November 6th 1640. THe House of Commons having in the first place according to ancient Custom setled all their Grand Committees for Religion Grievances Courts of Justice Trade and Priviledges It was moved That in regard the Complaints of the Kings Subjects in Ireland were many who had undergone great Oppressions in that Kingdom by Male-Government there and come to this Parliament for Relief might be referred to a Committee of the whole House for that purpose only to be appointed This motion being made by Mr. Pym and seconded by Sir Iohn Clotworthy avowing many particulars of the Complaints mentioned to be true it made a Discovery to such as were well-wishers to Thomas Lord Wentworth Earl of Strafford and Lord Lieutenant of Ireland that this Motion was intended by a side-wind to accumulate Complaints against him the said Lord Lieutenant in order to an Accusation so when the question was put after long debate viz. Whether the Irish Affairs should be referred to a Committee of the whole House The House was divided Sir Iohn Clotworthy and Sir Henry Mildmay being of Opinion for the Yeas were appointed Tellers of the number of the Noes and Sir Edward Bainton and Sir Richard Luson being of Opinion not to refer this business of Ireland to a Grand Committee conceiving it without President were appointed Tellers of the number of the Yeas and when they had told all they came up to the Table and made this Report to Mr. Speaker That there were with the Yeas 165 and with the Noes 152 whereupon it was Resolved upon the Question That the Irish Affairs should be referred to a Grand Committee of the whole House to meet to morrow in the Afternoon at Two of the Clock in the House and afterwards every Thursday at the same hour and place And this Committee is Ordered to have the like Power as the other Grand Committees of the whole House have This Vote being carried for a Grand Committee as to Irish Affairs a Cabal of Friends to the Earl of Strafford sent down post unto him into York-shire to acquaint him that they apprehended a Design against him in the making of this Committee and left it to his own Election whether he would stay still on the Head of his Army or come up to the Parliament But if he did incline to come up that he would at his first appearance Impeach some Members of both Houses if he had Evidence for the same of being privy to the bringing the Scotch Army into this Kingdom and told him It was his wisdom to begin first and not to be first Impeached as the Earl of Bristol was by the great Duke of Buckingham The said Earl upon the receipt of this Advertisement suddenly resolved to come up and abide the Test of Parliament But his Friends then with him in the North told him That his frank appearance would make Politâ—ans doubt whether he did thereby assume his Judgment and wonted Prudence to go thus from his Army to the Parliament where his Wisdom could not but know that the Scots and Scotizing-English had resolved his destruction and therefore said they unto him It were better to keep under the safe-guard of the English Army at his Command from which he had acquired some affection or retire to the Army in Ireland then being also at his Devotion or take Sanctuary in some Forreign Parts till fair weather might invite him home neither said they would Discretion Vote it a betraying of his Innocency to decline a Trial whereby the means of Factions raised in England and Scotland by his malicious Prosecutors and backed with Power his Innocency could not protect him They further told him that if Sentence should pass against him for Non-appearance yet he had kept his freedom till better times when he might have occasion to do His Master better Service abroad than in Council at White-hall But the said Earl conceiving he had got good Evidence in the North that the Scots came in by Invitation and Confederacy between the Heads of the Covenanters and some of the English Members of both Houses and having digested such his Intelligence almost into the form of an Impeachment he posted up with the same intending to present it to the House of Peers as soon as he arrived there But on Wednesday Nov. 11th the House of Commons being acquainted by a Member that there was a business of great weight to be imparted desired the House that the Lobby without might be first cleared and the Key of the House brought up to the Table which was done accordingly and as the House had entred into debate about the Earl of Strafford there came a Message from the Lords by the Lord Chief Justice Bramstom and Judge Foster That the King had commanded the Lords Commissioners who were appointed to Treat with the Scots Commissioners at Rippon to give an Account to both Houses of Parliament of that which passed there