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
give Notice of it to this House Sir George Ratcliff being already sent for by Order of this House upon an Information of High Treason Resolved upon the Question That the Earl of Craford's Troop and those other Officers in the Army that go under the Name of Reformadoes are unnecessary Charge and fit to be spared and that my Lord General be moved by Message from this House thereunto Resolved That those Companies or other Officers that shall be thus Casheer'd by the Lord General shall be paid to the Eighth of December next Tuesday December 1. 1640. A Message from the Lords by Baron Trevor and Iudge Bartley The Lords have sent Us to this House to desire a present Conference in the Painted Chamber with the same Committee that was concerning the matter of the free Conference Yesterday Answer returned by the same Messengers This House has taken into Consideration the Message of the Lords and they return this Answer That they will give a meeting presently as is desired Mr. Pym Reports from the Conference this day That the Lords Committee with whom we had a free Conference Yesterday took the Matter into Consideration and their Resolution is That such Members of the House of Commons as they shall make choice of shall be present from time to time at the preparatory Examinations concerning the Earl of Strafford The Lord Keeper expected we should say something We told them We had no Warrant for a Conference was desired concerning the matter of free Conference and that a free Conference was not desired the Question they would have been satisfied in was Whether we did intend to have the Examinations taken publick in the House or by a private Committee I answered We had no Commission for a free Conference The same Committee that were appointed to draw up the Charge against the Earl of Strafford are to be present at the Preparatory Examinations of Witnesses before the Lords to present such Questions unto the Lords as they shall think fit thereupon and after a full Examination to present the whole state of the business to this House A Message to be sent to the Lords to acquaint them that the House is ready by some Members of this House to present divers Witnesses to be examined and such questions as they shall desire that those Witnesses so propounded by them may be all examined one after another with speed and secresie Thursday morning is peremptorily appointed for Sir George Ratcliff to appear here and if he come not then a Message is to be sent to the Lords to desire them to move His Majesty for a Proclamation to be ordered against him to bring him in Power is given to the Committee that is to be present at the preparatory Examination of Witnesses before the Lords to summon such Witnesses to be examined to morrow as they shall think fit Mr. Maynard's Report from the Conference Yesterday The Lords said They had taken the Message into Consideration sent by Mr. Pym some things were Resolved others not and for that purpose desired a free Conference whereas we did desire to examine some Members of this House they were ready to examine them when we should require They answered That the Peers of their House that shall be desired and all the Assistants of that House when they shall be thereunto required shall be examined upon Oath and next for the time and secresie They said they should be speedily examined and Examinations secretly kept Thursday December 3. 1640. A Message brought from the Lords by my Lord Chief Justice Littleton and Judge Bartley That according to a desire of this House by a late Message they have deputed certain of their Members to take the Examination of Witnesses in the Case of the Earl of Strafford which they will be ready to perform in the presence of such Members of this House as shall be deputed to that purpose Ordered That the Earl of Kildares Petition presented to the Grand Committee for Irish Affairs be referred to the Sub-Committee for those Affairs Friday December 4. 1640. Ordered That those Members of this House that be appointed to be present at the preparatory Examinations before the Lords be required to declare that by their Duty they owe to this House they are obliged to keep all those Examinations secret Those Eight appointed for that Service did make all of them Protestations to that purpose Ordered That those Eight or any Four of them may be present at the preparatory Examinations before the Lords Mr. Selden Mr. Dutton Mr. Crew Sir Peter Hayman Sir Harbottle Grimston Sir Henry Anderson Sir Nevil Poole Sir Thomas Barrington Saturday The Petition of Richard Heaton and Lyonell Farrington were read and Farrington called in did avow his Petition the Petitions are referred to the Committee appointed to draw up the Charge against the Earl of Strafford to make use of it if they shall see Cause December 26th 1640. Ordered That the Committee appointed to draw up the Charge against the Earl of Strafford shall have Power to examine Witnesses concerning Sir George Ratcliff and to prepare a Charge against him and to present it to this House Tuesday December 29th 1640. The Articles against Sir George Ratcliff Read Resolved upon the Question That this House shall Accuse Sir George Ratcliff Knight of High Treason in the Name of all the Commons of England That these Articles thus Read shall be the Ground of this Accusation That a Message shall be sent forthwith to the Lords to Accuse Sir George Ratcliff Knight of High Treason in the Name of this House and of all the Commons of England and that very speedily they will bring Articles against him Resolved upon the Question That the Articles prepared by the Committee against Sir George Ratcliff and Read here shall be engrossed against to morrow to be sent to the Lords as a Charge against him A Message sent from the Lords by the Master of the Rolls and Judge Reeves The Lords have Commanded Us to say to You That whereas there came a Message from this House to Accuse Sir George Ratcliff of High Treason They would know Whether they should presently take care to make safe his Person Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will forthwith return them Answer by Messengers of their own Mr. Pym went up to the Lords to acquaint them that this day the House of Commons gave no Instructions to their former Messengers concerning the Committing of Sir George Ratcliff because his Person is already in safe Custody in the Gate-house and they intended to have acquainted their Lordships with it when they had produced the Articles against him which would have been very shortly but since they are prevented by their Lordships they refer what to do in it to their Lordships Mr. Pym brings Answer from the Lords of his Message That concerning
the safe Custody of Sir George Ratcliff they had sent for him and had taken Order in it and touching the receiving of the Examinations in this Cause there should be the same course observed in them as was in the Earl of Strafford Thursday December 31. 1640. The Articles against Sir George Ratcliff by former Order ingrossed were twice Read And then it was Resolved upon the Question That these Articles thus ingrossed and read shall be sent up to the Lords by the Commons Assembled in Parliament in maintenance of their Accusation of Sir George Ratcliff whereby he standeth Charged of High Treason And it is Ordered That Mr. Pym go up with these Articles Resolved upon the Question That a Message be sent forthwith to the Lords to desire a Conference of both Houses concerning Articles exhibited in maintenance of the Charge against Sir George Ratcliff Sir Iohn Strangways went up with this Message It was moved That the House would think of some Answer to the Lords concerning the Charges against the Lord Archbishop of Canterbury and the Earl of Strafford delivered from the Scottish Commissioners at a Conference by a Committee of both Houses Monday Ianuary 4th 1640. Ordered That a Conference be desired with the Lords to morrow morning concerning the state the disorders and dangers of the new levied Irish Army and to present them to their Lordships and to desire them to join with the House in a Petition to His Majesty for the disbanding of that Army The Committee appointed for the Earl of Strafford's business are to prepare the Heads of this Conference and the Members of this House are required to bring into this Committee between this and to morrow morning such Informations as shall come to their Hands conducing to these matters Sir Walter Earle and Sir Iohn Clotworthy are to manage this Conference It was likewise moved That at this Conference Considerations might be had of the great Resort daily made to the Earl of Strafford Mr. Nathaniel Fines is to go up to morrow morning with a Message to the Lords to desire a Conference with their Lordships concerning the Disorders and Inconveniences of the new levied Irish Army And to desire a free Conference concerning those Declarations presented by the Scottish Commissioners against the Lord Lieutenant and the Lord Archbishop of Canterbury as Incendiaries Sir Peter Hayman to go up with this Message The Subject of his Conference to be to present to the Lords that it may be made known to the Lords Commissioners that the Scottish Commissioners be desired to bring in their Proofs against the Lord Lieutenant and the Lord Archbishop of Canterbury to the end the Parliament may proceed to Judgment Tuesday Ianuary 12th 1640. Ordered That the several Petitions of Sir Henry Wallop the Lord Viscount Nettersfield be referred to the Sub-Committee formerly appointed by the Grand Committee for Irish Affairs for the business of Sir Henry Wallop because there is something in those Petitions that will materially conduce to the Charge of the Earl of Strafford Ordered That the Committee appointed to prepare some fit way of Representing to the Lords the four Irish Causes formerly Reported here viz. That of the Lord Mountnorris the Lord Dillon Lord Viscount Ely and the Earl of Kildare do sit Friday Ianuary 15th 1640. Ordered That the Committee appointed to draw up the Charge against the Earl of Strafford shall desire to have the Depositions that are yet sealed up delivered unto them and may add and insert such particular Instances and other Circumstances as they in their Discretions shall think fit to the several Articles delivered in Charge against the Earl of Strafford according to the saving in the conclusion of those Articles and that they present the whole matter to the House on Monday morning next Saturday Ianuary 16th 1640. Mr. Pym went up to the Lords with a Message to this Effect To desire their Lordships That those Examinations which at the Request of this House were taken in the Case of the Earl of Strafford by the Lords deputed to that purpose may be delivered to the Commissioners of this House appointed to draw up the Charge against the Earl that they may make use of them for the enlarging of their Charge in particularities of Evidences according to the Clause of Resolution in the conclusion of the said Charge and likewise to make a Declaration That howsoever by the Course of Parliament this House might proceed with the Charge in general yet to avoid all scruples and to bring the business sooner to a conclusion they do desire to conclude in this way Saturday Ianuary 23. 1640. Mr. Selden Mr. Palmer Mr. Whitlock Mr. Maynard By Order are added to the Committee that are to draw up the Articles against the Earl of Strafford Thursday Ianuary 28th 1640. The further Impeachment of Thomas Earl of Strafford by the Commons Assembled in Parliament was this day read Friday Ianuary 29th 1640. Ordered That the Consideration of the Commission granted to the Earl of Worcester and his eldest Son the Lord Herbert and some Commissions by them granted to others for the levying of Forces in the several Counties of England and Wales and all the Circumstances depending thereupon be referred to the Committee to draw up the Charge against the Earl of Strafford and to consider of the Magazine in Sir Piercy Herbert's Custody Saturday Ianuary 30th 1640. The further Impeachment of Thomas Earl of Strafford was again read and the Title of the Impeachment and every Article and the Conclusion were every of them particularly put to the Question and were every of them assented unto and Resolved upon the Question And afterwards it was Resolved upon the Question That these Articles being engrossed shall be forthwith sent up to the Lords Ordered That Mr. Hambden go up with a Message to the Lords to desire a Conference with their Lordships presently if it may stand with their Lordships Occasions by a Committee of both Houses touching the further Impeachment of Thomas Earl of Strafford Mr. Pym is to manage this Conference and Mr. Maynard is to be Assistant to him Mr. Pym acquaints the House That according to their Command he had delivered unto the Lords the Articles for the further Impeachment of Thomas Earl of Strafford Ordered That the Thanks of this House be given to Mr. Pym and to the whole Committee for the great Service they have done this House in the great pains they have taken in preparing and drawing up the Charge and Articles against Thomas Earl of Strafford Tuesday February 16th 1640. Sir Philip Stapleton went up to the Lords with a Message to desire a Conference with their Lordships by a Committee of both Houses presently if it may stand with their Lordships Occasions concerning the Earl of Strafford Resolved upon the Question That the Heads Reported by Mr. Pym from the Committee appointed to prepare the Heads of the Conference to be desired with the Lords
concerning the Earl of Strafford shall be Heads of that Conference and that Committee is to manage the Conference Sir Philip Stapleton brings Answer from the Lords That their Lordships do expect His Majesty at their House this Morning and that so soon as His Majesty shall be gone they will send Answer by Messengers of their own Thursday February 18th 1640. The Lords desired a Conference by a Committee of both Houses concerning the Sequestring of Thomas Earl of Strafford from his Offices presently in the Painted Chamber if it may stand with the conveniency of this House To which Answer was returned That they will give a meeting presently for a free Conference Mr. Pym Reports the free Conference Upon Mr. Pyms Report It was Ordered That this Committee viz. Sir Walter Earle Sir Io. Culpepper Mr. Hollis Mr. Solicitor Mr. Vaughan Mr. Hyde Mr. Pym Mr. Maynard Mr. Selden Mr. Palmer Mr. Whitlock Sir Simon D'Ewes Mr. Whistler Mr. Glyn and Mr. Hampden Do take into Consideration the whole matter of the Report of the free Conference now made by Mr. Pym and also what concerns the Right of the Commons in the Proceedings in the Lords House against the Earl of Strafford and what Concerns the Kingdom in general and the Legality of these Proceedings and they are likewise to Consider What is fit for the Commons to claim in Causes of Impeachment and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber Friday February 19th 1640. That the Committee for the Earl of Strafford shall have Liberty to open all Letters directed to Sir George Ratcliff and if they find it worthy the knowledge of the House they are to acquaint the House therewith Ordered That the Committee appointed to consider of the Proceedings in the Lords House against Thomas Earl of Strafford do meet this Afternoon at Two of the Clock in the Treasury Chamber Tuesday February 23. 1640. A Message from the Lords desiring a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the convenience of this House concerning the Conference that was Yesterday touching the Proceedings against Thomas Earl of Strafford Answer returned by the same Messenger That this House hath taken into Consideration their Lordships Message and will give a meeting for a free Conference as is desired Mr. Glyn Reports from the Conference That the Lord Keeper delivered the Lords Answer in these words viz. First That We shall admit him no further use of Council than the necessity of the Case for his just Defence requireth and wherein Council may with the Justice and Honour of this House be afforded him Secondly That there shall be no delay in Proceedings but all Expedition used according to their own desires Wednesday February 24th 1640. A Message from the Lords desiring a Conference by a Committee of both Houses touching the Answer of Thomas Earl of Strafford presently if it may stand with the Conveniency of this House Answer returned by the same Messengers That this House will give a meeting presently as is desired Mr. Solicitor Mr. Maynard Mr. Pym Mr. Reynolds Mr. Palmer and Mr. Hampden Are appointed Reporters of the Conference Mr. Solicitor Reports from the Conference That Yesterday was the day the Lords had prefixed for my Lord of Strafford to give in his Answer that accordingly he was there and had given it in and that this Answer which now they had delivered to the Commons was the Answer which the Earl of Strafford was to stand or fall by The engrossed Answer and a Copy of it were both delivered in by the Reporters and was desired that when the Copy was perfectly examined the Original might be delivered to the Clerk of their House Ordered That Mr. Speaker be here this Afternoon at One of the Clock and that the Earl of Strafford's Answer may then be read and considered of The same day in the Afternoon the several Articles of the further Impeachment of Thomas Earl of Strafford by the Commons were all read and to every of the said Articles the particular and several Answers of the said Earl were likewise read The Answer held three hours reading being above 200 sheets of Paper too long to be here inserted yet take an exact Abstract of the said Answer to the Articles exhibited against him which are as followeth Answers to 28 special Articles To the First Article he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir Iohn Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he
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
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 The Article was opened by the Manager THomas Hibbott's Petition to my Lord of Strafford was read setting forth That Sir Thomas Hibbot's being seized of certain Land conveyed the same to the use of himself for life after death to the Petitioner in Tail and divers Remainders over That Sir Thomas of the said Lands became seized for life and died the Petitioner being in England and not knowing of the Conveyance That Dame Mary Hibbots Iohn Hoy her Son and others taking advantage of his absence combined to get the Deeds touching the Lands into their hands That they caused one Booky to come into England to perswade the Petitioner to go into Ireland and he went accordingly and was brought to the place of the said Ladies abode who pretended that she had an estate in the Lands during life That by this means before he could be advised he was drawn to contract for the Lands at half value and he entred into Bond to perform Agreements That the Petitioner was more willing thereunto in respect of a desire to buy other Lands of Iohn Martin's and agreed for it and was to receive 1800 l. of the said Lady which Martin was to receive and the greatest part paid out at the time and place appointed That a Deed-Poll was drawn from him to Seal to and acknowledge a Fine and deliver Security for great part of the purchase-money That notwithstanding a Fine acknowledged and Security given up the Lady Hibbots refused to let Martin have the said money and so the Petitioner disappointed of the Bargain and therefore prays that the Evidences Deed-Poll Fine and Bond might be delivered up and the Agreement discharged being surreptitiously obtained The Lord-Deputies Warrant was subscribed and read bearing Dated 15. October 1635. viz. That the Lady Hibbot c. should on sight thereof forthwith deliver the said Deeds c. to Sir Paul Davis and to appear at Council-Table the 20th of this instant October The Manager observed That the Petition was preferred in the name of Thomas Hibbots though in truth he had never knowledge of the exhibiting of it and that the first Bargain with the Lady Hibbots was made 22. September 1635. the Petition exhibited 15. October 1635. The Decree was read Iohn Hoy attesting it to be a true Copy wherein the Petition is recited and the time and it is set forth that the Courts of Justice were not then open that the Petitioner being a Stranger it was not fit he should long attend That the Defendants denied the fraud charged To which the Plaintiff Replied the Defendants rejoin time given to examine Witnesses and a day for hearing set down That at the hearing it appears the said Lady brake into her deceased Husbands Study possest her self of the Deeds and Writings That Booky was sent over as might be conceived to circumvent the Plaintiff That getting him to her house she contracted with him for 1600 l. before he knew of the value that understanding it to be worth 2250 l. he refused to proceed and then the Lady raised the price to 2500 l. That by not payment of a part of it the bargain with Mr. Martin the cause of his treaty with the Lady was disappointed That the Lady pretended an Estate for life in the Lands when she had only an Estate in part for 99 years if she lived so long and no Estate in other parts thereof which the Plaintiff knowing not of could not suffer a Praecipe quod reddat without her joyning whereas being but Lessee for 99 years he might That it appears by the Deeds that the Plaintiff intended not to sell the Lands for that he knew them not as appeared by Circumstances which the Order doth more particularly set down That the criminal part should be reserved to be made use of by the King's Council that for the civil part the said Bargain was Ordered to be void That the Fine not yet recorded but remaining unreturned shall be cancelled if the Plaintiff shall require it And the Lady to have only such Estate as she had before and no other And both Parties are hereunto to yield Obedience 24. November 1635. Adam Loftus Chancellor Ormond Valentia Moore Dillon Sherley Lowther Wainsford Manwareing Tiringham George Ratcliffe The Manager opened the Nature of the Cause observed the particular parts of the Order shewing that there was a Conveyance executed a Fine levied though not returned by his Order no Witnesses examined though she denies the Fraud and Arguments are made to convince her by observation of circumstances and so concluded to overthrow a Bargain in October before That it is pretended to be when the Courts of Justice were shut though it was heard in full Term 24. November 1635. the Term there beginning as in England but adjourned to the 2. of November and the said Order was contrary to the Vote of the Council-Board That when that Bargain was overthrown the Lands were purchased by Sir Robert Meredith and others for 3000 l. to the use of the Earl of Strafford and he sold them back to the Lady Hibbots for 7000 l. That when this Petition was preferred Thomas Hibbots desired to be gone and have his money applies himself to Sir William Parsons for advice Whether he might not withdraw his Petition he sends him to Sir George Ratcliffe Sir George opposes it the Petitioner goes to my Lord of Strafford and he tells him Do not withdraw your Suit 500 l. more in your purse will do you no hurt Iohn Hoy was first produced as a Witness and sworn My Lord of Strafford offered to their Lordships Consideration that the Witness is to have the Inheritance of the Lands and so swears directly for himself But the Manager Answered That if he shall have the Inheritance his Lordship knows the terms he hath paid 7000 l. for it And Mr. Maynard added that if the Decree were of force against him it were something but the Land is since paid for and whether the Decree be good or bad he can neither lose nor win by it for he comes in as a Purchasor Yet my Lord of Strafford prest it that the Witness complained and seeks Relief against the Decree But the Manager Answered It was for his Mother not for himself though upon my Lord Stewards
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
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
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
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
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 ãâã the ãâã of ãâã ãâã in ãâã but that the further Proceedings shall be ãâã ãâã ãâã as is now ãâã 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
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
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
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
