Primate of Ireland then present what I should have spoken to my Lords grace of Canterbury you shall desire the Arch-Bishop to lend me his prayers this night and to give me his blessing when I doe go abroad to morrow and to bee in his window that by my last farewell I may give him thanks for this and all other his former favours The Primate having delivered the message without delay the Arch-Bishop replyed that in conscience hee was bound to the first and in duty and obligation to the second but he feared his weaknesse and passion would not lend him eyes to behold his last departure The next morning at his coming forth hee drew neere to the Arch-Bishops lodgings and sayd to the Lievetenant though I doe not see the Arch-Bishop yet give me leave I pray you to do my last observance toward his roomes in the meane time the Arch-Bishop advertized of his approach came out to the window then the Earle bowing himselfe to the ground my Lord said hee your prayers and your blessing the Arch-Bishop lift up his hand and bestowed both but overcome with griefe fell to the ground in Animi Diliquio The Earle proceeding a little farther bowed the second time saying Farewell my Lord God protect your Innocency To this relation the Lord of Canterbury added that it might perhaps seeme an effeminacy and softnesse unbecoming him to bee so cast down but hee hoped by Gods Assistance and his own Innocency that when hee came to his own Execution which hee daily longed for that the world should perceive hee had beene more sencible of the Lord Straffords losse then of his own and good reason it should bee so said hee for the Gentleman was more serviceable to the Church Hee would not mention the State then either himselfe or any of all the Church-men had ever beene And that there may bee a slaughter-Goat for the sinnes of the people in Scotland to wait upon this report they have fained another of the same meale that the Arch-Bishop of Canterbury casts back all his misdemeanors upon the Bishop of Ross as if either the Lord Strafford had beene tutored by the Ach-Bishop or hee by the Bishop of Ross in the King and Countryes service I did think that both of them had past their pupilage and could not have beene bended to execute the directions of any man living but only their own Masters but this is a faire advertisement to the Bishop of Ross to make himselfe the scape-Goat Hâ—â— fugenate Dâ—o Give me leave to adjoyne one thing more when hee was marching to the Scaffold more like the Generall in the head of an Army to breath victory then like a condemned man to undergoe the Sentence of Death the Lievetenant of the Tower desired him to take Coach for feare the people should rush in upon him and teare him in pieces No said hee Master Lievetenant I dare looke death in the face and I hope the People too have you a care that I
ever establish betwixt you and your Subjects Sir My consent herein shall acquit you more to God then all the world can doe beside To a willing man there is no injury done And as by Gods-grace I forgive all the world with a calmnesse and meekenesse of infinite contentment to my dislodging Soule so Sir I can give the Life of this world with all cheerefulnesse Immaginable in the just acknowledgment of your exceeding favours and only beg that in your goodnesse you would vouchsafe to cast your gracious Regard upon my poore Sonne and his three sisters lesse or more and no otherwise then their unfortunate Father shall appeate more or lesse guilty of this Death God preserve your Majesty Your Majesties most Humble and Faithfull Subject Servant STRAFFORD Tower May 9. 1641. The Petition of THOMAS Earle of Strafford to the right-Honorable the Lords Spirituall and Temporall in the Parliament at Westminster 1641. Sheweth THAT 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 fraile Nature He shall in all Christian patience and Charity conforme and submit to that 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 returne your Lordships most humble thanks for your noble Compassion towards those Innocent Children who now with his last blessing he commits to the protection of Almighty God beseeching your Lordships to finish your pious Intentions towards them and desiring that the reward thereof may be given you by him who is able to give above all that we are able either to aske or thinke wherein I trust the honorable House of Commons will afford rheir Christian assistance And so beseeching your Lordships charitably to forgive all his omissions infirmities he doth heartily and truly recommend your Lordships to the Mercies of our heavenly Father that for his goodnesse he may protect you in every good work Amen There was a foolish ridiculous and scandalous Speech printed which was pretended to have been spoken by the Earle of Strafford to certaine Lords before his comming out of the Tower which is protested against and avowed to be false by the Lord Primate of Ireland E of Cleveland E of Newport Lo. Rich Sir William Bâ—lfoure Sir William Wentworth Sir George Wentworth Dr. Carre Dr Price De Mortuis nil nisi verunt The Paper conteining the Heads of the Lord Straffords last Speech written with his own hand as it was left upon the Scaffold falling out of his Bosom 1. Come to pay the last Debt we owe to sinne 2. Rise to Righteousnesse 3. Dye willingly 4. Forgive all 5. Submit to Justice but in my intentions Innocent from subverting c. 6. Wishing nothing but good Prosperity to King and People 7. Acquit the King constreined 8. Beseech to Repent 9. Strange way to write the beginning of Reformation and settlement of a Kingdome in blood 10. Beseech that demand may rest there 11. Call not blood on themselves 12. Dy in the Faith of the Church 13. Pray for it and desire their Prayers with me A true-copy of his Speech delivered on the Scaffold My L. Primate of Ireland IT is my very great comfort that I have your Lordship by me this day in regard I have beene known to you these many yeares and I doe thank God and your Lordship for it that you are heere I should bee very glad to obteine so much silence as to bee heard a few words but I doubt I shall not the noise is so great My Lords I am come hither by the good will and pleasure of Almighty God to pay that last debt I owe to sinne which is death and by the blessing of that God to rise again through the mirrits of Jesus Christ to righteousnesse and life aeternall Heere hee was a little interrupted My Lords I am come hither to submit to that Judgement which hath passed against me I do it with a very quiet and contented minde I thank God I doe freely forgive all the world a forgivenesse that is not spoken from the teeth outwards as they say but from the very heart I speake it in the presence of Almighty God before whome I stand that there is not a displeasing thought arising in me towards any man living I thank God I can say it and truly too my conscience bearing me witnesse that in all my imployment since I had the Honour to serve his Majestie I never had any thing in the purpose of my heart but what tended to the Joynt and Individuall prosperity of King and people although it hath beene my ill fortune to bee misconstrued I am not the first that hath suffered in this kinde it is the common portion of us all while wee are in this life to err Righteous Judgment wee must wait for in another place for heere we are very subject to bee mis-judged one of another there is one thing that I desire to free my selfe of and I am very confident speaking it now with so much cheerfullnesse that I shall obteine your Christian charity in the beliefe of it I was so farre from being against Parliaments That I did allwayes think the Parliaments of England were the most happy constitutions that any Kingdome or Nation lived under and the best means under God to make the King people happy For my Death I heere acquit all the world and beseech the God of Heaven heartily to forgive them that contrived it though in the Intentions and purposes of my heart I am not guilty of what I dy for And my Lord Primate it is a great comfort for me that his Majesty conceives me not merriting so severe and heavy a punishment as is the utmost execution of this Sentence I do infinitly rejoyce in this mercy of his and I beseech God returne it into his own bosome that hee may find mercy when hee stands most in neede of it I wish this Kingdome all the Prosperity and happinesse in the world I did it living and now dying it is my wish I doe most humbly recommend this to every one who heares mee and desire they would lay their hands upon their hearts and consider seriously whether the beginning of the happinesse and reformation of a Kingdome should bee written in Letters of blood consider this when you are at your homes and let me be never so unhappy as that the last drop of my blood should rise up in Judgement against any one of you But I feare you are in a wrong way My Lords I have but one word more and with that I shall end I professe that I dy a true and obedient Sonne to the Church of England wherein I was borne and in which I was bred Peace and prosperity bee ever to it It hath beene objected if it were an objection worth the answering that I have beene inclined to Popery but I say truly