and at York and thereupon the Lords desire there may be a meeting by a Committee of both Houses this Afternoon in the Painted-Chamber at Three of the Clock if the occasions of this House will give leave At this time many Members of the House conceived this Message was now sent to get Intelligence what private debate was in hand The House of Commons returned this Answer by the same Messengers That at this time they were in Agitation of very Weighty and Important Affairs and therefore they do doubt they shall not be ready to give them a meeting this Afternoon as the Lords desire but as soon as they may they will send an Answer by Messengers of their own After the Messengers were withdrawn the House proceeded in the Debate they were in before and appointed a Committee to prepare matter upon the said Debate for a Conference with the Lords concerning the 〈◊〉 of 〈◊〉 and named seven Members viz. Mr. Pym Mr. Stroud Mr. St. Iohn Lord Digby Sir Iohn Clotworthy Sir Walter Earle and Mr. Hampden Which select Committee retired immediately into the Committee-Chamber to prepare Matter of a Conference to be prayed with the Lords and a Charge against the Earl of Strafford The said Committee presently returned to the House and reported the Matter to them referred Whereupon it was Resolved upon the Question That a Message be sent from this House to the Lords in the Name of this House and of all the Commons of England to accuse Thomas Lord Wentworth Earl of Strafford Lord Lieutenant of Ireland of High Treason and to desire that he may be Sequestred from Parliament and be Committed to Prison and that within some convenient time this House will resort to their Lordships with particular Accusations and Articles against him Mr. Pym went up with this Message to the Lords and at his Return made this Report to the House That he had Repaired to the Lords and there in the Name of this House and of all the Commons of England did Accuse the said Earl of Strafford
great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Iudice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruine and Destruction of the Common Wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruine and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be Licenced by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. Monday November 30th 1640. Sir Thomas Roe Mr. Pym Mr. Strode Mr. St. Iohns Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Maynard Mr. Hyde Mr. Whistler Mr. Palmer Mr. Glyn Mr. Solicitor Mr. Selden My Lord Dungarvan Sir Francis Seymor Sir Hugh Cholmely Lord Wenman Sir Io. Evelyn Sir Benjamin Rudyard Sir Iames Thynn Sir Iohn Culpepper Sir Iohn Strangwaies Sir Symon D'Ewes Mr. George Vane Lord Cramborne Lord Compton Mr. Bellassis Mr. Kirton Sir Thomas Hutchison Sir William Bowyer Sir Iames Smith Sir Arthur Ingram Lord Russell Lord Ruthin Mr. Comisby Mr. Noel Sir Thomas Bowyer Mr. Cecill Lord Fairfax Sir Thomas Widdrington Sir Peter Hayman Sir Iohn Holland Mr. Iames Fynes Sir Robert Crane Sir Iohn Corbet Mr. Io. Alford Sir Roger North Sir Edmond Mountford Mr. Whitlocke Mr. Mountagne Lord Faulkland Sir Peter Stapleton Sir Henry Mildmay Lord Herbert Sir Richard Wynn Sir Edward Rodney Sir Ralph Hopton This Committee is to meet with the Committee of 30 of the Lords concerning a Message sent hither on Friday last from their Lordships touching a Message sent formerly from this House to them by Mr. Pym for the Examination of their Members in the Accusation of the Earl of Strafford and touching a free Conference upon the last Point of that Message that some of the Members of this House should be present at the Examination of Witnesses to be propounded by this House to be examined in the Accusation of the Earl of Strafford The Petition of several of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten directed to the whole House of Commons in England read The Humble Petition of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten To the King 's most Excellent Majesty read The two Gentlemen Mr. Io. Bellewe and Mr. Oliver Castle who brought over those Petitions were called in and demanded by Mr. Speaker several Questions These Gentlemen were again called in and Mr. Speaker told them This House has taken into Consideration your Petition and in due time you shall know the Pleasure of this House Ordered That the Lieutenant of the Tower be required from this House that he do not suffer Sir George Ratcliff to speak with the Earl of Strafford a Prisoner there until further Order be given from this House nor suffer any Message or Letter to be sent from Sir George Ratcliff unto him or if any such be to