by hear-say he was a Member of the House when I had the Honour to serve I heard the expression of Sir George Ratcliffe at that time And the common voice was that he was under restraint but I saw him not Being asked whether there was any other occasion of these words but his said Vote He answered Truly My Lords I can apprehend none 4. Being asked whether he heard Sir George Ratcliffe threaten Sir Pierce Crosby in Parliament He answered I heard Sir Pierce Crosby speaking against a Bill in Parliament and as soon as he had sate down from speaking against the Bill Sir George Ratcliffe said to him That is not Privy-Councellor like or to that purpose I heard him To the point of Sir Pierce Crosbies being sequestred from the Council upon his speaking in Parliament The Lord Ranulagh being sworn was interrogated whether about the 10th year of the King he knew Exception to be taken against Sir Pierce Crosby for delivering his Opinion in Parliament and what proceedings were against him thereupon He answered My Lords to the best of my remembrance Sir Pierce Crosby being a Privy-Councellor in Ireland was charged at the Council-Board for Voting against a Bill that was transmitted by the Lord Deputy and Council and hereupon the Opinion of the Board was asked and by the advice of that Board Sir Pierce Crosby was sequestred from the Council This is as much as I can remember 2. Being asked by whom he was sequestred He answered By the Deputy and the Council 3. Being asked who began the Question He answered My Lord Deputy charged him My Lords I humbly desire that my Lord Ranulagh may be asked whether when things are handled at the Council-Table the Deputy be not the man that propounds them to the Council or no not as a party complaining but as belonging to the duty of his place And how he behaved himself in that business To which the Lord Ranulagh being interrogated Answered It is the constant course for the Deputy to propose the things that be brought to the Board and seldom doth any of the Council propound any thing but the Proposition comes from the Deputy But being further asked on the Committees motion whether this of Sir Pierce Crosbies came to the Board by motion of my Lord alone or that any other moved him in it or conveyed it to him He answered I cannot charge my memory where it had beginning but as I remember My Lord Deputy Wandesford that died last and Mr. Wandsford and Sir George Ratcliffe were movers of it but whether it moved originally from them or from my Lord himself I know not I rather believe it proceeded from my Lord Deputy as being proper for him The Lord Mountnorris sworn and interrogated whether he was present at Council-Table when Sir Pierce Crosby was sequestred from Council-Table and for what Reasons he was sequestred He answers I was then present at Board and he was removed on Complaint made by Sir George Ratcliffe at the Board touching his Voting of a Bill in Parliament And when he said it was not spoken like a Councellor he said he would answer it to him that made him a Councellor That was the effect as I can remember of his Accusation and there were several others that testified the same words that Sir George Ratcliffe accused him of and that was the reason he was sequestred by most Voices at Council-Table though he had many Votes with him And being further asked what my Lord of Straffords Vote was He answered It was for his Sequestration Mr. Nicholas Barnewell sworn Being asked whether for his delivering his Opinion in Parliament Sir George Ratcliffe did ask whether the said Mr. Barnewell's house was capacious to receive 500 men to be laid upon him intimating thereby that he must look for Soldiers to be laid upon him for that reason He answered There was a Debate in the House concerning certain Boroughs sequestred from the House by reason of a Judgment in the Exchequer which the House conceived an Erronious Judgment and were of Opinion that the old Boroughs should be called in I was of that Opinion Sir George Ratcliffe was of another Opinion and would have another question debated And coming out of the House he asked me Will not your House hold Five hundred men I answered you know what my house will hold as well as my self and I smiling at it he answered But it is no laughing matter you shall have 500 men laid on you I desire it may be asked when this was spoken He answered It was in November last and that my Lord of Strafford was not then in the Kingdom Mr. Pym observed That the Spirit of my Lord of Strafford could move in Sir George Ratcliffe wheresoever it was spoken And Mr. Barnewell added it was done in November then last In the next place We shall shew the untruth of that part of my Lord of Straffords Preamble that says The Soldiers in Ireland are disposed with so much contentment to the People that they are no burden to them Mr. Egor was called for a Witness and Sworn Being interrogated whether he knew of any Soldiers Billetted in Dublin whether they were not a Grievance whether that City hath not a special Charter of Exemption He answered May it please Your Lordships the City of Dublin doth bear the Charge of 40 Horse and pays to them 45 l. a month for Billetting which is conceived they should not bear in regard they have a Charter that says Nullus Mareschallus Capiat hospitium intra Civitatem and therefore they conceive it a heavy burden and it is as much as a Subsidy And another part of the City standing in another County pays 10 l. a month so they pay in all 55 l. a month I humbly desire he may be asked whether before my Lord of Straffords time and as long as he can remember The Lord-Deputies Foot-guard and Horse-Companies were not Billetted in Dublin He answered To the Foot-guard when my Lord of Faulkland was there they gave Lodging continually but it was never drawn to matter of money And till now we had never Horse upon us except it were for a month or so In the next place We humbly desire the Remonstrance of the Nobility and the House of Commons in Ireland might be read as Testimonies of my Lord of Straffords Justice I desire to know whether questions are to be asked of matters not contained in the Charge as the Remonstrance is not My Lords The Subverting of the Laws and Corruption in Government and Justice is generally laid in the Charge and he hath answered that he hath administred Justice with Integrity And this we produce to shew That the frontespiece of his Answer is in that part untrue To prove the Truth of the Copy of the Lords Remonstrance now produced the Lord Digby of Ireland was Sworn and he on his Oath said That the Copy
was delivered him at his coming over by the Clerk of the Lords House in Ireland to be brought over hither by Order of the Lords there And the Lord Baltinglasse Deposed That he knew it to be the Clerks hand and they were both present at the Voting of it The same was read bearing date February 22. 1640. The Protestation and Declaration of the Lords Spiritual and Temporal in Parliament Assembled We desire to apply it to disprove part of the Preamble of my Lord of Straffords Answer I desire my Lord Digby may be asked whether he gave his Vote to this Protestation We produce it not as the Act of any particular man but of the Lords Your Lordships may observe that this is fallen out since my Impeachment of High Treason here And that it is followed by Faction and Correspondence as in time might be made appear if I could undertake it and a strong Conspiracy against me My Lords These words are not to be suffered Charging the House of Commons with Faction Correspondency and Conspiracy We desire Your Lordships Justice in this God forbid I should think there was or could be any thing in that House or any Member of it but that which agrees with Truth and Justice and Equity I must profess to Your Lordships I had no Reflection or Intention either upon the Lords House there or upon the Honourable House of Commons here but upon certain Persons that are not Members of the House here that have Correspondency with them in Ireland that are not Members of the House there We must consult with the House of Commons concerning the prosecution of this Exception to his words and in the mean time we will reserve it to our selves and so we shall proceed We desire the Remonstrance made by the House of Commons in Ireland being deposed unto by Patrick Gough That about February 25. it was delivered him sealed up in a box with other things before his face being called on by the House to be brought to the Committee for Irish affairs in England may be read Which Remonstrance was read accordingly Your Lordships may observe That my Lord of Straffords glorious Declaration of his own Merits was confuted by the whole Parliament and that the whole sum of the Charge is confirmed by the Testimony of all Ireland To the point of Revenue of Ireland for the contradicting of my Lord of Straffords Affirmation That Ireland supporteth its own Charge Sir Edward Warder produced and Sworn was interrogated when the last money was sent out of this Kingdom for support of His Majesties Affairs of Ireland He answered The last money sent over for payment of the Army there was in the Term of Easter 1621. and it was 10000 l. in full of 20000 l. for one whole years charge beginning the first of April 1619. and ending the last of March following which was 17 Iac. Being interrogated whether since that time the State here hath been actually charged with the Affairs of Ireland He answered Nothing hath been issued out of the Receipt of His Majesties Exchequer for the Maintenance of Ireland since this time only such moneys as have been lately issued for the Army and what hath been issued to the Treasurer of the Navy and the Officers of it for the maintaining of Ships on the Coast but otherwise no money hath been issued as a constant setled thing out of the Receipt of His Majesties Exchequer for any thing arising since the last of March 1620. I desire he may be asked what was since issued for the Navy We admit that the Charge of the Navy continued divers years after yet a few years before my Lord of Straffords Government it was taken off too The Manager did so open it and Sir Edward Warder did in effect set it forth so Therefore that question was waved Sir Robert Pye produced and Sworn to that point of Revenue and being interrogated to the same purpose Answered No money hath issued out of the Receipt but as Sir Edward Warder delivered it and I know of no other money but only for the Maritime parts something hath been paid to the Treasurer of the Navy And besides the 50000 l. of late I know not any The Lord Mountnorris was called upon and being asked whether the Charge of 7000 l. a year for the Navy of Ireland was not taken off a year before my Lord of Straffords Government He answered I cannot say the sum was 7000 l. But two of the Whelps employed there before my Lord of Strafford came to the Government were defrayed whether wholly or in part I cannot tell but they had good large sums of money and were paid in the Kingdom I desire my Lord Mountnorris may be asked whether when I came to the Government the constant Charge did not exceed the constant Revenue and how much It is true the Irish gave sixscore Thousand pounds towards the Charge so that the Supply came out of Ireland though not out of the constant Revenue of Ireland but it came not out of this Kingdom He further answered the Constant Revenue did not do it There was a Contribution by Loan from the Country to supply it but before my Lord of Faulkland went over I heard my Lord of Middlesex tell him They must look for no more money England had nourished Ireland long enough she must now live upon her own Milk The reason why money did not go out was because 120000 l. was supplyed by a Contribution notwithstanding which when he came to serve the King in that Kingdom the Crown was indebted very near 100000 l. Sterling He hath received 300000 l. for Subsidies It will Appear on Accompts to be bestowed faithfully and justly every penny for the King To the point of my Lord of Straffords taking of 24000 l. of the Kings money and disposing it for a year and a half notwithstanding His Majesties Wants and the Necessities of the Army Sir Adam Loftus Vice-Treasurer produced and Sworn was interrogated whether my Lord of Strafford had not 24000 l. out of the Kings Revenue and how long time and when was it paid in He answered My Lord of Strafford and Sir George Ratcliffe had never a penny out of the Exchequer but on such Warrants as I durst not deny them for their due Entertainment and other things importing His Majesties Service But I must confess that they being Partners in the Customs some moneys were to be paid for the profits of the Customs which were in arrear and Sir George Ratcliffe moved me to give discharges for it and he would give me my Lord Lieutenants Bond and his own for paying of it upon demand which I accepted of and accordingly did give those discharges Whence observe discharges are money for so much money should have been paid in and if it be intercepted the King wants His money Being
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
man without the precincts of the Court. That my Lord of Strafford fell on his Knees and besought the King That if his Instructions might not be so good as to bring in a Delinquent that had affronted the Court if by stepping over the water he should go beyond the precincts of it he might leave that Service and lay his Bones in his own Cottage That his Father was Arrested in November 1632. as he takes it and was kept 18 Weeks before he was discharged Evers Gower Sworn and Interrogated about the time of his Fathers Arrest Answered That it was in November 1632. and his Father kept in Prison 14 or 18 Weeks but referred to his Brothers Deposition for a more particular Answer To the matter of Prohibitions Iohn Musgrave Sworn was examined Whether he knew of any Prohibition sued forth in Vaux his Cause And whether a Warrant were granted to Attach What Threats my Lord of Strafford used to the party that sued it out being after Octavo Caroli After some Exceptions taken to it by the Earl of Strafford as not being within the Charge The Witness Answered That he knew of an English Suit between Musgrave and Vaux That upon notice given by Musgrave a Prohibition was procured Direction was given that an Affidavit should be made of serving the Prohibition That Affidavit being made a Warrant was directed to the Pursevant or his Deputy to Arrest Vaux On which he was Arrested and Rescued That after Affidavit made of the Rescue a further Warrant was sued forth for bringing in of the Rescuers from London which Warrant was now produced That the Rescuers being thereupon brought to Yorke and having lain several days in Prison an Information was Exhibited by Sir George Ratcliffe then the Kings Attorney at Yorke by relation of Francis Musgrave To which they did Answer And after upon full hearing That before the Censure he the Deponent in Michaelmas Term before 1632. did come to London on behalf of Francis Musgrave to move the Court of Common-Pleas to have the Prohibition dissolved And likewise Vaux did procure a Rule for a Prohibition in the Information Cause which the Witness offered to shew under the Court Hand That it was moved by Sir Robert Heath that the difference might be referred to Mr. Justice Hutton and Sir Robert Heath That he the Deponent undertook for Musgrave and Vaux did submit That afterwards by Sir George Ratcliffes direction thinking it not fit to refer the Cause it concerning the Jurisdiction of the Court of York My Lord President being acquainted with it the Reference went not on that Term but stayed till the Presidents pleasure was known with which Mr. Justice Hutton was made acquainted That in December upon his this Deponents return to York and upon hearing the Information Cause December 1632. Sir George Ratcliffe did offer to the Court the Lord President being there whether he might go on in the Information Cause for that there was a Reference between Musgrave and Vaux to Justice Hutton and Sir Robert Heath or whether the Reference might go on or no That the Lord President thereupon answered That a Rule for a Prohibition was no Prohibition but if there were one he would not obey it And whosoever brought a Prohibition there he would lay him by the heels And as he the Deponent remembred he directed his Speech to the Register of the Court and told him there was a Letter from the King to that purpose but that he said he could not very well remember And as touching the Reference my Lord said It was a Cause that concerned the Jurisdiction of the Court of York and no private man should end it He would try the Jurisdiction of the Court upon it and the next Term would go to London and acquaint the Judges with it and if they remanded the Cause back again so if not he would Appeal to the King in it That after Christmas in Candlemas Term 1632. He the Deponent went to London with my Lord and moved again for dissolving the Prohibition and for Liberty to proceed That again it was agreed between the Judges of that Court and my Lord to have a Treaty And several Treaties they had but could not agree The effect of the Treaty was That if a Trial could be directed at Law upon a fained Action I should go to Law reserving the Equity to the Court if not that the Judges would remand the Cause back again But after they had several days met and no Trial could be directed nor any Action devised at Law to try it my Lord thereupon said He would give no further meeting but would Appeal to the King and the party should Petition On which a Petition was drawn which the Deponent offered And the Judge speaking something of Vaux my Lord said he should not be in England but he would have his Body or words to that purpose F. Thorpe Sworn being interrogated touching some words he heard Mr. Justice Hutton speak touching these Prohibitions and some other things in that point He Answered He would give the best account he could of what passed being divers years since That he was with Justice Hutton in his Study and they had Conference together as they had many times touching that height that my Lord of Strafford was pleased to carry the business of York-shire with And that amongst other things my Lord was pleased to say my Lord had been with him and shewed himself very angry with him because he had granted a Prohibition And this is all he could remember He took it to be seven years ago and in the Cause that concerned Vaux as he took it and this was at London And added That the Judge spake with a great deal of Passion to think things should be carried in that manner as they were that the Judges should not have Liberty to grant Prohibitions For the Judge said that he had thus debated the business with my Lord Why should you be angry for granting of Prohibitions They in the Kings-Bench can grant Writs of Error to examine our Proceedings and we think it no offence and hold our selves as able to Judge as they And it is the Justice of the Law that requires it to be so and therefore you must submit to us as we must submit to them F. Thorpe being asked what he knew of my Lord of Straffords distast against them that sued out or solicited or councelled Prohibitions or Habeas Corpus's He first desired to be excused from saying any thing that concerned himself but being commanded to speak He Answered That he would speak nothing but the Truth if he must do it though he perish for it And he professed that he had not spoken in any place to any person what he was now to say That in the beginning of my Lord of Strafford's time it fell to him in his ordinary course of Practice to move for a Prohibition and on his motion some were obtained That he was informed
Lordships satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the Subversion of the Laws of the Kingdom That is prest as Treason and this as an Evidence That for the second Commission it follows as the other if he procured the one he is guilty as if he procured both it being the same Power still THE Second Article The Charge THat shortly after the obtaining of the said Commission dated the 21st of March in the Eighth year of His Maiesties Reign to wit the last day of August then next following he the said Earl to bring His Maiesties Liege People into a dislike of His Maiesty 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 publickly 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 Kings little Finger should be heavier than the Loyns of the Law WE are come now to the second Article touching words spoken of the King That the Kings little Finger should be heavier than the Loyns of the Law For that we desire to produce Witnesses and they will shew how my Lord of Strafford is mistaken in his Answer Or if he says true As he slanders the King in one sense so he slanders the Law in another Witnesses produced William Long Sworn and interrogated What words he heard my Lord of Strafford speak concerning the comparison between the Kings little Finger and the Loyns of the Law On what occasion Where and at what time Answered When Sir Thomas Leyton was Sheriff of York-shire 1632. as he takes it My Lord of Strafford being there he heard his Lordship say these words That some nothing would content but Law but they should know The Kings little Finger should be heavier than the Loyns of the Law And this was spoken in the place where the Judges sate in York-Castle at the Assizes that year The occasion he knew not but it was publickly spoken and as he thought my Lord did not then sit on the Bench but stood at the Barr. Sir Thomas Leyton was Sworn and being thick of hearing the Manager was directed by my Lord Steward to interrogate him to the effect aforesaid Who Answered My Lord said Some would not be satisfied but by Law but they should have Law enough for they should find the Kings little Finger to be heavier than the Loyns of the Law His Lordship being on the Bench then with the Judges at that time and abundance of the Country being there then at Lammas Assizes at the Castle-Bench And he thinks it was 1632. or 1633. but he knew not the occasion Marmaduke Potter having been examined as a preparatory Witness and since being deceased it was desired his Deposition might be read The Lord Steward declared That the Examinations of those preparatory Witnesses should be read in case any should be dead To prove Marmaduke Potter's death Thomas Harrison was Sworn Being interrogated what he knew concerning the death of Marmaduke Potter Answered That since his coming out of York-shire he heard a report from his Neighbours that M. P. is dead and buried That he the Deponent lived a Mile from the said Marmaduke Potter which is Ninescore and Ten Miles from this place but he heard no particular of the day of his burial The Examination of Marmaduke Potter Gent. taken Ianuary 1640. to the 10th and 11th Inter. He saith That about eight years since when Sir Thomas Leyton was Sheriff of York-shire he heard the Earl of Strafford make a Speech publickly at the Bench at Summer-Assizes and he said then That the Kings little Finger should be heavier than the Loyns of the Law I know not whether it were material for me to Answer this or no but as the Charge is laid it is impossible I should be guilty of the words For it is laid to be the last of August next following the 21st of March in the Eighth year of His Majesties Reign which falls out to be when I was in Ireland But I desire not to stand on such Niceties but that Truth may appear The words confessed in my Answer are quite contrary being That the little Finger of the Law was heavier than the Kings Loyns And that I set forth in my Answer and the occasion of them which these Witnesses do not or else will not remember The occasion was this There came divers Levies in the year when Sir Thomas Leyton was Sheriff for divers great sums of money for issues in the Knighting-business on some that had compounded and paid their money to me the Receiver of that money then and by me answered in the Exchequer yet these Issues came down through some Errour above and were levied with very great rigour by Sir Thomas Leyton When I came down I spake with Sir Thomas Leyton and shewed him how the men were injured and did desire him to return the money to them again and I would see him discharged in the Exchequer which he was contented to do And then to give satisfaction to the Country I told them That that Commission was a Commission of Grace and Favour and that their Compounding with the King was an ease to them and much greater ease than by a proceeding at Law would have fallen on them the very first Issues being three or four times more than they had compounded the whole for And thereupon I applyed that Speech That the little Finger of the Law was heavier than the Loyns of the King For if I should then have fallen to threaten them I had spoken contrary to the end I had proposed which was to incline them And further that not one of the Witnesses spoke any thing to the occasion of the Speech That it is long since and was never yet complained of and that man must have a stronger memory than I that will undertake to swear positively the very words spoken seven or eight years ago And under favour he ought to have better Ears than Sir Thomas Leyton who appears to have such an infirmity in hearing that he must now be whoopt to at the Barr before he can hear and sure his sense of hearing is much decayed else he could not have heard me speaking at that distance to the place where the Sheriff sits in an open place as far distant as from the Barr where I now stand to my Lord Steward or very near Dr. Duncombe being asked Whether he came accidentally to York that day and what he heard the words repeated to be He Answered He came from
who lived in those famous times and spent their blood in Obedience to their Soveraigns Command So that by these words candidly and rightly taken no manner of ill could come being spoken not with any sharpness or upbraiding but meerly to let them see That being in that Condition they were infinitely bound to the Kings of England who were pleased to communicate to them the Laws of their own Kingdom And so far were they from being taken ill that no man at that time took offence at them For the words The King might do with them what he pleased let them relate to the Conquest and there is no offence in them for the Conqueror might give them what Laws he pleased and yet nevertheless hath been so gracious and good as to give them the Laws of his own People Give me that understanding of the words and then where is the Crime how can it be brought in Judgment against me in it self or be aggravated to High Treason I acknowledge I did speak to the Recorder of Dublin yet some things I am put in mind of which I am forced to deny with a great asseveration That I do not remember the words nay I am sure I never spake them let all the world and a cloud of Witnesses say the contrary when I know in my own heart I did not speak them though I offer not this to Your Lordships to convince your Judgments And on the other side there is nothing that is true but I will acknowledge it with all Ingenuity in the world on the Testimony of any one single Witness I desire that Mr. Slingsby his Servant might be asked whether he was not present when I spake these words and whether then any offence was taken at me in respect of the high manner of my speaking or whether they were not rather extreamly well satisfied Now if Your Lordships take words in pieces and not altogether any man living may be convinced but taking my words altogether though something might be thought harsh yet something gave abundant satisfaction I am upon a mighty prejudice in being denied to have my Witnesses examined upon Oath in these things that are not Treason But they be persons of good credit and I trust your Lordships will believe them as much as if they spake on Oath since I think none of them would say a word to your Lordships which they would not swear Mr. Slingsby being asked Whether he was present when my Lord of Strafford spake to the Recorder of Dublin what he said and what acceptance it received He Answered He was then present being on the occasion of presenting Sir Robert Dixton the Mayor of Dublin that he cannot remember the particular words nor deliver them to their Lordships as they were spoken by the Lord-Lieutenant But he remembers particularly the scope of the Discourse was to ingratiate His Majesties present Government to them That the words were well accepted by several persons whom he spake with and took that Effect that his Lordship was thereupon invited to the Mayors House where divers of the City Congratulated his coming to them I shall now proceed to the second part of the words That their Charters were nothing worth and they bind the King no farther than he pleases and I conceive I may say so still If their Charters be nothing worth they do not bind the King but he may do with them what he pleases In that I desire your Lordships to call to mind what my Lord of Corke said That Ireland was a Conquer'd Nation and the King might give them what Laws he pleased and that the Charters were Antiquated and no farther good than it pleased His Majesty to make them It is likely I confess I might say so and yet not say amiss for it is most evident and clear their Charters are void in point of Law and therefore it is in the King 's good will and pleasure Whether he will make them good or no. And that they were void the King's Council informed me so that they were questioned at Council-Board upon it for divers unlawful Exactions they took under colour of Charters for divers by-Laws that they had made against Law by those Charters for divers neglects of Duties that they ought to do by those Charters and generally for not performing the trust reposed in them by those Charters with that Integrity and Care they ought to do And for the truth of it that many Complaints were made against the Mayor and Aldermen at that Board for neglecting their Duty I dare Appeal to my Lord of Corke I adding this That the greatest part of the Aldermen were Recusants and would never be brought to obey the Order of the Board but stood on their Charters and would be Masters and by that means great Disorders continued And to prove that upon Examination they appeared to be void in Law I desire Sir George Ratcliffe may be admitted to speak on what Grounds those Charters were called in and are now as I think deposited with the Clerk of the Council Sir George Ratcliffe standing charged with High Treason by the Commons of England before your Lordships and of a Conspiracy with my Lord of Strafford and whether it be fit to hear one charged with High-Treason to clear another so charged we Appeal to your Lordships That Sir George Ratcliffe is charged to be a Conspirator with me indeed and in truth I must confess Sir George Ratcliffe and my self under favour are equally guilty of Treason and I hope we shall both justifie our selves but I know so much of him that I am not ashamed to say That I think that Sir George Ratcliffe is my Friend and I wish him well and so I think will all other men I trust in God when they hear him But I conceive Sir George Ratcliffe might be heard in these Points if he be examined as a Witness against me I desire he may be examined as a Witness for me Sir George Ratcliffe is not examined nor at all sworn in the Cause on our Motion and admitted that if they produced him as a Witness they would not deny my Lord of Strafford to cross examine him The Lord Steward declared the sense of their Lordships That Sir George Ratcliffe could not be examined I shall readily obey but yet observe That if it were only matter of Misdemeanor he might be examined though charged But this is my unhappiness to be debarred of my Witnesses because I am charged with Treason in general though there be nothing in particular that 's near the complexion of Treason We desire to observe that this justifies a part of our Charge for the Charter of the Subjects Liberties are as his Lordship confesseth brought to the Council Table and judged there and not to the proper Courts where they ought to be judged the Council-Table having no Power to declare the Validity or Invalidity of Charters from the King to the Subject
I said at that time tended to that purpose to shew and set forth to them the excellent Goodness of His Majesty and the Graciousness of His Government Therefore if I should say any thing to the purpose as it is offered I should go much against the purpose for which I intended my Discourse For me to have said openly there in the King's Chair that they were a Conquer'd Nation and must expect Laws from Him as from a Conqueror when I knew it most false and expected from His Majesty that He would Govern them by the same righteous Rules of Justice and Honour as his Predecessors had before him I had been much too blame and it had been against the drift of my Discourse And I must say and will say to the death I never spake such words That they must expect Laws from Him as from a Conqueror I know very well how it is proved and what my own affirmation doth in foro Iudicii but how it may work in foro Conscientiae I trust I have so much credit left in the World as to be known to be a man of truth and not usually to speak untruths And I take the heavenly God to Witness that I never spake them I remember the words and the occasion by a good token without which I should not have remembred them my Friends desiring a Copy of my Speech which Copy is in Ireland and were it here would satisfie every man It was to incline them to take into consideration the great Debt that lay on the Crown being near 100000 l. the shortness of the Revenue which was then short of the yearly Charge 24000 l. though the first day it was stood upon and would have been coloured over as if there had been no such thing I was to move thereunto a supply to pay the Debt and to improve the Revenue to such a height as might answer the Charge of the Kingdom that to induce this I told them the Kingdom of England had expended great and vast Sums of Money and had issued a great deal of Noble blood for the reducing of them to Obedience and in that happy State wherein they then lived That they must not think the Kingdom of England must always bear the Charge of the Crown but they must so fit the business that the Kingdom may bear its own Charge For said I and these are the words I take God Almighty to Witness and no other If the Kingdom of England should still be put to their Charges and the whole Expence should still rest on the Conqueror you might very well think you are so dealt withall as never any other Conquer'd Nation had been That on these words my Lord of Ormond came to me and told me That the words he had spoken were not well taken For that I had said The Irish are a Conquer'd Nation and that is not well I answered his Lordship Truly my Lord you are a Conquer'd Nation but you see how I speak it and no otherwise But this I am not charged with and offer it only to keep and preserve me in a good Opinion as much as I can of both Houses of Parliament which I desire of all things under Heaven next the Favour of Almighty God and his Gracious Majesty He then proceeded to examine Witnesses And first Robert Lord Dillom being asked Whether he was present when he spake these words to both Houses of Parliament and what they were We desire to put your Lordships in mind that there were two times when my Lord spake such words one when he spake to hoth Houses of Parliament at the Publick Speeeh now mentioned the other upon delivering a Petition by the House of Commons That the words which the Commons Charge were the last mentioned by me not the first and that was desired to be observed The Question being repeated The Lord Dillom Answered That he served as a Member of the Commons House that Parliament and in respect of the Honour he had to be of the King's Council and the Son of a Peer of the Realm he stood under the Cloath of State and was present when my Lord made his Speech to both Houses for that passage of the Conquest some touch there was of it and he hath heard my Lord of Ormond speak in particular of it For the other words That they should expect Laws as from a Conqueror he took God to witness he did not remember them Being asked whether he remembers them to be spoken at any other time He answered That on his Soul he doth not Sir Adam Loftus being asked to the same purpose He Answered That he was the first and the last day at the Parliament that he doth not well remember the middle day and he cannot burden his memory with any such words spoken that he heard either then or at any other time Sir Robert King was called and asked to the same purpose He Answered That he thinks he was present that day but not within hearing and he never heard the words at any other time Lord Renula being asked Whether then or at any time he heard my Lord of Strafford say They must expect Laws from the King as from a Conqueror He Answered That he was then in the House and remembers the words in the first place That Ireland was a Conquer'd Nation that for the words in the second place something was spoken but how far he cannot witness Sir George Wentworth questioned on the same Point Answered That he sate under the Chair of State at that time and remembers not that my Lord ever spake these words That the King might do with them as he pleased That it pleased my Lord-Lieutenant to send him into England at that time to attend His Majesty with the Success of that Parliament and that he brought the Speech with him and can confidently affirm There was no such thing in the Speech and the Speech he did deliver to some Privy-Counsellor and added That he never heard my Lord publickly or privately say those words They must expect Laws from the King as from a Conqueror We desire to know Whether the Witness was returned out of England when this Remonstrance was delivered For the Commons Charge it thus That the House of Commons delivered a Petition to have the Laws executed according to the Instructions upon which the words were spoken and we believe Sir George Wentworth was not come back and then it was impossible he should hear him for it was after the Parliament had sate and some proceedings had I observe How it is in some of the Witnesses for my Lord Gorminstone fixed it on the first beginning of the Parliament He spake it to the occasion of the Petition but the distinct time he doth not remember Sir George Wentworth being asked touching the time of his going into England He desired to know what time the Petition was delivered but he went over some few days after the Subsidies were granted Lord Robert
Digby being asked Whether at the Parliament at Dablin or any other time he ever heard my Lord of Strafford speak those words He Answered That he never did that he doth not know whether he was present at that time or no that he did diligently wait but doth not remember the words nor occasion but he thinks he was not present Your Lordships have heard my Lord of Strafford's Defence with much patience That he hath said nothing that takes off the Charge but some things that aggravate it That he would answer the Particulars as his Lordship had propounded them And first he observed That his Lordship denies not the words Charged which makes greater way for proof of them He informs of the ill Fortune of other Governors that one was Attainted and the Informations afterwards retracted that my Lord of Faulkland was complained of yet a Noble and good Governor against whom or any Deputy we can say nothing But what is this for my Lord Strafford to say Others were questioned therefore he is Innocent These were complaints of particular men This against my Lord of Strafford is the complaint of all the Commons of England It is said here is no Treason in this Article no Argument of Treason but the Commons never pressed these words singly and dividedly to be Treason but take all together they discover that Disposition that Counsel that Resolution that my Lord of Strafford had taken on him the ruine and subversion of the Common Law in both Kingdoms It is said an Answer is put in and no Replication It is true in other Courts if you go on Bill and Answer the Answer is taken pro Confesso but the Commons desire not to bind up my Lord of Strafford with Formalities but by the substance of their Charge they have averred their Charge which is as much as a denial of his Answer To there being another Government in Ireland than in England my Lord himself spoke of it by himself but he thinks it will not be material to this purpose for whatsoever it is some Government there is but the Speech of my Lord tends to take away all Laws for they must expect Laws as from a Conqueror in that Limitation For his referring it to the time taking it in the sense that the then Conqueror might do what he pleased that 's true and justifiable But that is to suppose the words otherwise than they are being spoken not of the Kings that were before but of His Majesty that now is My Lord would make an Argument his words were well accepted because Mr. Slingsby heard nothing to the contrary the words had much Acrimony and Sharpness and we dare not believe the Mayor of Dublin durst tell my Lord of Strafford so or forbear any Complement to him though he had been displeased with him But if that be material the Witnesses that have proved the words will tell Your Lordships it was resented with a great deal of Grief and Sorrow in all the hearers His Lordship justifies what was spoken of the Charters on these grounds First That the Witness said they were Antiquated Charters and therefore did not bind whereas it was a scornful Epithite their Antiquated and Worm-eaten Charters did not bind It is said they were void through negligences questioned at Council-Table complained of in Parliament But they must take the words to pieces not altogether Had he spoken of the Charters alone that they were void Charters it were no crime no indiscretion But take it with the occasion and connexion it admits of no such mitigation or interpretation He tells them they are a conquered Nation and they must expect Laws as from a Conqueror And they are a conquered Nation and their Charters are no further good than the King pleases It is said It is strict to answer presently what may be objected and the Examinations are extrajudicial we doubt not but Your Lordships will justifie-our Proceedings nor is there any strictness in them for if a man be questioned of a Crime and several Evidences be brought to make up this Crime some concurrent some precedent they will be allowed of in other Courts It being never used to set forth in a Charge all circumstances of Proof The main is produced and this is an Evidence to prove that and it is within the Charge for there is a Charge that he corrupts the Laws and Government Then my Lord produces divers Witnesses who speak in a different sense Sir Robert King heard nothing another that he remembers nothing and if he remembers nothing it may as well be said of the rest That there might be something they did not hear or remember for they speak no more but they did not remember There may be something they forgot as well as another forget all My Lord Ranulagh says He remembers the first words and something as spoken of the second but he cannot tell how far So that there is rather a doubt that something was spoken to that purpose than otherwise The Lord Digby was not present Sir George Wentworth remembers not the words he hath a Copy of the Speech and is confident the words were not spoken But they were not spoken in the first Speech whereof there was a Copy when the Petition for the Laws was delivered And this is an Aggravation against my Lord of Strafford that by his own shewing there was an Exception taken when he spoke in a milder sense and to advance His Majesties Government it had an ill impression and was taken notice of and the Exception delivered to himself Now if after Exception taken to a Speech delivered in Parliament cloathed with so much mildness he in the same Parliament as soon as Subsidies are granted shall tell them they are a conquered Nation and shall not have Graces but such Laws as the King will give them This puts the Offence in higher terms than before so far are they from mitigation of the Offence We desire Witnesses may be heard concerning the circumstance of time Mr. Fitzgarret produced and Sworn Was asked whether he knew of a Petition delivered to the Earl of Strafford by the Commons concerning the Laws and how in time it followed the publick Speech at the beginning of the Parliament and what Answer was given to it He Answered That he was then a Member of the Commons House and present when the Petition was delivered But after the House of Commons had given the King six Subsidies the House of Commons entred into consideration of Petitioning for such things as were necessary and expedient for the Common-wealth as they thought this Petition was preferred to the Lord Deputy a good space of time after the Subsidies were granted and Advertisement sent to England of the good service done in obtaining those Subsidies from the House of Commons That he remembers not any part of the Answer given There was an Answer given in Writing either at Council-Table or in full Parliament from the House of
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
Pattern from my Lord Faulkland my Lord Grandison and my Lord Chichester and he did it by the Power he had the Honour to hold under His Majesty as General That yet he used them so sparingly that neither in that time nor in the Government of Munster in which he had as large Authority as ever any man had he never did condemn a man to death in peaceable times and that the Authority hath been good That Martial-Law is so frequent and ordinary in Ireland that it is not to be denied and so little offensive there that the Common Law takes no exception at it That he hath lived to see three or four Parliaments there and they never complained of it And to Govern an Army without Martial-Law is impossible for occasions in an Army rise on a suddain and something must be done on a suddain for example-sake to others That Martial-Law was certainly in Ireland ever since he remembers and long before but it hath been used so sparingly that in the time of Peace for his part he did never know any executed in his time Being asked on the Lord Strafford's Motion Whether he hath known Sir Charles Coote as Provost-Martial of Conaught and Sir Iohn Bower Provost-Marshall of Leimster in time of Peace execute divers Persons Rebels and others by Martial-Law He Answered For Sir Charles Coote he can very well answer though he had Authority yet it is out of his memory that he ever executed any And for Sir Iohn Bower he dwelleth remote from him that the said Sir Iohn Bower hath Authority and so have many other Presidents Marshalls of the Army Provost-Marshalls of every Province and upon great Reasons for it for though they be Inferior men yet the intent of their Commission is but to prosecute those men that cannot be had into the Law that is Rebels and Fugitives and those men he hath heard have been hanged Whence my Lord of Strafford inferred That he had done nothing de Novo That Provost-Marshalls have been always appointed and executed those Places under the General for the time being The Committee admitted that there be four Provost-Marshalls but deny that they exercise Marshall-Law That those Provost-Marshalls have executed divers men to death by Marshall-Law Rebels and Traytors I desire to produce an Order of my Lord of Faulkland's taken from his Book of Entries but being not proved nor written with my Lord Faulkland's own hand the reading of it was not admitted but left to their Lordships Consideration To prove the Practise of the Provost-Marshalls Sir Adam Loftus being asked concerning the Provost-Marshalls executing of Marshall-Law before my Lord of Strafford's time and on what men He Answered That it is most apparent in all times since he can remember Martial-Law hath been executed that 's undoubted But it was on Rebels and Out-Laws and he hath known no other but such executed by Martial-Law Lord Robert Dillon being asked to the same purpose Answered He hath heard the Provost-Marshals have taken and hanged men by Martial-Law in time of Peace since the beginning of King Iames his Reign that of Rebels and Out-Laws there is no question My Lord of Strafford desired to compare his Orders with those of my Lord of Wilmotts And they were compared accordingly in divers Articles His Lordship produced a Copy of His Majesties Letter attested to be a true Copy by Charles Gibson Which was read being the Letter recited in the Sentence of my Lord Mountnorris I observe That the Sentence of my Lord Mountnorris takes notice that the Army was part of it in motion and divers Companies daily exercised and that my self was for the most part there present which shews the truth of my Answer to that Point in part To free my self from the said Sentence I desire a Letter from my self and Council of War to Secretary Cook 13. December immediately after the Sentence may be read to shew that I was a Suitor to the King in my Lord Mountnorris's behalf But being after the Sentence and written by himself and the Council of War for extenuating of the Fact the reading of it was over-ruled I conceive my Lord Renula and Lord Dillon made it appear that I declined giving Judgment in the Sentence But for further proof Sir Robert Farrer was asked Whether my Lord of Strafford did not declare he would be no Judge nor give Opinion in that Cause and whether he sate bare He Answered That he was present at the Sentence and heard my Lord of Strafford say that he would give no Judgment nor have to do with the business concerning my Lord Mountnorris and he sate a good time with his hat off Being asked on one of the Committees motion touching his pressing of both the Articles He said He acknowledged my Lord did require Judgment on both Articles and yet sate silent at the time they were upon the Sentence Being asked Whether my Lord of Strafford did not desire them to regard him no more than an ordinary Officer and do no otherwise than in reason and judgment they should think fit He Answered My Lord of Strafford said these very words That they should not look upon him but go to the Cause according to their Opinion directly And being asked Whether my Lord Mountnorris was a Captain of the Army He Answered Yes and the Council did admit it Sir George Wentworth being asked to the same purpose as Sir Robert Farrer He Answered He was present at the Sentence and heard my Lord of Stafford say publickly He did not sit there as a Judge and that he would give no Vote in it Being asked Whether my Lord of Stafford did not tell Sir George Wentworth that he should give no Vote in it because he was his Lordships Brother He Answered Yes and he gave no Judgment upon that reason that my Lord of Strafford did publickly bid them all look on him as a private man and sate by as a Suitor not as a Judge and put off his hat at the beginning to speak and sate uncovered all the while till Sentence was pronounced To shew that my Lord Mountnorris was enlarged by me presently after I here produce the Warrant Dated 18. December though indeed he was released 15. December The denial of my Lord Mountnorris to examine Witnesses was by my Lord Cromwell Sir Charles Coote Sir Iohn Burlacy not by me I sitting by as a private party For this I refer to my Lord Mountnorris's own Deposition and my Lord Renula's To prove it further Sir Robert Farrer was asked touching the denying of further time and Council He Answered He cannot tell who denied him he remembers my Lord Cromwell spake something but knows not whether to that effect Sir Robert Farrer being asked on one of the Managers Motion Whether before their coming together they did know the occasion of their meeting He Answered He did not he was warned to attend and did not know the business till he came thither I did never