the safe Custody of Sir George Ratcliff they had sent for him and had taken Order in it and touching the receiving of the Examinations in this Cause there should be the same course observed in them as was in the Earl of Strafford Thursday December 31. 1640. The Articles against Sir George Ratcliff by former Order ingrossed were twice Read And then it was Resolved upon the Question That these Articles thus ingrossed and read shall be sent up to the Lords by the Commons Assembled in Parliament in maintenance of their Accusation of Sir George Ratcliff whereby he standeth Charged of High Treason And it is Ordered That Mr. Pym go up with these Articles Resolved upon the Question That a Message be sent forthwith to the Lords to desire a Conference of both Houses concerning Articles exhibited in maintenance of the Charge against Sir George Ratcliff Sir Iohn Strangways went up with this Message It was moved That the House would think of some Answer to the Lords concerning the Charges against the Lord Archbishop of Canterbury and the Earl of Strafford delivered from the Scottish Commissioners at a Conference by a Committee of both Houses Monday Ianuary 4th 1640. Ordered That a Conference be desired with the Lords to morrow morning concerning the state the disorders and dangers of the new levied Irish Army and to present them to their Lordships and to desire them to join with the House in a Petition to His Majesty for the disbanding of that Army The Committee appointed for the Earl of Strafford's business are to prepare the Heads of this Conference and the Members of this House are required to bring into this Committee between this and to morrow morning such Informations as shall come to their Hands conducing to these matters Sir Walter Earle and Sir Iohn Clotworthy are to manage this Conference It was likewise moved That at this Conference Considerations might be had of the great Resort daily made to the Earl of Strafford Mr. Nathaniel Fines is to go up to morrow morning with a Message to the Lords to desire a Conference with their Lordships concerning the Disorders and Inconveniences of the new levied Irish Army And to desire a free Conference concerning those Declarations presented by the Scottish Commissioners against the Lord Lieutenant and the Lord Archbishop of Canterbury as Incendiaries Sir Peter Hayman to go up with this Message The Subject of his Conference to be to present to the Lords that it may be made known to the Lords Commissioners that the Scottish Commissioners be desired to bring in their Proofs against the Lord Lieutenant and the Lord Archbishop of Canterbury to the end the Parliament may proceed to Judgment Tuesday Ianuary 12th 1640. Ordered That the several Petitions of Sir Henry Wallop the Lord Viscount Nettersfield be referred to the Sub-Committee formerly appointed by the Grand Committee for Irish Affairs for the business of Sir Henry Wallop because there is something in those Petitions that will materially conduce to the Charge of the Earl of Strafford Ordered That the Committee appointed to prepare some fit way of Representing to the Lords the four Irish Causes formerly Reported here viz. That of the Lord Mountnorris the Lord Dillon Lord Viscount Ely and the Earl of Kildare do sit Friday Ianuary 15th 1640. Ordered That the Committee appointed to draw up the Charge against the Earl of Strafford shall desire to have the Depositions that are yet sealed up delivered unto them and may add and insert such particular Instances and other Circumstances as they in their Discretions shall think fit to the several Articles delivered in Charge against the Earl of Strafford according to the saving in the conclusion of those Articles and that they present the whole matter to the House on Monday morning next Saturday Ianuary 16th 1640. Mr. Pym went up to the Lords with a Message to this Effect To desire their Lordships That those Examinations which at the Request of this House were taken in the Case of the Earl of Strafford by the Lords deputed to that purpose may be delivered to the Commissioners of this House appointed to draw up the Charge against the Earl that they may make use of them for the enlarging of their Charge in particularities of Evidences according to the Clause of Resolution in the conclusion of the said Charge and likewise to make a Declaration That howsoever by the Course of Parliament this House might proceed with the Charge in general yet to avoid all scruples and to bring the business sooner to a conclusion they do desire to conclude in this way Saturday Ianuary 23. 