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
Car. was first Read By the Lord-Deputy and Council A PROCLAMATION concerning the Importing of TOBACCO By which Proclamation is set forth in Substance as followeth THat whereas unsound Tobacco is brought in c. by the Unlimited Liberty of divers to Import c. and being no Usual Commodity c. a strict Charge is given That none presume from the First of May next to Import any Tobacco without Special Licence from Us on pain of incurring His Majesties high displeasure and the Punishments due for such Contempts The Proclamation concerning Sealing of Tobacco was next Read the 23 d of Feb. 13 Car. By the Deputy and Council Wherein THe former Proclamation is Recited And to prevent Secret Wayes of Importation a Charge is given from the last of May next no Tobacco be put to Whole-sale unless it be in compleat Rolls which may be conveniently Seal'd and to be Sold with two Seales one to be affixed at each end which Seal order is taken to be provided for that purpose That what Tobacco shall be found without those Seales the Kings Officers may search for and seize and convey to the next Port which Course shall be taken that every Seizor shall have 6d. for every Pound as an Encouragement and that the Officers shall commit the Persons of such in whose hands such Tobacco shall be found till Security shall be given to appear before the Deputy and Council and not to depart without Leave c. Mr. Maynard observed That Iohn Carpenter c. who are imployed in this business are all Servants to my Lord of Strafford but Little who is Sir George Ratcliff's Servant who did accordingly make Seizure And he farther observed That my Lord of Strafford had several Magazines of Tobacco and that from time to time brought in was bestowed there And on the First Day of his Defence my Lord of Strafford said 40000 l. of his Tobacco was Seized To Prove the Execution of these Proclamations Timothy Crosby Sworn and Asked Whether Ships have not been Prohibited to Land their Tobacco He Answered Yes Since the 11 th of November 1637. and he Instanced in Governour Briskett of Montserratt Mr. Arundel Being Asked If any Ship Perish'd upon the Restraint He Answer'd The Iohn of Kingsale It came into Lymerick and being not there suffered to Sell was forced to Galloway and was cast away going into another Harbour And this because She was not one of the Magazine Being Asked What Rates the Merchants sold their Tobacco for before this Restraint and what since He Answered Before the Restraint for 6 d or 7 d the Pound and other times for 14 d and 16 d on Shipboard and since some at 9 d a Pound and others at 6 d Ob. Being Asked Why the Ships were not permitted to Land He Answered Because they would not pay 2 Shillings a Pound 18 d Custom and 6 d Impost Whence Mr. Maynard Observed That if they come for the Use of my Lord of Strafford and his Party they must pay 3 d if for others 18 d and Impost Patrick Allen Sworn Being Asked to the matter of Restraint He Answered That a Ship of 80 Tun was not admitted to Land at Yoghall but forced to carry her Lading of Tobacco to St. Mallis in France where he believes it is That a Proclamation was out in 1638 That no Merchant should Land any Tobacco without special Licence of the Patentees That before the Proclamation he bought Tobacco for 6 d and 7 d a Pound a great Quantity of one of Dartmouth and since they pay 2 Shillings 7 Groats 8 Groats and 3 Shillings That the Patentees pay the Merchant 6 d or 7 d a Pound which is the most he hath heard of Iohn Welsh Sworn and Interrogated to the same matter Answered It was not granted they sold as much as would pay for their Provisions for which they had 6 d a Pound but would not give way to Land any more of it That one Arundell of Excester put into Waterford and he the Deponent was in Company with him to Dublin and desired that if the said Arundell could get off his Tobacco he would sell it him the Deponent who would give him 2 Shillings a Pound for it That he could not get it off and sold it to Ioseph Carpenter for 6 d a Pound That he paid for some Landed at Waterford by one Wells 16 d a Pound ready Money That the Patentees do usually buy at 6 d Only there was a Bargain made with one Arundell to take it at 8 d or 9 d but how far they went he knows not That one White of Waterford put into Lymerick and told him the Deponent That he got but 4 d a Pound for his Tobacco Being Asked What Quantities he conceives is brought in Annually He Answered That he hath Estimated it with advice of others that Ireland cannot consume less then 500 Tun a year Others say It doth far exceed and 500 Tun is near 140000 l. at 2 s. 6 d a Pound Being Asked Whether he knew any Sentenced on these Pretences He Answered He saw Patrick Wells Merchant of Waterford stand on the Pillory for having Unsealed Tobacco and exposing it to Sale Richard Whitwick for the like offence Pillory'd at Waterford That he hath heard of diverse others And he thinks the Book of Censures is here under the hand of the Farmers Sollicitor and sent to the Committee out of Ireland by a Messenger Express Patrick Gough being required to Answer truely Whether the Book produced containing an Abstract of the Sentences made in the Castle-Chamber was delivered him by the Committee in Ireland He Answers That he believes it was among other things delivered him by the House of Commons to be brought to the Committee Sealed up in a Box. But the Committee not thinking fit to offer the Book in Evidence Patrick Gough was examined whether he heard of any Sentenced in the Proclamations for Tobacco He answered He knew divers and there were three or fourscore from time to time attending in the Council-Chamber committed to the Marshalsey and prosecuted by Hunt and these were as he remembers in Easter Term last And Michaelmas Term before and every year for three years past That he hath heard of 60 at a time committed and they were sentenced for having Tobacco unsealed Being asked on my Lord of Strafford's motion whether my Lord of Strafford was a Partie to them He answered That as he remembers in Michaelmas Term last was 12 moneths there were three Waterford men sentenced whereof one was for 9 l. of Tobacco One of them Fined 100 l. and loss of his Office being Waiter The other 100 l. and the Merchant 100 l. and both committed and their Fines reduced after to 20 l. That they were fined before the Council at the Council-Table and as he remembred my Lord of Strafford was then there Mr. Maynard did then produce a Sentence under my Lord of
for Receipt thereof c. To prove Execution of it Benjamin Croky Sworn was Interrogated Whether he by vertue hereof hath Seized any Yarn and how much and how it was disposed of He Answered That his Deputy did Seize Yarn and it was taken from him by means of Ioseph Carpenter the Steward who received the Yarn into his Custody and converted it into my Lords Loomes He doth not know what quantities but it was a great parcel And he thinks it was to Carpenters use but most part of it unto my Lords Further this Steward did employ Iohn Townesend to buy Yarn contrary to the Proclamation He also imployed others to Buy some for my Lords use and his own This he knowes Sir Iohn Clotworthy Interrogated What he hath known done in Execution of these Commands being a Justice of Peace He Answered That he had formerly heard of this Proclamation and another Dated in May concerning the Yarn business That there was this same or the Copy of this same Warrant under my Lord Deputies Hand brought to him being a Justice of Peace and he required to give Assistance in it That he sent for the People that had been Distressed in the business and likewise the Party employed by this Crooky and one White named in the Proclamation to know by what Authority they put this in Execution Thereupon they produced both the Proclamation and this Warrant That he conceived there was an Extrajudicial proceeding in it and therefore took Examination of it and found in the putting of the thing in Execution That whereas there was a Clause in the Proclamation They should Seize on all Yarne that was not an Hundred Threads every Skean and should Seize on it when they found it short of this That having taken the Examinations he sent them up to my Lord Deputy they being now out of his head with a Letter Declaring the Abuse of the Business That he heard nothing in Return of the Business but was Severely Threatned and received a Letter from Mr. Secretary Little then my Lord Lieutenants Secretary That it was very ill taken that he interposed in any thing wherein my Lord was concerned And my Lord Rainalaugh had much adoe to keep off a Serjeant at Armes to be sent for him My Lord of Strafford desired the Letter might be shown But Sir Iohn Answered That it was Written four or five years agoe and he did not keep it but if Mr. Secretary Little be Interrogated he doubts not but he will Acknowledge it Lord Rainalaugh being Interrogated to the same effect He Answered It is true he was at Dublin when some Information had been given of Sir Iohn Clotworthy for something had been done in the Yarne business and that he apply'd himself to Sir George Ratcliffe to desire him to preserve Sir George from an ill Office and Sir George moved in it accordingly so that Sir Iohn escaped trouble at that time For the Execution of the Warrant about the Flax that he knows is this White or his Fellow or one of them he knows not whether but he coming to the Fair of Athlone where the Lord Rainalaughs Residence is gave a Deputation to Iohn Dennis a Soldier of my Lord Wilmots and that within little time after several Complaints were brought to him as well by some of the Townsmen of Athlone or divers of the Countrey that this Dennis had seized on a great deal of Yarne in the Shops in the Town and abroad in the Countrey That he sent for the Soldier and Asked him By what Authority he did so who thereupon shewed the Proclamation a Warrant from my Lord Deputy and such a kind of Warrant as this whether a Warrant or a Copy he cannot say That he Examined what proportion of Yarn he had taken and he told the Lord Rainalaugh he had as much as a Cart could carry Asking him what he would do with it the said Dennis answered He would carry it to Dublin And he asking him farther What he would do with it there He told him the Lord Rainalaugh he had direction to deliver it to Mr. Carpenter my Lord Deputies Steward That he the Lord Rainalaugh medled not with it but thereupon posted a Gentleman to Dublin that had ready Access to the Deputy and told him the Complaints and this abuse by Execution of that Warrant and that though it was not agreeable to my Lord of Straffords intentions he conceived to have them used he thought fit to Represent them Thereupon He the Lord Rainalaugh went to Dublin Sir Iohn Clotworthy being Interrogated what he knows about breaking open of Chests for finding of Flax or any thing of that Nature He Answered That as it hath been laid open immediately on the Issuing of these Proclamations and these Mens going abroad The Markets were deserted and little came to the Markets at all though it were the most Native Commodity of the Kingdom and paid most part of the May-Rents For it is That the Women work on all the Winter-Season And when the Markets were deserted people were fain to bring their Yarn into houses and sell it under shelter where they might not be seen nor these Fellows Seize on it That thereupon these Men would come to Justices of Peace and Officers and they came to Sir Iohn himself and though he would not assist they would threaten the Constables and break open Chests and thereupon he the said Sir Iohn Clotworthy took away Yarn from them and restored it to the Proprietors This was done in the Town and County of Antrim that he cannot tell how long it is since but it was in pursuance of this Proclamation and Warrant Being Asked Whether the People were not ready to rise in Tumults and Uproares where these were Executed He Answered That it made very great Disorder and great Reason for it for they took away all they had provided for their Half years Rent and many people even Multitudes starved Lord Rainalaugh being Interrogated the time Answered He could not tell the certain time but my Lord of Strafford did withdraw it himself Patrick Gough being Interrogated Where he had the Remonstrance of the House of Commons He Answered It was delivered him the 25 th of February in the Commons House of Parliament in Ireland the whole House Sitting to be transmitted to the Committee for Irish Affaires here with many other things Which Remonstrance was Read being in effect the most Lamentable Complaint of the Knights Citizens and Burgesses chosen for the Provinces of Conaught and Ulster touching that most Cruel Extortion or rather Robbery committed by a Company of Pursivants sent abroad to Seize Yarne by Colour of divers Proclamations by the Lord Deputy Ianuary and May 1636. I. THe said Pursivants came into all the Publick Markets and seized on all the Linnen-Yarne and Clothing by which the Markets were destroyed II. The Merchant was forced to meet the People at their private Houses which they understanding
the Kings debt it might be one of the Rents or some duty leviable by consent of the people neither did he say it was on a suit before the Deputy and therefore that will not come to the Case For that my Lord Dillon was called again touching Contribution Composition and Rents Composition-Rents fall under the same Consideration That Sir Thomas Wayneman laid soldiers is but an affirmation and expects no answer but if the Information be true he used very violent courses for it hath appeared he hanged a man without any occasion My Lord produced the Instructions of 1628. and out of them inforced that it might be lawful for him to levy Soldiers with authority but it appears by the first Article it was consented to at the writing and for the Benefit of the Subject as was before answered and that very much money was assigned for the Soldiers and it may be proved if there be occasion That there issued Acquittances to the Captains of the Company to deliver to the persons from whom the Money was due in case of payment and if they did not pay by consent Soldiers were laid and not otherwise For the Proclamation of December 1633. whereby the payment of His Majesties Rents and Revenues was ordered it recites divers Rents were behind that the surplusage would not pay the Soldiers that by want of Money the Soldiers might make irruptions on the County That according to direction to prevent inconveniencies Moneys should be levied which had Rise from the Instructions 1628. For the time of it was 1633. A Proclamation might well second that which was setled before by the Instructions If it did not pursue them surely the Proclamation was an offence in it self and then there is no justification of a Treason by a Treason but it might have been as well objected against as this in hand But it is true it hath the countenance of these Instructions But on all these there is no pretence of forcing submission to my Lord of Strafford's Orders After Usuage his Lordship observes the Testimonies produced and takes exceptions to that of Berne that the ground of his complaint was when my Lord of Strafford was in England That it was done by Pygott's Warrants who was not proved to have any Warrant from him It is true there is no full and precise proof that Pygott had his Warrant from my Lord of Strafford But though it was done after his coming for England yet if his Warrant were made before though it were executed in his absence it will lay it on my Lord of Strafford But we say the Warrant was made before and to Pygott as well as Savill One Witness says Pygott himself did vouch my Lord of Strafford to have given him his Warrant it was my Lord Lieutenants Warrant he was my Lord Lieutenants Sergeant the Soldiers were my Lord Lieutenants Troopers the Soldiers laid by Savill are by my Lord Deputies Warrant proved to be under his Hand and Seal and many Witnesses are in Savills Case produced And whereas my Lord says no Warrant was shewed if himself had not excepted against it a true Copy had been produced and if none be shewed it is his own fault but my Lord of Strafford should have shewed it if any thing was in it to qualifie the matter for it is proved he gave authority and by his authority the Soldiers were laid Whereas my Lord says this cause was not complained of Berne gives the reason he durst not complain there but came over hither to complain and hath prosecuted the complaint My Lord of Strafford was pleased to aske Ardah what he heard concerning laying of Soldiers It is true he and Savill mention the laying on Soldiers on Fitzgerard but it was for the Kings Money and they spake it not on their own knowledge but by hear-say and it was done but once and whether since the Instructions it doth not appear and if it was since then it was by consent and this Fitzgerard lay out as a Rebel and if it was done it was done under that capacity To that point a Witness was produced Mr. Kennedy being Interrogated Whether he the said Fitzgerard did did not lye in the nature of a Rebel when Soldiers were laid on him He Answered That this Fitzgerard was Sheriff in the County of Corke and failing in his Accompt at the time Process was issued on his Recognizance and he held out three or four years That he the Deponent being then the Kings Remembrancer thought it his duty to acquaint the Barons of the Exchequer that he could not be found but kept abroad in the Woods being a man of good Estate and then on acquainting my Lord of Faulkland with it a Warrant was procured to the Sergeant at Arms. Henry Dillon says nothing of the Usage but pretends one Thimbleby said he had a Warrant but whether he had a Warrant or did execute it appears not And if it be so it appears not for what time when it was nor out of what Court the Process came upon which the last Assessment was made This is all offered in matter of Fact my Lord proceeds to other justifications First That His Majesties Deputy is so qualified that he hath power to resist Rebels and secure Peace and it is true he hath power but he hath no power at all to make a War especially in time of Peace now all things are appeased there and no occasion is given of a War only that Soldiers be maintained for a Nursery of Martial Discipline but there is no occasion of Soldiers to be laid on the Kings people He alledged a Stat. 10 H. 7. that no War or Peace should be made but by the Deputies Licence and therefore he infers that by the Deputy War might be made It is true where there is hostility or Rebellion then to oppose and repress that Rebellion the Deputy may make a defensive War but to do it in time of Peace on the Kings people that are under the Government of His Majesties Laws is to make War on the Kings Subjects under His Peace and Protection and consequently on the Sovereign Power that doth protect them He would compare it with forcible Entry but the circumstances do very much diversity it from Riots or forcible Entries It is done by Soldiers that come furnished with all warlike Ammunition brought from Garrisons the places of War brought with an Officer brought in numbers and though the Lord of Strafford extenuates the numbers yet the Sergeant at Arms was unlimited So the power given to him was a vast power to take such a number of Soldiers as he should think fit His Lordship observes that the Stat. of 18. H. 6. cannot conclude him because Statutes here in England do not include the King unless he be nominated in them the Committee expected not to hear this reason That because the Kings Sacred Person is not mentioned in a Statute who cannot be within the blemish of such an offence therefore it
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. Sât 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
for my Lord of Canterbury if they have examined him it was before his Charge and they shall make no use of his examination neither is he a person capable of being a Witness being now charged and in some particulars for conspiring with the Lords at the Bar and therefore they submit it whether it be convenient he should be examined though if they shall urge his Testimony it will be something and likewise their Lordships over-ruled it in Sir George Ratcliff's Case But my Lord of Strafford submitting all to their ordships good pleasure it being his part only to move as his Lordship said and do what their Lordships should in their wisdoms think fit The Lord Steward declared their Lordships pleasure that Sergeant Glanvill and the other Witnesses might be reserved to be heard to morrow viva voce and that the examinations of my Lord of Northumberland and my Lord Keeper might be likewise reserved for my Lord of Canterbury it was observed that he was examined before the Charge and that the Gent. of the Commons-House intend not to make use of his Testimony And so the Committee proceeded to the next Article Mr. Whitlock proceeded putting their Lordships in mind that they had been pleased to take a view of my Lord of Strafford's Courses in Ireland which have manifested his designe to subvert and change the Law and bring in an Arbitrary Government That his execution of that Arbitrary Power upon the persons Estates and Lives of the Kings Subjects there hath been a clear proof of this his designe They shall now proceed to show their Lordships what his designe was in England and Scotland as the same was set forth in the 20th21 22 23 and 24th Articles together with the matters contained in them they being interwoven and depending one upon the other and so are but one business My Lord of Strafford did thereupon offer that he conceived it was agreed they shoul go Article by Article that his Memory is short and his Abilities weak and if three or four be brought together his Memory will not serve him to give them that account that otherwise he should be able to do And since the order of proceeding Article by Article was by consent he besought that course might be persued not giving consent to the alteration of it But Mr. Maynard desired leave to remember their Lordships that they offered to go Article by Article till they came to some that were woven together which might change the course They find much time is lost between Article and Article and there will need no great Consideration of of these being only about words and when my Lord of Strafford stands by way of Defence he may not inform them which way to proceed and they will proceed no way differently from what was formerly proposed My Lord of Strafford humbly appealed to their Lordships Whether the Favour offered him for recollecting his Notes had spent much time and added perhaps if another man had been in his case he would have thought as long a time as he had taken necessary tho a far abler man than himself but this inverts the whole Order agreed on and brings him to a great inconvenience and therefore he desired he might Answer them single in the mannor as was agreed upon To which Mr. Whitlock Answered That if the Articles be not proceeded in together and as having relation to one another they will loose much of the Application Evidence and Proof and he conceives will be more easie to my Lord of Strafford And for the Order mentioned there was under favour no order in it but when my Lord of Strafford made the motion Mr. Whitlock said he took the boldness to inform their Lordships that he should proceed on some of them altogether which my Lord of Strafford did not deny and their Lordships approved of and according to that they desire to proceed Mr. Glyn adding That he never knew before this time a Prisoner at the Barr prescribe a Method to the Evidence especially if he be charged with High Treason and my Lord may afford them the same favour they do him for if he will answer Article by Article he may but as they leave him to his course so they desire to take their course But in that case my Lord of Strafford desired he might have time to Answer till to morrow morning and professed that he should be extream unwilling to offer any thing that became him not in Humility and Modesty or to prescribe a course to any he being in his condition but he trusts he may with Humility and Duty offer to their Lordships consideration these things that may be for his Assistance and Defence without offence to any So the Committee that managed the Evidence for the Commons-House had direction to proceed as they had propounded Mr. Whitlock then proceeded to open the Charge of these Articles which will refer to prove a designe of my Lord of Strafford against Scotland to subvert their Parliament and our Government here and to bring in an Army on us to force us to submit to an Arbitrary Power First they shall apply themselves to prove his designe against Scotland which lies first in the Charge That he advised the King two or three times that the demands made by the Scots in their Parliament were a sufficient ground for a Warr against them notwithstanding that Parliament was indicted by the Kings Royal Authority and they have their liberty to Propound and Treat Your Lordships may remember what my Lord of Strafford said at the sentencing of Stewart in Ireland whereby he expressed his hatred and rancor towards them and his opinion of them at that time being after the pacification made and he continues in the same ill opinion of them and to give the same ill Council That at another time he told His Majesty the demands of the Scots in their Parliament were not matter of Religion but struck at the root of Government and that it was fit to punish them by force That he caused the Ships of the Scots in Ireland to be seized That he procured the Parliament in Ireland to declare their assistance and give supply for a Warr against Scotland and that several times he endeavoured to perswade His Majesty to an offensive Warr against the Scots under which particulars will fall in proof his design against Scotland His design against England was of the same nature which will appear by his words and by his Councils and by some Speeches given out by those that have very near Relation to him and are his creatures who agreed with his own words likewise They shall prove to their Lordships That on a discourse between Sir George Ratcliffe and Sir Robert King concerning the War with the Scots and my Lord of Straffords being engaged in it Sir George Ratcliffe told him We are ingaged in a War with the Scots and we must go on with it
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
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
leave to look on what he said that he might not vary And after some Debate thereupon having the Copy of his Examination shewed him He Answered to the said Question That it was only for one word that he desired to look into the Paper and it was whether in the later end he did not say or words to that effect These words about which he is examined did pass between my Lord of Strafford and him in private discourse when he believes neither of them thought they should have been called to an account for them for they were then thinking of raising of Horse and seeing but small sums of Money He asked my Lord how these Forces should be paid His Lordship Answered He made no doubt but that the Parliament would give assistance to the King by 12 Subsidies and if they did that it would sufficiently pay the Army or some such words But said he my Lord Conway What if the Parliament shall not supply the King or not give these Subsidies Then my Lord of Strafford said or words to that effect That the King had need and if the Parliment would not supply the King in those things that were just and lawful to be supplyed and if they would be so wilful as not to supply him then the King was justified before God and Man if he did help himself in the Goods of the Subjects or to this effect tho it were against their Wills Being directed to repeat the words again on my Lord of Strafford's motion His Lordship Answered That in his examination he said words to this effect and so he doth now yet doth not depose absolutely that these very words were spoken but to his understanding and as he then conceived them they were to this purpose when he asked my Lord of Strafford how these Troops then raised should be paid My Lord of Strafford said He made no doubt but the Parliament would supply the King and give him 12 Subsidies And saying again What if the Parliament would not give him that assistance My Lord of Strafford said The cause was very just and lawful and if the Parliament would not supply him then he was justified before God and Man if he sought means to help himself though it were against their Wills Sir Henry Vane being Interrogated whether he did not hear my Lord of Strafford when consideration was had of a Parliament before the last Parliament promise His Majesty in case the Parliament did not succeed he would be ready to serve him in any other way He Answered That he must begin as the Lord that spake last since they have no help of their Examinations which is that the words were such or to such an effect for otherwise they that be Witnesses have a very hard task to play for they lye open to be excepted against and peradventure when they speak truly may be intangled if their memory help them not out But to the Question proposed he says this That upon the 5th of December as he takes it he did hear my Lord of Strafford speak words to that effect as they are now asked to his best remembrance and truly he thinks really he did viz. That truly if the Parliament should not succeed his Lordship would be rea dy to assist His Majesty any other way or words to this effect Mr. Whitlock summed up the Evidence and said There was an intent to call a Parliament to try if they would give the King a Supply and being engaged in a War against the Scots my Lord of Strafford before the Parliament came doubted not but 12 Subsidies would be given and while the Parliament was sitting that was the number demanded by a Message from the King This designe did not take other effect than himself expected and it seems desired for when the Parliament was set and frequently urged by messages from His Majesty to give that very number of 12 Subsidies and that for release of Ship-money only whereas by the old and right course of Parliaments the grievances are in the first place to be considered of and to be humbly presented to His Majesty and upon redress of those grievances the people are to shew their thankfulness to His Majesty for His Grace and Goodness in redressing of them by their free gift of Subsidies My Lord of Strafford changes this course and perswades His Majesty to put the Subsidies in the first place and to fall at first on consideration of supply and that so great a proportion and while the Parliament was in debate of this and before they had resolved whether they would give Supply or no by my Lord of Strafford's advice the Parliament was Dissolved His Lordship confesses in his Answer he did give his Vote for dissolving of the Parliament and they shall make it appear in time that he did procure it After the Parliament was Dissolved my Lord of Strafford goes on endeavouring all that lay in his power to incense a Gracious Sovereign against His loving Subjects to slander the people to the King and for ever to break off all Parliaments and take away the Liberty and Property of the Subject and by what course By Force by bringing in an Army amongst us That was his Advice tho blessed be God His Majesty was pleased to reject it 1. To prove what was said by the Creatures and Friends of my Lord of Strafford Sir Ro. King being Interrogated What words he heard from Sir George Ratcliffe to this purpose That the King had an Army and Money in his Purse and if His Subjects in England should not supply him what use he might make of His Army for supply and the times He Answered That he demanded of Sir George Ratcliffe How the King would do for Money to maintain the Scotch War Sir George Ratcliffe said The King could not want Money His Majesty had an Army of 30000 Men and he had 400000 l. in his Purse and a Sword by his side and if he would want Money who could pity him or words to this purpose To which he the Deponent objected How can this course be taken when the Scotch are on foot unpacified Sir George Answered They can make peace with the Scotch when they please and being riding together to the he the Deponent said That my Lord Lieutenant and the said Sir George had least reason of all His Majesties Subjects to desire a War Sir George Answered It is true For his part he would give 20000 l. to be quit of it but we are now engaged and we cannot but go on and then he the Deponent asking What he would do for Money Sir George Answered The King could not want Money He had an Army c. as before is deposed Being asked what was the reason of making this Demand and whether he did conceive a forcible way was intended He Answered He did understand that by the words That if they would not supply him the King was ready to supply himself Lord Ranalaugh being
Interrogated What he heard Sir George Ratcliffe speak concerning the Kings levying Money by force or to that purpose He Answered That the words he is to inform their Lordships of and on which he was formerly examined proceeded from Sir George Ratcliffe not to him privately and only but they were spoken in a Council of War when they were assembled together upon that service My Lord-Lieutenant arrived in Ireland in March was 12 Months and after his Lordship had spent some days in Ireland within which time he the Deponent with others were commanded to attend at a Council of War departed that Kingdom leaving direction behind him how this affair should be proceeded in in his Lordships absence and as he takes it in the beginning of April my Lord departed out of Ireland and not long after they being assembled in a Council of War there was occasion to speak of all preparations that should be for the raising of an Army of 8000 Foot and Provision for transportation of 1000 Horse which was the Army of Ireland at that time In these discourses they found there was a great deal of Treasure to be consumed and much Money required to supply the occasion It was computed and he thinks Sir George Ratcliffe had a privy hand in the computing of it how much charge would maintain the Army for a year and to the best of his remembrance it was computed at 270000 l. and odd which gave them occasion considering the Army to be transported out of Ireland was but in proportion â
of what was prepared in England to speak of the Charge that must be raised in England according to that proportion And they finding it to amount to so great a sum it fell into question how the King should be supplyed with Money for so great expence of Treasure if he were not supplyed by Parliament Sir George Ratcliffe Answered The King hath his Sword by his side and 30000 men at command and if he want money let no man pity him It was thereupon replyed and as he the Deponent takes it by himself how can Money be raised when the Scotch Army is on foot and so strong Sir George Answered We can make peace with the Scots when we list but that is the worst of evils and this is in substance as much as the Deponent can remember Whence Mr. Whitlock observed That their Lordships heard what passed from Sir George Ratcliffe in Words and Counsels and that their Lordships knew the nearness and relation between Sir George Ratcliffe and my Lord of Strafford and this was after direction was left for raising the Army and when my Lord of Strafford was come away himself it seems he had left his directions with Sir George Ratcliffe as it will appear by my Lords own words concurring with these And Mr. Maynard desired their Lordships to take notice of these words We can make peace with the Scots when we will it was not Sir George Ratcliffe alone Sir Tho. Barrington being Sworn and Interrogated what words passed from Sir George Wentworth to him About Englands being sick of peace c at what time it was and on what occasion He Answered That immediately after the last Parliament Sir George Wentworth had accidentally a discourse with him being a Gentleman with whom he the Deponent never had intercourse or interlocution before that time On some discourse betwixt them concerning the former Parliament in the close of his discourse he was pleased to express himself thus This Commonwealth is sick of Peace and will not be well till it be conquered again The application of these words he the Deponent said he must leave to their Lordships better Judgements he not being able to decide it And to the occasion according to the truth which shall be ever present with him he the Deponent said he would deliver it cleerly They had some occasion to discourse of the former Parliament and speaking now on his oath he must express that which otherwise he should not being the words of a private discourse which in the course of his life he hath ever avoided especially in the Case of a Gentleman They were in discourse of the former Parliament and the carriage of that and Sir George Wentworth was of one opinion and he the Deponent of another Sir George expressed himself in this sence That he conceived the Parliament had no intention to give the King Money he the Deponent said That if the Kings Majesty had pleased they had sate awhile together they had supplied him And on the close that expression fell from him that which he the Deponent said he shall not not need to repeat Sir Robert King being Interrogated what sense and apprehension was in my Lord Ranalaugh on the words that fell from Sir George Ratcliffe at the Council-Board He Answered That my Lord Ranalaugh did conceive there was an intention to take Money forcibly in England and was much troubled with the words and cast out some such Speeches That we shall turn our swords on them from whom we are descended and having cut their throats make way for our own safety or some such words Lord Ranalaugh being Interrogated what his sense was of these words spoken by Sir George Ratcliffe He Answered That the expression of these words and some other words that fell from my Lord-Lieutenant to himself before his Lordships departure out of Ireland made him doubt that there might be some danger intended by the transportation of the Army and it was not his sense alone for upon discourse betwixt others that were of the Council and himself the like apprehensions were amongst them as between my Lord President of Munster and him and also between Sir Adam Loftus and him Those that durst be free one to another did express their fears and apprehensions about it Being asked what the words were my Lord of Strafford spake to him on which the apprehensions were grounded He Answered That it was thus My Lord of Strafford at his last being in Ireland was pleased to say to him My Lord will you buy any Land I will sell you all the Land I have in Ireland To which he the Lord Ranalaugh Answered That he is not able to buy Land being in debt and God forbid his Lordship should sell his Land in Ireland Truly says he my Lord we are like to have a troublesome world and I am willing to part with it To which the Lord Ranalaugh replyed it will be hard then with us that have no Estates but in Ireland No my Lord says my Lord of Strafford I do not mean it so for I believe you will be quieter here than they will be in England But he doth not think that ever he spake these last words to Sir Robert King in his life Being asked How he expressed his sense of those words to Sir Robert King He Answered That the first discourse was from Sir George Ratcliffe the latter was from my Lord to
His people and to make both happy but Parliaments as shall appear clearly and plainly by that time he hath given his proofs and so it will appear he meant only lawful ways The next particular wherewith he is charged is to procure the Parliament of the Kingdom of Ireland to declare their assistance in a War against the Scots For that if their Lordships please to give him leave he thinks the thing it self will best shew it self and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read And that of the Commons-House was read being in effect THe Declaration of the Commons-House there Importing Whereas they have with one consent cleerly given to His Majesty Four entire Subsidies towards His present preparations to reduce His disaffected Subjects the Covenanters in Scotland to their due obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for themselves and the Commons of this Kingdom do profess that their Zeal and Duty shall not stay here at these four Subsidies but Humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the world and succeding ages That as this Kingdom hath the happiness to be governed by the best of Kings so they desire to give cause That he shall account this people amongst the best of His Subjects The Declaration of the Lords Spiritual and Temporal being of the same Tenor was spared to be read Upon which my Lord of Strafford said That if he had procured this Declaration it had been no crime considering what preceeded in the Kings Council there But he says he hath no part in it it was done with the greatest freedom and cheerfulness that ever he did or shall see a thing of that nature done It must be ascribed to that Nation and the Zeal Affection and Chearfulness by which they discovered themselves to the Kings service to which there was no need to invite them But if he had had a part in it he might have justified it considering what precedent Instructions he had from the King which he could shew but that he is loath to take up their Lordships time The next thing he is charged withal is for confederating with Sir George Ratcliffe and together with him traiterously conspiring to employ the Army raised in Ireland for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and subverting the fundamental Laws of this Kingdom To which he saith That truly if it be made appear that he had so much as any such thought in his Breast he should easily give Judgement against himself as not worthy to live If he should confederate to the destruction of the Countrey that bore him and consequently to the making of himself and his posterity little else than Vassals who were born a free people by the goodness of Almighty God and under the Protection and Justice of the King and particularly of His Majesty That he hath a heart that loves freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it And therefore certainly he is not altogether so probably to be thought a person that would go against it Nay he thinks that man doth the King the best service that stands for the modest Propriety and Liberty of the Subject It hath been once his opinion which he learnt in the Honourable House of Commons when he had the honor to sit there it hath gone along with him in the whole course of his service to the Common-wealth and by the Grace of God he shall carry it to his Grave That the Prerogative of the Crown and Liberty of the Subject should be equally looked upon and served together but not apart The proof they offer for this is a strange manner of proof For First they prove by Sir Robert King what Sir George Ratcliffe said they will not admit the examination of Sir George Ratcliffe but here is a Report upon a Report And what sayes this Gentleman He tells of some time Sir George Ratcliffe said which was not concerning him the Defendant and was impertinent for him to repeat But the Deponent sayes in the conclusion That as he understood them there was some danger towards c. Then comes my Lord Ranalaugh and reports the words of Sir George Ratcliffe and in conclusion sayes That by some things he did gather he had fears there might be some intendment to employ that Army in Ireland or some other place but he the Defendant offers to their Lordships That what Sir George Ratcliffe said was nothing to him and so could not charge him with it The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney and it is a priviledge which though he hath the honor to be a Peer he shall never desire that a Peer may do it by Proxy Sir George Ratcliffe cannot speak nor procure Treason for him and being Sir George Ratcliffes words they cannot be his the Earl of Straffords offence and he hopes Sir George will answer them as an honest Gentleman and a Privy-Counsellor to the King which he hath the honor to be in Ireland And how Sir Robert King understood them is as little if not less to him the Defendant Sir Robert's understanding of a thing can make no crime to him my Lord of Strafford And for my Lord Ranalaugh's fears he may take them back again for it will be shewed they were groundless fears viz. That this Army was intended for English ground For him to imagine that because my Lord of Strafford said It was like to be a troublesome world and that he was willing to sell his Land therefore this Army should come into England These be Non sequiturs and fancies of his own and there was no colour for such fears in his Lordship Besides my Lord Ranalaugh was not acquainted with the Design and therefore he might easily mistake but others were acquainted with it in such manner as is expressed in his Answer and which my Lord said he shall now declare viz. That there was no intention or purpose of bringing this Irish Army into England And whereas to the Design he hath exprest in his Answer of having two Honourable Persons to be made privy and divers others to his Papers he Humbly besought their Lordships to favour him
were to fortifie the place after Landing at Aire and were Shipt and sent away but the Ships were not sent a good while after by reason of the slow proceedings of the Army Being asked whether my Lord of Strafford did not give him direction to get a Coast-Map to let him know the particular place where he intended to Land He Answered That he was particularly commanded to get a Platt drawn and the party that drew it is in Town and can testify that he designed him Being asked Whether he had not Commission and Instructions from my Lord of Strfford to discharge some Ships for the lessening of the Kings Charge and to take only so many as might be fit for the service He Answered That he received that command from my Lord Lieutenant to discharge most of the Ships and none went about but them that were laden with Ammunition and he received direction to take as few Ships as he could to prevent charge to His Majesty and discharged some 10 or 14 Flemish Ships that were fraighted This my Lord of Strafford said he offers because he would not have it stick with any man That in the things concerning the Kings Service necessaries were not ready at the time therefore he would not have any thing asperse him for the King never commanded him any thing but according to what he understood he did it faithfully and never any thing miscarried Sir William Pennyman being asked What my Lord of Strafford's Answer was to him when he told my Lord of some News scattered that the Irish Army were intended for England He Answered He did Ask such a Question and remembers it and may be more particularly than my Lord doth That he was newly come from his Quarter and my Lord told him That some of their Lordships were come with a Petition to the King and among other things Petitioned That the Irish Army should not come over and wondered their Lordships should Petition for that for certainly he should know that particular as much as their Lordships and protested before God they were never intended to set foot on English Ground That he Sir William Pennyman reply'd again Certainly a great many more were in a great deal of darkness and error for he had asked Sir Robert Farrar the Reason the Irish Army did not come over it being the conjecture of a great many they should Land at Workington and his Lordship protested again That he never knew they were to set foot on English ground He the Defendant confesseth he said The Army was to come to Workington and joyn with the Kings Forces at Barwick for he had no reason to prepare the Scots before-hand but to disguise the business though he never thought nor heard of any purpose under Heaven that any of them should come on English Ground And added That he did not rest here but acquainted my Lord of Ormond the Lieutenant-General of that Army my Lord President of Munster my Lord Justice Burlace who now is General of the Artillery that the Army was to be sent for Knockfergus the Northerly part of Ireland and the business to be for Scotland not for England And the sending of all the Stores to the uttermost Confines shews plainly and demonstratively that the Design wrought there howsoever it was pretended in another place The next thing brought into his Charge is from the Mouth of his own Brother and it is narrowly sought after even in his innermost friends his Brother his Table his House his Bed in every place for something to Convince him of that which he thanks God he was never guilty of It is from a Testimony of Sir Tho. Barrington who tells what passed between Sir Thomas and his Brother But in Answer thereunto he offers That what his Brother sayes is nothing to him his Brother is a young Gentleman and in things that concern the Kings service and where there lies the Obligation of an Oath his Brother knows no more from him than a meer stranger nor shall though he knows him well and therefore he hopes this cannot convince him when the whole course of his actions goes another way But thus much he must say for his Brother before he be Examined That when it was first opened in the Parliament House That one near to him in blood should say England would be never well till it be Conquer'd again he could not imagine who in the world it should be And besought their Lordships that since he now comes to know it his Brother may be Asked Whether he knows any thing of it Sir George Wentworth being to speak as to the said Discourse Mr. Maynard opposed this proceeding as tending to the clearing of himself supposing that if they had examined him whether he had spoken the words or no their Lordships would not have suffered him to be examined to charge himself and their Lordships Judgments were humbly demanded whether if he be not to be examined on one side he should be examined on the other But Sir George Wentworth desiring to be heard for his own Justification Mr. Maynard further offered That being for his own Justification he could not under favour of their Lordships be heard And their Lordships directed it accordingly My Lord of Strafford offering to their Lordships That it is easie to mistake words that pass betwixt Man and Man in ordinary and familiar Discourse and that Memories that can remember things so long since he protested are quicker and fresher then ever his was The Committee thereupon offered to confirm the Testimony by some other Circumstances but their Lordships seeming satisfied it was forborn And so my Lord of Strafford concluded that part of the Charge which concerned his Conspiring with Sir George Ratcliffe to bring over the Irish Army to the prejudice of England thinking as he said that he had clearly and evidently demonstrated it to be a truth that will not be denied him that the intendment was for no such purpose and consequently there was no such Conspiracy to any such intent and therefore left it to their Lordships further and wiser and nobler Considerations The next thing is the words Charged to have been spoken after his return into England to sundry persons declaring his Opinion That His Majesty should first try the Parliament here and if they did not supply Him according to His present exigency He might use His Prerogative as He pleased and to Levy what He needed And all the Proofe of these words is the Testimony of my Lord Primate whereunto he hath given that Answer already that he hopes will be satisfactory As to the other part That the King shall be acquitted before God and Men if he take other course to supply Himself though against the good will of His Subjects This he hath Answered already and shall not need to repeat But he finds some things in the Proofes which whether they mean to make use of to prove any of the words he knows not and