1640. Mr. Selden Mr. Palmer Mr. Whitlock Mr. Maynard By Order are added to the Committee that are to draw up the Articles against the Earl of Strafford Thursday Ianuary 28th 1640. The further Impeachment of Thomas Earl of Strafford by the Commons Assembled in Parliament was this day read Friday Ianuary 29th 1640. Ordered That the Consideration of the Commission granted to the Earl of Worcester and his eldest Son the Lord Herbert and some Commissions by them granted to others for the levying of Forces in the several Counties of England and Wales and all the Circumstances depending thereupon be referred to the Committee to draw up the Charge against the Earl of Strafford and to consider of the Magazine in Sir Piercy Herbert's Custody Saturday Ianuary 30th 1640. The further Impeachment of Thomas Earl of Strafford was again read and the Title of the Impeachment and every Article and the Conclusion were every of them particularly put to the Question and were every of them assented unto and Resolved upon the Question And afterwards it was Resolved upon the Question That these Articles being engrossed shall be forthwith sent up to the Lords Ordered That Mr. Hambden go up with a Message to the Lords to desire a Conference with their Lordships presently if it may stand with their Lordships Occasions by a Committee of both Houses touching the further Impeachment of Thomas Earl of Strafford Mr. Pym is to manage this Conference and Mr. Maynard is to be Assistant to him Mr. Pym acquaints the House That according to their Command he had delivered unto the Lords the Articles for the further Impeachment of Thomas Earl of Strafford Ordered That the Thanks of this House be given to Mr. Pym and to the whole Committee for the great Service they have done this House in the great pains they have taken in preparing and drawing up the Charge and Articles against Thomas Earl of Strafford Tuesday February 16th 1640. Sir Philip Stapleton went up to the Lords with a Message to desire a Conference with their Lordships by a Committee of both Houses presently if it may stand with their Lordships Occasions concerning the Earl of Strafford Resolved upon the Question That the Heads Reported by Mr. Pym from the Committee appointed to prepare the Heads of the Conference to be desired with the Lords
Committee for the Earl of Strafford The House does declare That they are well satisfied that the Evidence to be produced against Thomas Earl of Strafford at his Trial be managed by those Members Friday March 5th 1640. Upon Mr. Whitlock's Report from the Earl of Strafford's Committee It was Resolved upon the Question That there shall be no Replication put 〈◊〉 the 〈◊〉 of 〈◊〉 〈◊〉 in 〈◊〉 but that the further Proceedings shall be 〈◊〉 〈◊〉 〈◊〉 as is now 〈◊〉 by the Committee Mr. Whitlock is to go up to the Lords with this Message viz. That the House of Commons have considered of the Earl of Strafford's Answer and do aver their Charge of High Treason against him and that he is Guilty in such manner and form as he stands Accused and Impeached and that this House will be ready to prove their Charge against him at such convenient time as their Lordships shall prefix and intend to manage the Evidence by Members of their own and desire a free Conference with their Lordships by Select Committees of both Houses to consider of some Propositions and Circumstances concerning the Trial. Mr. Whitlock brings Answer from the Lords That their Lordships have taken the Message from this House into Consideration and will give a meeting for a free Conference by a Committee of 24 on Monday Morning at Nine of the Clock The Committee of the Commons Mr. Pym Mr. Strode Mr. Solicitor Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Whitlocke Mr. Palmer Mr. Selden Mr. Maynard Mr. Treasurer Sir Io. Culpepper Mr. Reynolds Mr. Hyde Mr. Prideaux Mr. Whitlock Mr. Martin Mr. Proxholm Mr. Gray Lord Faulkland Mr. Vaughan Lord Russell Sir Iohn Strangwaies Mr. Bellasis Sir Guy Palmes Mr. Sutton Mr. Whistler Sir Symon D'Ewes Sir An. Irby Sir Martin Lomly Mr. Waller Mr. Coventry Mr. Upton Sir Iohn Eveling Lord Fairfax Sir William Massam Mr. Pierepoint Sir Benjamin Rudyard Sir Thomas Barrington Sir Philip Stapleton Mr. Capell Mr. Cary Sir Ralph Hopton Sir Robert Hatton Sir Gilbert Gerrard Mr. Nathaniel Fines A Committee of these 48 are to meet a Committee of 24 of the Lords at a free Conference concerning the Trial of Thomas Earl of Strafford on Monday Morning next at Nine of the Clock in the Painted-Chamber The Committee for the Earl of Strafford are to manage this free Conference with the Lords Monday March 8th 1640. Upon Mr. Whitlock's Report from the Committee for the Earl of Strafford the Heads of a Conference appointed to be had this day concerning the Trial of the said Earl It was Resolved upon the Question 1. To Propose to the Lords That they will be pleased to take some Order that there may be a convenient Place appointed for the Trial of Thomas Earl of Strafford and to give such Directions as shall be fit for preparing conveniency of room for both Houses and for such Members of the House as are appointed to manage the Evidence and for Witnesses and for the Prisoner and for excluding of all such as ought not to be present at the Trial. 