the Laws and Government of the Kingdom and the use made of the words is not that they are in themselves Treason but as they prove that intention But this is the work of another time being matter of Law and therefore Mr. Whitlock said he would say no more to it now neither doth it require his Answer nor is it at all to this business My Lord did much insist on it that there was no mention by any of the Lords that were of the Committee for the Scotch Affairs concerning the words of bringing the Army out of Ireland to reduce this Kingdom diverse of their Lordships being to that point examined But Mr. Treasurer Swears in the Affirmative he heard the words spoken and when they come to sum up the rest of these words and applying them to this shew the dependance they have one upon another their Lordships will see plainly that must be his intention and that there could be no other interpretation of his words It is possible for some that were at the Council not to hear the words and yet that disproves not a Witness that sayes in the Affirmative he did hear the words And though some of my Lords do not remember some other passages as That His Majesty was loose and absolved from all Rules of Government yet that is proved by two Witnesses and though the rest remember them not yet that stands clearly proved Other things which some of their Lordships did not remember were proved by three Witnesses Whence it may be deduced that what Mr. Treasurer deposes is to be believed though some of my Lords that were present did not remember it By making a sum and Collection of the words and comparing one with another it will appear very clear that my Lord of Straffords intention was to bring in that Army to reduce this Kingdom And first their Lordships will remember the words that passed betwixt Sir George Rateliffe and Sir Robert King and the Relation between my Lord of Strafford and Sir George Ratcliffe And before my Lord of Strafford came out of Ireland he gave direction to Sir George Ratcliffe and afterwards on a Discourse Sir Robert saying how my Lord of Strafford and how the said Sir George Ratcliffe had least cause to desire a War Sir George replyed We are ingaged not himself onely but We speaking of my Lord of Strafford are ingaged in a War and Sir George sayes further that the King hath 30000 Men and 400000 l. in his Purse and a Sword by His Side and if he wanted Money who would pity Him which cannot be intended but by raising of Money on the Subjects of England But besides their Lordships may remember the expression of my Lord Ranalaugh and Sir Robert King that these Forces were intended to be used for raising Moneys here and that my Lord of Strafford offers to sell his Land in Ireland Besides his Brother said the Commonwealth is sick of Peace and would not be well till it was Conquer'd again which must imply Force and an Army to do it It is a Proof of my Lord of Straffords intention that a Parliament should be summon'd to give Supply and if not that then it should be Dissolved and other Courses should be taken My Lord Primates Deposition is that in case of necessity His Majesty might use His Prerogative might levy what he needed only first it was fit to try the Parliament and if that succeeded not then to use his Prerogative as he pleases My Lord Conway proves the same Intention my Lord of Strafford saying to him That if the Parliament supplied not the King His Majesty would be acquitted before God and Men if he took some other course to supply himself though against the will of His Subjects And it cannot be intended to be against their will but it must be by force for if it be with their will it is voluntary And Mr. Treasurer proves that my Lord would be ready to serve the King any other way that is by Force by Armes or any way whatsoever Their Lordships may remember his words to His Majesty That the Parliament had denyed to supply Him that they had forsaken Him which was onely to incense His Majesty against Parliaments He told my Lord of Bristol in that Discourse with him that His Majesty was not to suffer Himself to be Mastered with the frowardness and undutifulness of His People and if His Majesty was not to suffer Himself to be Mastered by them but to Master them it cannot be but by strength of others My Lord of Holland proves more fully and my Lord of Newbrough concurs with him that His Majesty had an Advantage to supply Himself other wayes because the Parliament had denyed to supply Him And there be no other wayes save Parliament-wayes but extraordinary and illegal wayes My Lord of Strafford hath much laboured to answer and qualifie the last words but he comes short of it And those words are as fearful and of as high a nature as can be expressed by a Subject and by a Counsellor to his Soveraign The first part of the said last words are clearly proved by the Testimony of my Lord of Northumberland and Mr. Treasurer That the King had tryed His People and was Absolved from all Rules of Government That He was to do all that Power would admit that he had tryed all wayes and was refused and should be acquitted before God and men The latter part Mr. Treasurer onely reaches to that His Majesty had an Army in Ireland which He might imploy to reduce this Kingdom and comparing these words with the former if the King be absolved from all Rules of Government Which way can that Power be used but by bringing in an Army the latter words being dependant and consequent to the former and if they be compared together and sum'd up their Lordships will be satisfied that this was the intention of my Lord of Strafford to bring an Army out of Ireland into this Kingdom to reduce it and that his purpose was by a strong hand to compel the Subjects of the Kingdom to submit to an Arbitrary Power and whatsoever should be imposed on them And whereas my Lord makes it a great part of his excuse that nothing was executed upon this Counsel we must give humble thanks to His Majesty for if his Counsel might have taken place no doubt but that had been done which was laboured and advised to be done But a Gracious Sovereign would not take hold on those Counsels but rejected them as to that though so much was done on other Counsels and Misinformations of my Lord of Strafford as my Lord of Strafford will never be able to justifie That nothing is done is no excuse to him It is an Obligation to the Kings Subjects the more to Love and Honor him But it shews clearly my Lord of Straffords intention if it might have taken place to have changed the Lawes to have brought an Army upon us and by
with relation to action For these be Counsels and if a Man shall Counsel the death of the King Will any Man doubt whether this be Treason surely no man will doubt it that knowes the Laws of England The Treason is not in his words but in his wicked Counsels For under favor if it be true that he spake them they may be called wicked and that it is true they have offered proof and so he left it to their Lordships Mr. Glyn desired to add a word it concerning the Kingdom and Peers Their Lordships observe how my Lord of Strafford stands questioned for subverting of the Laws and for designing to introduce an Arbitrary Government the other day his design appeared in the exercising of a Tyrannical Power over the Persons Estates and Liberties of the Kings Subjects and though a design was in practice and something put in execution yet there was something left whereby that Treason might be raised to a higher strain For that proofs were produced the other day the exercise of this Tyrannical power in his person which was the stopping of the Streams of Justice but the Fountain of Justice was still uncorrupted and hope left and God be thanked we have hope still But this dayes work is to prove That he ascended the Throne and by his ill Counsels the Venome he had hatcht in his own heart he endeavored to infuse into the Kings Person to make Him of the same opinion with himself and that is to endeavor to corrupt the Fountain But God be thanked he hath met with a Gracious King upon whom he cannot prevaile The words laid to his Charge are very many That he should tell the King he was Absolved from all Rules of Government and that he had an Army in Ireland which he might employ to reduce this Kingdom The latter part of the words he hath endeavoured to answer and the former part proved by positive Witnesses which he hath not given answer to For the latter that concerns the Irish Army Mr. Glynn said He shall not need to put their Lordships in mind of any thing said but whereas my Lord sayes They are proved by one Witness only if your Lordships revise their Notes they shall find them prov'd by many Witnesses When he was not accused by the Commons he tells Sir William Pennyman at York he did intend to bring the Army into England but there was Vox populi and that 's a horrid Witness My Lord Cottington one of the Honourable persons present when the words were spoken testifies to their Lordships That he remembers my Lord of Strafford told the King That after things were setled he was bound to repair the property of the Subject and this under favour proves something for if some Counsel and advice were not given that there should be an invasion on the property what should engage him to tell the King he should restore it Here my Lord Cottington explained himself saying That his meaning was he hath often heard my Lord say The King and People would never be happy till there was a good agreement Mr. Glynn proeceded that if their Lordships please to look on my Lord of Straffords Interrogatory they shall find it asked his Lordship Whether he did not tell the King that he should make restitution of the Subjects propertie when the danger was over and why should his Conscience aske such a question unless there were Counsel given to invade the propriety of the Subject Your Lordships remember the words of Sir George Wentworth which Mr. Glynn said he will not repeat and when my Lord was fixed by the words of his Brother he said That tho he be my Brother I do not use to communicate my Counsels to him and that I am on my oath to conceal yet this great Counsel he did impart to Mr. Slingsby for his own purpose and to Sir William Pennyman And so having spoken to the latter part of the words the reducing of the Subjects of England by the Irish Army to shew that it stands not only on a single proof but if the whole be recollected together there be many things concurring to the positive proof thereof Mr. Glynn put their Lordships in mind of the other words to which two great Witnesses concurr and no Answer at all is given viz. That the Parliament denyed Supply and the King is loose and absolved from all rules of Government put the other words out of doors as they are not if the King be loose from all rules of Government is he not loose to doe what he will And Mr. Glynn added That he must needs give Answer to something that fell from my Lord concerning other words that they were words of Discourse and what he speaks at his Bed or his Table or in private Discourse he thinks they should not be brought against him But Mr. Glynn besought their Lordships to remember that if my Lord speaks the words as a Privy Counsellor speaking to the King concerning the Subjects property compare these words with the other Extermination and then see what the Case is The last thing in his Defence is as high as the Charge it self He is charged That being a Privy Counsellor and entrusted by the King and a man of such Eminence he should indeavour to infuse into the Kings Sacred Person such dangerous Counsels tending to the destruction of the Law and Government and consequently of King and Subject And in the close my Lord of Strafford put their Lordships in mind what a dangerous thing it is for one of the Kings Counsel to be charged for Words spoken at Council-Table to speak this in such a Presence before the Peers and Commons of the Realm that a Privy Counsellor who ought to be clear and candid is not to be questioned though he infuse dangerous Counsels That it is justification of his own Act and so great that he knows not how my Lord could say greater and so he said he hath no more to say their Lordships had heard the Proofs and Defence and comparing them together he doubts not but their Lordships are satisfied that the Commons had just cause to do what they have done My L of Strafford desired to answer one thing the Gentleman that spake last said touching his revealing the Kings Counsels to Mr. Slingsby and others he would be loth to be charged with breaking his Duty to God and the King but where he hath Power and Liberty for as concerning the imployment of that Army the King left it wholly to him to acquaint whom he thought fit for the bettering of the service But the thing that makes him rise is to represent to their Lordships that he hath been there constantly in a great deal of weakness and infirmity since 7 or 8 of the clock and now it is 5. That his Speech and Voice are spent and it is not possible for him to come here to morrow and therefore he most humbly besought their Lordships to
by themselves and drew this Petition for my Lord being Lord Lieutenant-General and a Privy-Counsellor they should not have been so free to deliver their opinions though he the Examinant thinks some of them should have been free enough They drew the Petition and he thinks there was 100 hands to it and being delivered to my Lord-Lieutenant he took exception because it concluded with desire of a Parliament and told them if they would leave out that Clause he would deliver it if not he would not and after long discourse wherein he shewed much Eloquence most of them continued their resolution to stand to that Petition and many went out of Town and left it without making question but it should be delivered to His Majesty My Lord after put it to Vote whereof there were many Papists and on the Vote delivered an Answer what he the Examinant doth not know for he staid behind to draw another Petition and an humble protestation to His Majesty that this Petition was the Answer of the Countrey Lord Wharton being Sworn and Examined to the point of the Petition His Lordship Answered That this was unexpected to him for he heard not of it from the Committee till he came into the place but he can perfectly speak to it having a little Interest in it himself being one of them who subscribed it That on Saturday in the afternoon being appointed to attend my Lord of Strafford touching this business for most of the Gentlemen desiring to be at home on a suddain went out of Town and desired him with some others to deliver this Petition to my Lord by his own hand to be delivered to the King he did so and accordingly desired my Lord to deliver it in the name of the Gentlemen that had set their Hands to it many being likewise with him on that occasion That my Lord of Strafford took exception to the clause for a Parliament and said That if they would put that out he would joyn in the rest of the Petition Divers of the Gentlemen that were there there being not many that had set their hands would not goe back from that which with so much Humility and Reason they thought was desired thereupon my Lord would not deliver it and went to the King But they that thought not fit to have the Petition altered thought not fit to go with him to the King and what he said he the Examinant knows not Sir William Pennyman being Sworn and Interrogated Whether a Warrant now shewed him was not under His Hand and Seal He confessed it was his Hand and Seal And that being desired to be read Sir William Pennyman offered to their Lordships that he presumes he comes to be a Witness against my Lord of Strafford not himself and referred it to their Lordships whether he should answer any thing against himself this having an oblique aspect on himself but if their Lordships will require him he will submit But Mr. Maynard upon opening of the matter shewing that they urge it only as grounded on my Lord of Strafford's Command for levying of Moneys It was read being to this effect To the Constable of Sergeant-Major Yaworthe's Company WHereas the Lord-Lieutenant-General of His Majesties Army by His Majesties Command sent forth Warrants to the Constable of this Weapontake of Longborough for Collecting and Paying the Soldiers of my Regiment Six weeks pay to be delivered from my hands which is not yet received from c. These are therefore once more in His Majesties Name to Will and Require you forthwith to pay or cause to be paid to the said Sergeant-Major the several Rates and Proportions both of the First and Second Contribution Assessed on your-Town c. And if any person or persons shall refuse so to do you are instantly on receit hereof to bring him or them c. to serve in their own persons for the defence of this County as the necessity of this Cause requires And hereof c. fail not 19 Octob. 1640. Sir William Pennyman being Asked Whether the Warrant was grounded on a former Command of my Lord of Strafford He Answered That he cannot directly speak to that he will not charge his memory with it for he thinks the first Warrant was issued by the Vice-President and whether any was issued by my Lord of Straffords direction he cannot Answer precisely but he conceives there was and he hath a confused notion in his head but he cannot particularly and distinctly remember it Being Asked Whether he knew any Deputy-Lieutenants were drawn to issue a Warrant to levy money on the Country on this ground that the Lords of the Great Council had consented to it He Answered That he conceives they were summoned thither together and on this occasion when the Trayned-Bands were disbanded it was thought fit the Frontier-Regiments viz. his the Examinants and Sir Thomas Danbies should be continued but he the Examinant Conceiving it unreasonable and unequal that they should continue at their own Charge and the rest not tributary to them and at least they not being ordered to march successively to relieve them he the Examinant complained thereof to my Lord of Strafford they were thereupon sent for and an Order was made to which he the Examinant refers himself Being asked Whether it was not to this effect Whether those that would not pay their Money should serve in Person He Answered Sure he believes it was for his Warrant is a relative Warrant to that other Being Asked On what Grounds the Deputy Lieutenants were induced to make such an Order and Whether it was not on an Allegation that the Lords of the Great Council had Consented or Commanded it should be done He Answered That he presumes it is matter of Record if a man may say so for the Warrant will speak But he presumes there was some such thing spoken by my Lord of Strafford that he had acquainted His Majesty with it or the Greatest Counsel or to that effect and that induced them to put that into the Preamble of the Order Being prest to speak his knowledge He Answered That truely he verily believes it was so Being prest again to speak his knowledge positively He Answered That he doth very Confidently and assuredly believe it is so but he doth not particularly remember it for it is a great while since he saw that Warrant but it is matter of Record and if he sees a Copy of the Warrant he shall let their Lordships know whether it be a true Copy Being prest further to Answer Upon what ground it was made And whether upon an Allegation of a Consent of the Lords of the great Council He Answered That he cannot further Answer than before he doth very confidently believe it to be so for he doth remember my Lord of Strafford told them he had acquainted the Kings Majesty or the Lords of the Great Council which induced them to put them into the preamble of the Order Being yet urged to
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
By my Faith I fear and doubt very much these Fears and Doubts might Accuse me and Condemn me of Treason more then once a Year But my Lords his Fears and Doubts he may keep to himself I hope they shall not be brought any way to the prejudice of me I am I thank God both confident and knowing there is no such thing The next is the Testimony of Mr. Treasurer Vane and the Words Mr. Treasurer doth Witness against me in that particular are as I conceive these that I should say to His Majesty in an Argument concerning an Offensive or Defensive War with Scotland Your Majesty hath tryed all wayes and are refused and in this extream necessity for the safety of the Kingdom and Your People You may imploy the Irish Army to reduce this Kingdom My Lords To this I say that under favour Mr. Treasurer was in this methoughts a little Dubious he was something doubtful for at the first he told your Lordships he would deal plainly and clearly with you that he knew before whom he spoke and then my Lords it was but to the best of his Remembrance that these and these words were spoken At the last my Lords being put to it more he was pleased to say that these were positively the words or something to that effect So my Lords here is but a dubious and uncertain Witness under favour and these Professions of his speaking clearly and plainly and of his Consideration before whom he was which are something unusual Clauses to Men that come to Swear upon Oath make me conceive him something Dubious in this point Secondly My Lords he is a Single Witness and not onely so but under favour disavowed by all the rest that were present at the Council my Lord of Northumberland remembred no such thing my Lord Marquiss of Hamilton remembred no such thing my Lord Treasurer remembred no such thing my Lord Cottington is very well assured he said no such thing for if he had he should have taken offence at it himself which he never did My Lords in the Third place He is pleased to mention That it was in a Debate Whether an Offensive or Defensive War and that then I should say The King had an Army in Ireland c. My Lords It falls out in time to be as I conceive to be about the 5 th of May last not many dayes sooner or later the Army of Ireland was not raised till Iune following So it seems I should tell the King a great untruth that he had an Army in Ireland which he might imploy for His Service before that Army was raised for it is a notorious thing and any of that Country knows that the Army was not raised till the Fifteenth of Iune as I remember Lastly In farther taking away of this Testimony I have proved it by a great many Witnesses beyond all exception that there was never any such intendment of the bringing this Army into England nay that the Design was quite otherwise and this hath been apparently cleared before your Lordships By the Testimony of my Lord of Northumberland Marquess of Hamilton Sir Thomas Lucas and Mr. Slingsby And might have been further justify'd by the Testimony of my Lord of Ormond President of Munster and Sir Iohn Burlace Master of the Ordnance in Ireland if they had been here to have been produced So that all these laid together the strong and clear proof on my part the producing of a single Witness which by the Proviso of 1 Edw. 6. cannot rise in Judgment against any man for High-Treason I trust all these laid together I shall appear to your Lordships clear and free from these two points whereupon they enforce me to be within the compass of Treason by the Statute alleadged The Third Treason that is laid to my Charge is upon the 27 th Article where Four Musquettiers being sent to Egton by Sergeant Major Yawerth to call for their Eight pence a day is prest upon me as a Levying of War upon the King and His People and to be High-Treason upon the Statute of 25 E. 3. These be wonderful Wars if we have no greater Wars then such as four men are able to raise by the Grace of God we shall not sleep very unquietly But How do they prove this to be done by me they produce to your Lordships the VVarrant of Sir William Pennyman but had no VVarrant at all of mine to shew Sir William Pennyman doth not alledge any VVarrant of mine to that purpose he speaks of a General VVarrant wherein I and the Deputy-Lieutenants joyne for the paying of the Fortnights pay as they call it and that is very true but that I should give VVarrant to Levy by Soldiers no such thing is proved no such thing is shewed no such thing is alleadged by Sir William Pennyman that best knew it and should do it in his own Justification if there were such a thing but on the other side I must humbly beseech your Lordships to mind you what a clear and full proofe I made thereof to you till you were weary though I think I could have continued it a year longer if need had been that there was nothing done by me in the Levying of the first Months pay or the second Fortnights pay but with full consent of the Country nothing being of Constraint nothing being of force put upon them The Second point was a VVarrant shewed to your Lordships or at least pretended from Sir Edward Osborne the Vice-President wherein he charges them to obey and persue the substance and direction of his VVarrant on pain of Death and this must likewise be laid to me My Lords I confess I have faults enough more then a good many though I trust neither so crying nor grievous as some would pretend them to be but Faults I have more then too many I need not take nor add to my self other Mens but whether this be a Fault or no I cannot undertake to Judge But certainly I am in no Fault for I was at when this VVarrant issued from Mr. Vice-President and I dare say he is a Gentleman so worthy and noble and so great a Lover of Truth that let him be examined upon Oath if he shall not absolutely clear me from Privity or Direction of it I so much rely on him that I will be thought Guilty before your Lordships for this Charge Now my Lords having gone over all that first part which I thought fit to apply my self to and that is Statute-Treason There is no Statute-Treasons in the whole Charge nor colour or pretence thereof save onely that of Newcastle which was waved In these my Lords I hope I am clear before your Lordships and sure I am they give me little disquiet for in good faith I am clear in my own poor Judgment Then comes in the second Condition of Treason in the charge and that is Constructive-Treason and it is laid down in the first Article of the General Charge For my
year of Edward the 1. a Writ went to the Justices in Ireland that Kingdom at that time was governed by Justices declaring That upon Petitions they were not to determine any Titles between party and party upon any pretence of profit whatsoever to the King In the Eight and twentieth year of Hen. the 6th Chap. 2. Suits in Equity not before the Deputy but in Chancery Suits at Common-Law not before him but in cases of Life in the Kings-Bench for Title of Lands or Goods in the proper Courts of the Kings-Bench or Common-Pleas This declared in the Instructions for Ireland in the latter end of King Iames His time and by the Proclamation in His Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said He should not thus proceed in the subversion of it he saith he will and will enforce Obedience by the Army this is as much in respect of the end as to endeavour the overthrow of the Statutes of Labourers of Victuals or of Merton for Inclosures here is a Warrant against the King in respect of the end 2. In respect of the Actions whether there be either a Levying of War or an open Deed or both My Lords There was an Army in Ireland at that time of Two thousand Horse and Foot by this Warrant there is a full designation of this whole Army and an Assignment of it over to Savill for this purpose The Warrant gives him power from time to time to take as many Soldiers Horse and Foot with an Officer throughout the whole Army as himself shall please here is the terror and awe of the whole Army to enforce Obedience My Lords If the Earl had Armed two thousand men Horse and Foot and formed them into Companies to this end your Lordships would have conceived that this had been a War It 's as much as in the Case of Sir Thomas Talbot who armed them in Assemblies This is the same with a breach of Trust added to it That Army which was first raised and afterwards committed to his Trust for the defence of the People is now destined by him to their destruction This assignation of the Army by his Warrant under his Hand and Seal is an open Act. My Lords Here 's not only an open Act done but a Levying of War Soldiers both Horse and Foot with an Officer in Warlike manner assessed upon the Subject which killed their Cattel consumed and wasted their Goods Your Lordships observe a great difference where six men go upon a design alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poor man fewer more upon a rich if the six had not been able the whole Army must make it good The reason that the Sheriff directed alone or but with one Bayliff to do execution is because he hath the Command of the Law the Kings Writ and the Posse Comitatus in case of resistance Here 's the Warrant of a General of an Army Here 's the Posse Exercitus the Power of the Army under the awe of the whole Army six may force more than sixty without it and although never above six in one place yet in several parts of the Kingdom at the same time might be above sixty for sessing of Soldiers was frequent it was the ordinary course for execution of his Orders The Lord-Lieutenant of a County in England hath a design to alter the Laws and Government nay admit the design goes not so high he only declares thus much he will order the Freeholders and Estates of the Inhabitants of the County at his own will and pleasure and doth accordingly proceed upon Paper-Petitions foreseeing there will be disobedience he grants out Warrants under his Hand and Seal to the Deputy-Lieutenants and Captains of the Trained-bands that upon refusal they will take such number of the Trained-Bands through the County with Officers as they shall think good and lay them upon the Lands and Houses of the refusers Soldiers in a Warlike manner are frequently sessed upon them accordingly your Lordships do conceive that this is a Levying of War within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not only against the Common-Law but likewise against the Statute of 28 Hen. 6th against the Acts of the Commissioners against Proclamations in persuance of the Law against that himself took notice of narrow-hearted Commissioners In this that here was an Army the Soldiers by profession acts of Hostility from them of greater terror than from Freeholders of the same County My Lords I have now done with the First of Levying of War The Second is the Machination the advising of a War The Case in this rests upon a Warrant to Savile and the advice in the 23 Article The Warrant shews a resolution of imploying the old Army of Ireland to the oppression of His Majesties Subjects and the Laws In the 23 Article having told His Majesty that he was loosed and absolved from Rules of Government and might doe every thing which Power might admit he proceeded further in speech to His Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdom My Lords Both being put together there 's a Machination a practice an advice to Levy War and by force to oppress and destroy His Majesties Subjects It hath been said the Statute of the 25 Edw. 3. is a penal Law and cannot be taken by equity and construction there must be an actual War the Statute makes it Treason to counterfeit the Kings Coin the conspiring the raising of Furnaces is no Treason unless he doth Nummum percutere actually Coin My Lords This is only said not proved the Law is otherwise the 19th Hen 6. fol. 49. there adjudged That the conspiring and aiding to counterfeit Coin was Treason and Justice Stamford fol. 331. 44. is of opinion that this or the conspiring to counterfeit the Great Seal is Treason The Statute is If any shall counterfeit the Great Seal conspiring to do it by the Book is Treason if a man take the Broad Seal from one Patent and put it to another here is no counterfeiting it 's tantamount and therefore Treason as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford If Machination or Plotting a War be not within that clause of the Statute of Levying of War yet it is within the first of compassing the death of the King as that which necessarily tends to the destruction both of King and People upon whose safety and protection he is to engage himself That this is Treason hath been adjudged both after the Statutes of 1 Hen. 4. cap. 10. and 1 Queen Mary so much insisted upon on the other side In the Third year of King Hen. 4th one Balshal coming from London found one Bernard
should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Council for an offensive War and putting all together I refer it your Lordships judgement who is the Incendiary for how can it be proved more clearly unless it should appear under his Hand and Seal proved by two or three witnesses Now My Lords how comes this to be his design here the Mystery comes to be unfolded Having thus incensed to the War and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his own creation as a means to draw on his design and that was necessity necessity is it that must enforce the King what to do to levy Money to use his Prerogative to raise supplies upon His Subjects without their consent against their Will necessity must be his Argument and this War must be the occasion of that necessity and without that he cannot suggest to the Kings ear or advise this necessity till this be brought to pass And now he hath brought it to pass he began in the One and twentieth Two and twentieth and Three and twentieth Article to perswade the King that necessity hath surprized him by the Parliaments deserting of him that the Parliament had forsaken the King in denying supply and having tryed the affections of His people he was loose and absolved from all rules of Government and had an Army in Ireland which he might employ to reduce this Kingdom That he spake these words to the King part is proved by two concurrent Witnesses that is that having tryed the affections of his people he was now loose and absolved from all rules of Government which words are proved by two witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his speech pretends that the most material words are proved but by one witness it seeming that he held it not a material charge that he counselled the King that he was absolved from all Rules of Government for my part if your Lordships be satisfied those words were proved I could willingly satisfy my own conscience in it and make no great matter to quit the rest for I know not how he could express it in higher terms than that the King was absolved from all rules of Government for then he might do what he would It is true the latter words touching the Irish Army are expresly proved but by one witness Mr. Secretary Vane but are fortified again with such circumstances as make up more than one yea more than two other witnesses if your Lordships will have the patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Ratcliffe his bosom friend to whom he had contributed without question his advice in all causes the said Sir George Ratcliffe expressed it before and told some of his friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the abundance of the heart his mouth spake the King must now want no money if he did no body would pity him now he had his sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoak of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Penniman himself his own witness and friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one witness And under favour my Lord Cottington if you call to mind his testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects property which must inferre he had advised an Invasion upon the property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own conscience told him he had advised somthing to invade upon the people when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Penniman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved
by two witnesses concerning the Kings being loose and absolved from rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary power above the Law in this Kingdom will upon the proofs putting them altogether and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his people was loose and absolved from all rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his people for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly My Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were against the will of the Subject and he doubts not but the Parliament would give What Twelve Subsidies and your Lordships very well remember Twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a Warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this design beforehand in his thoughts Now the Parliament being broken before answer to the Demand given he vents his Counsel in the Three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper-money to be advised and now comes he to tell the King that the Aldermen of London must be put to Fine and Ransome and laid by the heels and no good would be done till some of them be hanged so you hear his advice I beseech your Lordships observe what success this advice took Four Aldermen were instantly committed and then the Counsel of the Three and twentieth Article is fomented First He foments the War then there is a necessity the defection of the Parliament must set the King loose from rules of Government and now see whether the occasion of the War the calling of the Parliament the dissolving of it be not adequate to what he propounded to himself namely to set up an Arbitrary Government Your Lordships remember how fresh my Lord of Bristols memory is touching my Lord of Straffords opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristol instantly within three or four days after That the King was not to be mastered by the frowardness of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lords own Brother that knew much of his Counsel and his words are That the English Nation would never be well till they were conquered over again So my Lords put all together if he declared his own intentions if actions in executing this Tyrannical and Arbitrary Power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient Evidence to prove an intention and desire to subvert the Law I know not what can prove such an interpretation and now I refer it to your Lordships judgements whether here be not a good proof of the Article laid to his chage My Lords in the Seven and twentieth Article he is charged with levying of War upon the Kings people by forcing them in Yorkshire to pay Money to prove they were so forced you have heard by two witnesses that Sergeant Major Yaworth by Musquetiers four together in the Town and one by one out of the Town did compel them to pay the fortnights contribution else they were to serve in person That he did this by Warrant is likewise confessed by Sir William Pennyman and whether this were an authority derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sir William Pennyman himself being examined alledged that the Warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before-hand as is proved by two witnesses Sir William Ingram and Mr. Cholmley that this Money should be paid or levied on the Subjects Goods Then his Declaration
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 Politâans 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 ãâã of ãâã 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
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
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
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
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
demand he confest he was the Lady Hibbots Son by a former Husband and that the Inheritance is now in him But my Lord of Strafford observed if he can recover 3 or 4000 l. upon his Oath for his Mother It is well And their Lordships admitted him to be examined He was asked What he knew concerning the Agreement between Thomas Hibbots and the Lady Hibbots for the Purchase of the Reversion of the said Lands the tearms and times He Answered with desire to use his Notes That Thomas Hibbots about 7. September continued two or three days in Dublin and then came to Castlington continued there a full day and not a word spoken of the Bargain That the Writings whereby the Estate was setled were shewed him the said Thomas and he read them That being asked Whether he would have more satisfaction He said He was satisfied being demanded whether he would live in Ireland and keep his Estate he said No and that he would sell most of it That the Lady Hibbots desired she might be preferred in the Sale having interest by Joynture and she conceived it for life and demanded what he would ask that he answered What she pleased above 2000 l. That being asked Whether he knew the Land he answered He knew it for some years before he was in Ireland in Sir Thomas his life time and a Servant of his had shewed him the Land That she offered 1500 l. and he said For 1600 l. she should have it and so it was agreed That she sent the Deponent up for 100 l. but the said Thomas said He would not use so much and took only 20 s. to bind the Bargain That on Monday following they went to Dublin to draw up Articles to perfect the Bargain and two or three days were spent about it That he the Deponent tendered the Articles and he the said Thomas excepted against the general Warranty which he desired might be amended and then he would perfect them and it was amended accordingly That in the interim the day before Sir Robert Meredith went to him and treated with him offering if he would break off he the said Sir Robert would save him harmless as Thomas Hibbots told him the Deponent That thereupon Thomas Hibbots flies off and told him the Deponent Sir Robert Meredith offered him 2250 l. That thereupon he the Deponent left the Town and went to his Mother and informed her of it That before the breach of the Bargain he the Deponent procured a Subpaena to sue the said Thomas thereupon and that the said Lady coming to Town with the Deponent the said Thomas came to her and being asked the reason why he would break the Bargain he answered Sir Robert Meredith had offered so much and she answering That she would not give an under-value because she would not have another get the Reversion He Replied That for 2500 l. she might have it which she was content to give and the Agreement was made That the said Thomas went immediately to Sir Robert Meredith to give him an Answer and satisfied him That he the Deponent met Sir Robert Meredith coming out of his Lodging and challenged him of this unneighborly courtesie who said it is true he was about it but the Lady Hibbots had bid more than he and wished her much joy of it That the next day the Articles for the 1600 l. were perfected and a Bond given for 900 l. to make it up the Sum of 2500 l. and this to be paid in England for there was no motion about Land in England from the said Thomas That two days after he the said Thomas went to Iohn Martin who had a little Estate and treated for the Estate for which he was to give him 1900 l. That the said Thomas came back to Dublin and tells the Deponent of it who had taken a course to exchange 2000 l. for him and was to have near 80 l. for exchange of it That notwithstanding on Mr. Hibbots return he the Deponent was content he should have it paid there That soon after Thomas Hibbots acknowledged a Fine perfected a Feoffment and so passed all the Estate that could be in himself But the Lady thought it could not be secure without a Recovery for the said Thomas had but one Son who had no Son and the life of the man is uncertain yet before that was desired Thomas Hibbots saying Mr. Martin was willing to receive the money he the Deponent appointed a day for receiving of it and paid Mr. Martin 1800 l. giving Bond for payment of 100 l. 16. November this being 9th of October That he delivered Mr. Hibbots 60 l. and procured a Bill of Exchange to be paid at Nesson on sight 40 l. That he took up the 900 l. Bond entred into by his Mother and gave a Bond for payment of 500 l. at Chester a day following That the money being sealed up by Mr. Martin it was left there that night and the next day they were to go to the Lady to enquire if they had sufficient Security and went accordingly and carried the Deeds along with them That the Ladies Council told her a Recovery was necessary which might be done the first day of the Term. That he the Deponent desired Mr. Hibbots to stay till the Term and offered to bear his Charges but he would not Winter growing on and said plainly He would not stay That thereupon he the Deponent served him with a Writ he had prepared on the first Bargain That immediately the said Thomas goes away to Mr. Sambridge and informed him that he had been often with him the Deponent to break the Bargain and now is served with a Writ and therefore prayed him to draw a Petition to my Lord-Deputy which was drawn accordingly To which the Lady and Deponent had time to Answer till Thursday That the time was short and there was a mistake in the Answer for it was set forth that the Lady had an Estate for life whereas she had an Estate but for 99 years if she lived so long That on this mistake discovered my Lord-Deputy called for the Constable of the Castle and commanded the Clerk of the Council to draw a Warrant to commit their Council till the Gentleman fell on his knees and openly asked forgiveness That then they could hardly get Council to plead That there was a Reply and Rejoynder And in the interim Mr. Hibbots came to him the Deponent went to the Master of the Wards and desired to be dismissed That Sir George Ratcliffe appointed them to attend him which they did That Sir George took Mr. Hibbots with him and on Sunday following the Lord-Deputy being informed of Hibbots consent on Monday he sent for Hibbots and wishes him to go on with the Suit and asked him What hurt it would do him to carry 500 l. more to England The next day being Tuesday there was no Witnesses examined though a time was appointed to examine them for the Clerk of the Council was