2. That whereas in the last Message to the Lords this House did Intimate unto them That they did intend to manage the Evidence by Members of their own They are now Commanded to explain their Reason That their Lordships may take notice That We do not expect any Council shall be admitted the Earl of Strafford at the giving of Evidence at the Trial. Thursday March 11th 1640. Mr. Whitlock Reports from the free Conference concerning the Trial of Thomas Earl of Strafford That the Lord Privy-Seal began with this Introduction That this Parliament both Houses have had often Conferences and to good Purpose which had preserved a true Understanding between both Houses That at the last free Conference their Lordships did receive from this House certain Propositions concerning the Trial of Thomas Earl of Strafford which We our Selves call Circumstances 1. Concerning Place 2. Persons 3. Managing the Evidence 4. Use of Counsel he was pleased to remember the words of the Proposition as they were delivered unto them and told Us those were Circumstances yet Circumstances were Servants to Execution and might be altered and if they should Change from the House they now sit in into the Painted-Chamber or the Court of Requests upon Survey of it by skilful men they were informed the Floor of it is so weak that it might be very dangerous for so great a Resort to be in together at the Trial therefore left that to Our further Consideration The Lords thought of this That the Bar in their House might be removed higher and the Room there made longer and that being made a Scaffold might be a Capacity sufficient to receive the Members of this House this he did only Propose and said The Bishops did desire to be absent at this Trial so there would be more room for the Earls would sit in their places Next that their Lordships did desire to understand Whether We meant to be there as a House which they thought We did or as single Members of the House 3. His Lordship was pleased to tell Us They desired an Exposition of the words managing of Evidence Whether We intended a marshalling and applying of the Proof 4. That the Lords did desire concerning the Place and Persons to know how they have been admitted in former times that they might be fortified by Presidents for Place and Persons and for Counsel Their Lordships are careful not to admit of more than is according to the Law of this Kingdom And thereupon their Lordships have made this Resolution That the Earl of Strafford in matters of meer Fact shall not make use of Counsel but in matter of Law he shall and if any doubt arise what is matter of Law and what is matter of Fact the Lords do reserve the Judgment hereof to themselves this came by intimation of Ours that We did intend to manage the Evidence and at a Conference We explained Our Selves That We did not expect they would allow Him any Council at the giving of Evidence After this he was pleased to tell us That he had not forgot another thing though he omitted it that he that delivered the Proposition at the Message used words to this purpose That this House did hold it necessary and fit that all the Members of the House might be present at the Trial to the end every one might satisfie his own Conscience in the giving of their Vote to demand Judgment Upon this We thought it not fit to make an Explanation till We had acquainted the House with it Ordered That the whole matter of the Report now made of the free Conference with the Lords concerning the Trial of Tho. Earl of Strafford be referred to the Committee for the Earl of Strafford to search and consider of Presidents and to prepare Reasons and to present them to the House to morrow morning and they are to meet this Afternoon at Two
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
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