three as he takes it Being Asked in what Case it was He Answered A Merchant of Manchester trusted with Money or Commodities and being not able to pay him he sued him and so far that he got a Warrant and this was before my Lord Deputy on a Paper-Petition Being Asked How long the Soldiers remained there He Answered some three or four dayes till the Man surrendred himself to the Sergeant at Armes Edmond Berne being Sworn and Interrogated How many Soldiers were laid upon himself by vertue of this Warrant and For what cause and What Contempt and What was the loss and Whether the Soldiers were Armed He in his several Answers Deposed That there came to his House Ten of my Lord Deputies own Foot-guard and an Officer in the County of Wicklowe in Ireland in the Bernes Countrey 12 Miles from Dublin That it was on the 17 th or 18 th of October 1639 and they came on his Land under colour of a Contempt and there lay 15 dayes In which time they consumed and devoured all his Goods and Chattels they found at that time They Thrasht out three Ricks of Corn one of Wheat one of Rye the other of Oates which were very well worth 50 l. at the least After they had Thrashed this Corn and devoured the Victuals they found in the house and about the house they sent some of this Corn to a Market-Town within three Miles called Bray and that they sold for Tobacco Aquavitae some Beer and Victuals for themselves And they would not be content with this to satisfie themselves on his Goods but they must bring in the Women of the Town and made the Women drink and offered to Ravish them but that some of the Town came in to Rescue them That after they had consumed all his Goods they broke up his Tenants doors killed their Geese their Hens and destroyed their Victuals and when they had destroyed all his Tenants Goods they came on the Town-people which were not his Tenants and broke open their doors and struck them and eat their Victuals and killed their Geese and Hens and after they came to his Tenant one Timothy Wells they came on his Land and understanding he was his Tenant they took away 40 English Sheep and brought them to his house and there that night they killed two of them That his Tenant understanding them to be there referred himself to the Lord Chief Justice of Ireland then and Petitioned to this purpose that is my Lord Dillon and Sir Christopher Wainsford that Mr. Wells which was his Tenant had an Order to take away his Sheep from the Soldiers and then the Soldiers Reply'd That since he had got an Order to take away his Sheep they were sorry they did not kill more of them That they were not content to have Wood which was for his the Deponents own fuell and to destroy that but they burnt his Partitions his very House-door sold his Trunck his Bedsteads his Dining-Table and all they could light on in his house that after this time he was not able to keep house but left his Wife and Children to the courtesie of his friends and was fain to flie his Countrey and to serve in the Low Countreys as a Soldier that he may very well take it on his oath that this loss was at least 500 l. out of his way for he was not able to sow the Fallowes and was fain to break up House and Home and was never able to keep House since That this was upon colour of a contempt upon a Petition preferred against him to my Lord Deputy by Mr. Thomas Archibald for a pretended debt of a matter of Ten pounds and these Soldiers were armed with Swords Musquets and Halbeards some of them Being Interrogated on my Lord of Strafford's motion whether he the Lord Strafford was then in Ireland He Answered That before the Soldiers came on his Land my Lord Deputy came to England But Mr. Palmer observed that the Warrant was from my Lord Deputy and Mr. Palmer added that all will refer to the time of the Warrant dormant Being asked what Warrant was shewed for laying on these numbers of Foot He Answered That he durst not come in their sight But Mr. Maynard observed that this was one of the men Savill did lay Soldiers on and therefore it behoved to be by that Warrant Being asked whether the Debt might not have been compounded for 5 l. and why he would not rather pay 5 l. than suffer prejudice to 500 l He Answered to the First Yes To the Second That he conceived the Debt not lawfully due Mr. Robert Kennedy being Sworn and Interrogated what he knew of the laying of Soldiers on the said Berne and the occasion and what they did He Answered That one Archibald preferred a Petition against Berne for a pretended Debt to my Lord Lieutenant and as his usual course was his Lordship would referr the matter to the two next Justices of Peace uninteressed and they to determine the matter by consent if they could else to certify that the party bringing the Petition to him the Deponent desired him to draw the Warrant according to my Lord-Lieutenants Order They sent a Warrant for Berne who appearing they examined the business and it was so trivial that he the Deponent desired them to compound it Berne stood on it that the Plaintiff ought to have none and would pay him none They certified my Lord Lieutenant After this Certificate he the Deponent heard not of it till he heard that Soldiers came to this Gentlemans Land and hearing of it and that some Tenants of his the Deponents were wronged by it he came thither and some of them he knew and asking by what authority they were there We come say they by Warrant of the Sergeant at Arms Mr. Pigott That the Deponent thereupon said Mr. Pigott hath no Warrant Yes say they my Lord Lieutenants and he directed us not to leave till Berne delivered his Body for a contempt That he the Deponent Answered Though you have a Warrant for lying on his Land you have no Warrant to destroy his Goods for they were selling his Corn and loaded the Horses that went through the Town That there was to the number of 8 or 12 of my Lords Guard armed with Pikes and Guns and Swords But my Lord of Strafford he thinks was not then in Ireland he was newly gone Being asked on my Lord of Strafford's motion whether he saw the Warrant under Pigotts hand He Answered He did not but the Soldiers told him Pigott laid them on the Land by virtue of my Lord Deputies Warrant Being asked how long Pigott had been a Sergeant He Answered About Ten years And whether there was any more than two He Answered No more that attended the State and Mr. Kenneday added that he wondred at the course for he never heard of any such course before my Lord of Straffords time Mr. Palmer here observed that they were
and they were to give an Answer the next day about the making of it That was about the Expedition and what it would cost and two other Particulars the Paper Sir William Parkhurst hath But some of them spoke against the making of the Money Mr. Palmer and the rest shewed the inconvenience of it and then my Lord pull'd out a Letter in French and read it in English to this purpose That the King of France raised money by force sending Commissaries of Horse to look into their Books and Estates and levy money accordingly and did turn about to my Lord Cottington and said My Lord this is worthy your consideration or hearing or words to that purpose Being Asked on my Lord of Straffords motion Where it was spoken He Answered It was spoken at my Lords House in the Fields in the presence of Sir William Parkhurst Lord Cottington Mr. Palmer and himself Sir William Parkhurst being Sworn and Interrogated What my Lord of Strafford said when he and the rest attended him about the Copper Money He Answered That they were sent for and the first Question they were asked was What sorts of Money were made in Queen Elizabeths time of Copper for the Kingdom of Ireland they told him what they were and that they could produce the Indentures and Circumstances of making those Monyes and they had diverse Discourses of the matter of Money and it was resolved into certain Queries that they should consider of which he the Examinant was never formerly examined of and the Papers are not here neither was he warned hither to day And in the discourse of these Moneys my Lord of Strafford did produce a Letter written in French as newes lately received from thence and doubting whether they understood French or no he Englished it in these kinds of words or thus much in substance That the French King had lately sent certain Commissaries or Commissioners into diverse parts of France there to take and peruse the Accompts of Merchants and the Books of Mens Estates whereby they might know what Estates they had and this is the substance of what he can say and further he heard him not say Being Asked on my Lord of Straffords motion Who was there present He Answered My Lord of Strafford my Lord Cottington Mr. Palmer Mr. Gogan and himself Being Asked on the like motion Whether he heard my Lord of Strafford offer to my Lord Cottington That this was worthy his consideration or notice He Answered That he did not hear it Being Asked Whether he said That if the King should do so he should follow the Example of other Princes He Answered No. Sir Ralph Freeman being Asked What words my Lord of Strafford spake concerning Copper Money If it were refused to be taken He Answered That he was not there at the first meeting but at the private Council His Majesty being present there was a Debate about Paying Copper-Money and he the Examinant Answering That they would not work if they were paid in Copper Money My Lord of Strafford replied You know what course to take with them you may send them to the House of Correction This is all he heard Mr. Maynard desired Tho. Skinners Examination might be read as to the matter which Mr. Stewart was examined to he being seen at Westminster that morning and acknowledged that he was to be examined here as a Witness and it seems could not get in or is otherwise kept away My Lord of Strafford desired they might reserve the advantage of him and he would give way to it Mr. Maynard answered That when he sayes a Witness may be kept away it is not that he is kept away for he is here but if a Witness hath been examined and doth not come his Examinations may be read for it is possible a Witness may be kept away though he be not sick George Henley being Sworn and Interrogated Whether he saw Skinner this morning at Westminster He Answered He saw him in the Pallace-yard and he told him the Examinant that he the said Skinner was to be here as a Witness My Lord of Strafford desiring that liberty for him to Cross-examine him might be reserved and that being granted the Examinations were read The Examination of Tho. Skinner Gent. taken the 8th Ian. 1641. To the 98 Interrogatory he saith That he attended Mr. Edwards and other Merchants-Adventurers to the Lord-Lieutenant a little after the stay of the Money and Bullion in the Mynt and the said Merchants represented divers inconveniences to his Lordship which might arise from the stay thereof and alleadged That it would occasion a seisure of the English Merchants beyond the Seas Whereupon his Lordship said He did not know of the seisure until that morning But if any Inconvenience happen they may thank themselves and his Lordship further said that though this act might seem strange in England it was no newes in other Countries Where Princes made use of such means to serve their occasions and his Lordship did very much tax and blame the City of London saying They dealt unworthily with His Majesty in refusing to pay the 14000 l. of Ship-money which was His due and that they were more ready to hold with Rebels than with His Majesty and that they dealt unthankfully with His Majesty in not relieving him in His great Necessities And so Mr. Maynard concluded this Article the words charged being proved and my Lord of Straffords Answer was expected After a small time given him to recollect his Notes my Lord of Strafford made his Defence in substance as followeth That he is to give his Defence to the 26th Article the first part whereof was That he should Counsel and Approve two dangerous and wicked Projects First To seize on the Bullion and money in the mint Secondly To debase the Coyn with mixture of Brass That he hath in his Answer denied either the Counselling or the approving of these Projects as they call them and for that part which indeed would be the principal thing in the Charge if it were proved there is no offer of any proof at all that is concerning his Approving Counselling or devising those Projects To this he Answereth It will appear in their own proof he the Defendant did not Counsel the seising of the money for Mr. Edwards acknowledges when they came to acquaint him with the business he professed he knew nothing of it Nor did he being then sick and unfit for this matter And Mr. Skinner sayes He my Lord of Strafford told them That he knew nothing of the seizure of that money So that there is no Proof against him and the Proof brought Acquits him as to that For the debasing of the Coyn Mr. Palmer sayes That he and the rest of the Officers giving Reasons against it he my Lord of Strafford gave it over He remembers very well there was some speech about the Copper Coyn and that Information was to be given what Queen Elizabeth had done in
King His Queen and Children Intention is Treasonable yet in all other things there mentioned there must be Action besides Intention for it is not said If a Man do intend to Kill a Chancellor it shall be Treason but if he doth Kill him and if he doth actually Counterfeit the Broad Seal And although a Man should prepare a Furnace make ready his Stamp melt his Bullion yet if he gives not the Kings Impression upon the Coyn all his Intentions yea his Preparations will not serve to make up a Treason Ye see therefore my Lords that the Body of the Statute cannot stick against the Lord Strafford neither in Letter nor Consequence this is not that must not be All that can be said is That the Fact may be Treason by the Common Law For my part I profess my Ignorance who ever thought the Common Law might declare but never make a Treason it might be presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it it is to say It is no Treason at all the Statute ever makes the Treason and to be declared Treason either by Common Law or by Parliament are but two different wayes of proceedings and must both resolve into one Principle nay and which comes home to the Point in the 21 of Edward the Third To kill a Man employed in the Kings War was Treason and the 23 d to kill the King's Messenger was Treason by Declaration of the Common Law but alwayes by reason of the Statute yet none of these are Treasons but Felonies onely because of the intervening Statute of the 25 th of Edward the Third such hath ever been thought the force of its Letter and Declaration and so I will leave it and a word or two of the Salvo which is this That because all particulars could not be enumerated therefore what the Parliament should declare to be Treasonable in time to come should be punished as a Treason And according to this Reservative in the 8 th year of King Richard the Second one charged before the Kings Bench was afterwards referred to the Parliament and there though the Fact was not contained in the Body of the Statute yet because of the Proviso afore-mentioned it was Adjudged Treason In the 11th year of the same King the Duke of Ireland and Nevill Archbishop of York were Impeached of High-Treason by Gloucester Arundel and Warwick and notwithstanding the Statute were convicted thereof by the Salvo but in the 21 of the same Richard the 2 d the Tide turned and the King had such a Hand with the Parliament that the Sentence was Recalled and those Three Noblemen themselves were Adjudged Traytors again in the 1 of Hen. the Fourth His Successor that Revocation of the 21 Richard the Second was Repealed and the Sentence of the 11th of His Reign Established Such were the tossings too and fro of Treason and all because of that uncertain Proviso Therefore it was that in the same Parliament the 1 Hen. the Fourth a Petition was preferred by the Nobility to have Treason limited within some Statute Because they knew not what to speak or what to do for fear thereof And in Chap. 10. an Act was made upon this Petition That the Salvo should be holden Repealed in all times to come and nothing esteemed Treason but what was Literally contained in the 25th of Edward the Third And therefore it is said in the Records That there was Great Joy at the making of this Act in that the Drawn Sword hanging over every Mans head by this Slender Thread of a Consequence or Illation was removed by that Act. Add to this that in the First of Queen Mary Cap. 1. the same is Repeated That no Man shall be punished in Life or Estate as a Traytor but for the Crime contained in the Statute of 25 Edward the Third without the least mention of the pretended Salvo The Earl of Northumberlands Case comes nigh to the Point he was charged with Treason the 5th of Henry the Fourth and if the Statute of the 1 Henry 4th Chap. 10. whereby this Proviso is Repealed had not intervened no doubt he had been Condemned of Treason but he was onely Convict of Felony and that because he could not be drawn within the Letter of the Statute of the 25th of Edward the Third And I dare confidently say it that since that Act was made the 1 Henry the Fourth Chap. 10. whereby the Proviso is Repealed no Man hath ever been declared a Traytor either by King or Parliament except it were upon that or some other Statute Literally and Declaratively taken These two things I do offer to your Lordships Considerations That the Lord Strafford cannot be Impeached of Treason by the Statute of 25th Edward the Third and that the Salvo contained in the same stands Repealed almost Two hundred years agoe And this is all I conceive to be necessary for that Statute which was Alledged by the Lord Strafford in his Defence for matter of Law The Recorder said He could add nothing to what the former Councel had spoken for matter of Law but if their Lordships would state unto him any further Questions he was ready to give his Resolution according to his best ability Mr. St. JOHN'S ARGUMENT OF LAW CONCERNING The Bill of Attainder April 29th 1641. MY Lords The Knights Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the Attainting of Thomas Earl of Strafford of High-Treason The Bill hath been transmitted from them to your Lordships it concerns not him alone but your Lordships and the Commons too though in different respects It concerns his Lordship the highest that can be in the Penal Part so it doth on the other side as highly concern your Lordships and the Commons in that which ought to be the tendrest the Judicatory within that that Judge not them who Judge him and in that which is most Sacred amonst Men the Publick Justice of the Kingdom The King is to be accounted unto for the loss of the meanest Member much more of one so near the Head The Commons are concerned in their Account for what is done your Lordships in that which is to be done The business therefore of the present Conference is to acquaint your Lordships with those things that satisfy'd the Commons in Passing of this Bill such of them as have come within my capacity and that I can remember I am Commanded from the Commons at this time to present unto your Lordships My Lords in Judgment of greatest Moment there are but two wayes for satisfying those that are to give them either the Lex lata the Law already established or else the use of the same Power for making new Laws whereby the old at first received life In the first consideration of the setled Laws in the degrees of Punishment the Positive Law received by General Consent and for the Common Good is sufficient to satisfie
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-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
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
Parliament finding to the grief of our hearts that the Designs of the Priests and Jesuits and other Adherents to the See of Rome have of late been more boldly and frequently put in practise than formerly to the undermining and danger of the true Reformed Protestant Religion in His Majesties Dominions established And finding also that there hath been and having just cause to suspect there still are even during the Sitting in Parliament endeavours to subvert the Fundamental Laws of England and Ireland and to introduce the exercise of an Arbitrary and Tyrannical Government by most pernicious and wicked Counsels Practises Plots and Conspiracies and that the long intermission and unhappier breach of Parliaments hath occasioned many illegal Taxations whereby the Subjects have been prosecuted and grieved And that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of His Majesties Dominions Jealousies raised and fomented between the King and his people A Popish Army levied in Ireland and two Armies brought into the Bowels of this Kingdom to the hazard of His Majesties Royal Person the Consumption of the Revenue of the Crown and the Treasure of this Realm And lastly finding the great causes of jealousie that endeavours have been and are used to bring the English Army into a misunderstanding of this Parliament thereby to encline that Army by force to bring that Army to pass those wicked Counsels have therefore thought good to joyn our Selves in a Declaration of our united affections and Resolutions and to make this ensuing Protestation The Protestation I A. B. Doe in the presence of God Promise Vow and Protest to maintain and Defend as far as lawfully I may with my Life Power and Estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovation within this Realm contrary to the said Doctrine and according to the Duty of my Allegiance I will Maintain and Defend His Majesties Royal Person and Estate As also the Power and Priviledge of Parliaments the lawful Rights and Liberties of the Subjects And every Person that shall make this Protestation in whatsoever he shall do in the lawful pursuance of the same And to my power as far as lawfully I may I will oppose and by all good ways and means endeavour to bring to condigne punishment all such as shall by Force Practise Counsels Plots Conspiracies or otherwise do any thing to the contrary in this prsent Protestation contained And further That I shall in all Iust and Honourable ways endeavours to preserve the Union and Peace betwixt the Three Kingdoms of England Scotland and Ireland and neither for Hope Fear or any other Respects shall relinquish this Promise Vow and Protestation This Protestation was read by Mr. Mainard Here followeth the Names of the Members of the House of Commons who took the same May 3. 1640. viz. WIll Lenthal Esq Speak Edward Hide George L. Digby Lord Faulkland Sir Iohn Culpepper Iohn Selden Orlando Bridgeman Sir William Pennyman Sir Henry Herbert Sir Tho. Fanshaw Sir William Widdrington Sir Fredreick Cornwallis Robert Holborne Esq Tho. Chicheley Esq Sir George Wentworth William Mallory Esq Io. Bellasis Esq Sir Guy Palmes Edm. Waller Esq Sidney Godolphin Esq Sir Nich. Slany Sir Hen. Slingsby Tho Iermin Esq Sir Tho. Peyton Sir Philip Musgrave Sir Patricius Curwin Sir Iohn Stowel Sir Iohn Strangwayes Sir Iohn Paulet Sir Rich. Wynn. Tho. Tomkins Esq Arthur Capel Esq Iames L. Compton Sir Ralph Hopton Geofrey Palmer Esq Io. Vaughan Esq Edw. Montague Esq Geo. Montague Esq Will. Plydell Esq Sir Iohn Paulet Charles Price Esq Herbert Price Esq Sir Ralph Sidenham Fitzwilliam Cognisby Esq Baptist Noel Esq Sir Roger Palmer Iohn Coventry Esq Edw. Seymor Esq Sir Arthur Ingram Sir Tho. Ingram Sir Edw. Verney Sir Ralph Verney Eranics Newport Esq Ben. Weston Esq Lord Mansfield Sir William Carnaby Sir Nicholas Slaning Io. Craven Esq William Constantine Esq Sir Edw. Deering Sir Geo. Dalston Sir Tho. Bowyer Io. Hamden Esq Henry Pelham Esq Sir Tho. Widdrington Sir Henry Herbert Sir Edw. Bainton Iames Cambel Esq Sir Tho. Heale Sir Henry Anderson Sir Harbottle Grimston Sir Robert Pye Senior Ferd. L. Fairfax Sir Henry Mildmay Sir William Armyn Sir Roger North. Sir Walter Deaveraux Tho. Hatcher Esq Sir Chr. Yelverton William L. Russel Sir Philip Stapleton Sir Henry Cholmly Sir Iohn Hotham Iohn Pym Esq Sir Ben. Rudyard Herbert Esq Digby Esq Sir Gilbert Gerrard Lord Ruthen Sir Nevil Pool Denzil Hollis Esq Iohn Maynard Esq Sir Robert Harly Iohn Glyn Esq Sir Tho. Barrington William Stroud Esq Nathan Fines Esq Henry Martin Esq Iohn Bodvil Esq Sir Fran. Knoles Rich. Shettleworth Esq Iohn Moor Esq Sir Simon D'Ewes Sir Iohn Wray Sir Chr. Wray Sir Martin Lomly Herbert Morly Esq Tho. L. Grey Rog. Burgoine Esq Sir Edw. Hungerford Sir Iohn Curson Will. Perepoint Esq Iohn Marstal Esq Hugh Owen Esq Norton Knatchbold Esq Sir Ed. Hales Sir Ed. Master Iohn Cowcher Esq Sir William Strickland Sir Edw. Boys Sir Tho. Walsingham Sir Peter Wrath. Tho. Maleveror Esq Edw. Bainton Esq Oliver Cromwel Esq Sir Gilbert Pickering Will. Whittaker Esq Mich. Oldsworth Esq Sir Iohn Harrison Sir Hugh Cholmley Isaack Penington Esq George Peard Esq Sir Io. Howard Henry Vaughan Esq Ed. Kirton Esq Ed. Bagshaw Esq Sir Walter Smith Rich. Harding Esq Bulstred Whitlock Esq Will. Price Esq Henry Lucas Esq Gilbert Willington Esq Sir Tho. Huchinson Sir Will. Morly Sir Henry Bellingham Sir Iohn Frankland Sir Iohn Clotworthy Sir Edw. Munford Will. Kage Esq Iohn Northcot Esq Sir Tho. Middleton Sir Iohn Salisbury Sir Ro. Nappier Tho. Lower Esq Fran. Gerrard Esq Perigrin Pelham Esq Tho. Fountain Esq Hen. Vernon Esq Lord Lisle Ed. Dawx Esq Ro. Scowen Esq Sir Dudly North. Lawrance Whitaker Esq Sir Humphry Tufton Henry Heyman Esq Tho. Hiblethwait Esq Arthur Iones Esq Will. Bell Esq Io. Harvy Esq Io. Ash Esq Geo. Gallop Esq Io. Nash Esq Edw. Ash Esq Rich. Seaburn Esq Cornelius Holland Esq Edm. Dunch Esq Rich. Barwis Esq Humph. Hook Esq Ro. Trelawny Esq Rich. Weston Esq Iohn Goodwin Esq Nath. Stephen Esq Io. White Esq Sir Ed. Griffin Rich. Albrough Esq Dr. Sam. Turner Ral. Snead Esq Ed. Patridge Esq Sir Peter Temple Poynings Moore Esq Sir Will. Lewis Peter Venebles Esq Hen. Killagrew Esq Iohn Harris Esq Io. Moston Esq Peter Leigh Esq Dr. Tho. Eaden Will. Glanvil Esq Arthur Goodwin Esq Edw. Owner Esq Tho. Toll Esq Iohn Polwhil Esq Simon Thelwal Esq Oliv. St. Iohn Regis Sol. Sir Will. Allynson Io. Crew Rich. Catelin Esq Ro. Goodwy Esq Io. Blakeston Esq Sir Will. Brereton Miles Corbet Esq Phil. Smith Esq Sir Rich. Vivion Ravenscroft Esq Sir Tho. Middleton Rich. Kingsly Esq Ralph Ashton Esq Will. Fitzwilliams Esq Henry Bellasis Esq Sir Edw. Ascue Sir Edm. Fowel Sir Io. Price Rich. Boyle Lord Dungarven Edw. Pool Esq Roger Hill Esq Sir Io. Eveling Edw. Prideaux Esq Giles Green Esq Dennis Bond Esq Roger Mathews Esq Zouch