they must be sworn But that now I answer only to Treason If I were neither privy to the taking out of the Commission nor any way employed in the executing of it I Appeal unto your Lordships and the Gentlemen of the House of Commons Whether I can be charged as Criminal as to this Commssion or any thing that proceeds from it As for the Sentence against Sir Conyers Darcy it was Just and he complained not of it Of which I have a Copy and desire it may be read That from the first Institution of the Court of President and Council at York That Court had both a Star-Chamber and Chancery Power as will appear by all the Instructions before that time That if there be an Errour in a Judge so that he give a Sentence otherwise than a man of better understanding conceives reason for there is no cause it should be heightned to a Treason to take from him his Life and Honour and all he hath meerly because he was not so wise a man as he might have been nor so understanding as another And if this be prest on Judges I think few Judges will serve And for my part I had rather go to my Cottage as the Witness saith then serve on these Terms The Charge lays it to be done in May 8 Car. and divers years following and the Instructions came not in time till the 21st Mar. 8 Car. which I conceive to be a mistaking of the year That as to the Sentence of Sir Iohn Bourcher which is charged upon me but not insisted upon by the Gentleman I was no way acquainted with the beginning proceeding or ending of the Cause being all that while in Ireland so Your Lordships may observe with what uncertainty men may speak that do inform in such Cases That of the Commission the 13th of the King with which I am likewise charged as the Procurer of it I had no more knowledge than of that which was most forreign being at that time in Ireland and the Commission renewed of one of the Council in Fee I shall now descend to Proofs That the Commission 8 Car. was renewed upon Sir Iohn Meltons coming to be Secretary instead of Sir Arthur Ingram The Committee admitted it To the Testimonies given by the Witnesses I observe That Iohn Gore the first Witness speaks nothing to the renewing of the Commission but to his Fathers Commitment and that was in November but what year Non liquet But this is not within my Charge therefore I shall not Answer to that Though if it were in Charge I doubt not but in that and every thing else I shall give an account of an honest and just man not to say of a discreet and a wise man That for the Testimony of Iohn Musgrave it contains nothing within my Charge and I can say nothing to it but by way of Divination And he is but a single Witness And therefore I conceive shall hardly be able to convince any man of High Treason hardly of a Trespass That what Iohn Musgrave speaks of is grounded on a question of the Jurisdiction of Courts and one rule of our Law is Boni judicis est amplicare Iurisdictionem And why the enlarging of a Jurisdiction should be heightned to a Treason I Appeal to Your Lordships Nobleness Justice and Honour to consider for I think there are none in place of Judicature but they will desire to enlarge their Jurisdiction as far as in Reason and Justice they may And it is a chast Ambition if rightly placed to have as much Power as may be That there may be Power to do the more good in the place where a man lives For F. Thorpe's Testimony I observe That I have nothing to say to him of Exception but that he speaks nothing to the purpose nor to any thing in the Charge I being Charged with the Execution of the Commission 8 and 13 of the King and all he speaks of is precedent in time And what he says is by hear-say from Mr. Justice Hutton and Sir William Ellis I do not remember my Lord Gorings speaking to me about Mr. Thorpe it being 12 13 or 14 years ago I have put in my Answer and if that be not Impeached by Testimony of Witnesses as it is not I conceive it ought to be allowed I desire to produce Witnesses wherein I have Liberty but not to examine on Oath And first To the time of my going towards Ireland His Lordships Secretary being interrogated He Answered That his Lordship went from London 8 Iuly 1633. towards Ireland the 9th year of the King Mr. Railton To the time of his Lordships going towards Ireland said That 8 Iuly 1633. My Lord began his Journey into Ireland being the Ninth year of the King The Committee for the Commons admitted that he went over in Iuly 1633. To the time of my Lord of Straffords coming from York Mr. Thomas Little says His Lordship came from York in Ianuary was eight years and returned not to York till 1636. To his Lordships doing any act as President of York since the said New Commission of Octavo Caroli Mr. Thomas Little says That since the date of that Commission his Lordship never sate as President of the North in any Cause whatsoever His Lordship offered to prove his being in Ireland when Sir Iohn Bourcher was censured by the Vice-President and Council But the Commons not pressing his Lordship in that matter he said If it be granted I have done To the Earl of Straffords being in Ireland when the Commission 8 Car. was renewed Mr. Thomas Little Answered being questioned My Lord was in Ireland at that time he went over in 1636. having come over in November before and was not in England again till 1639. And so My Lords I conclude my Defence That I am charged only with procuring and executing the Commission And this Answer I humbly offer and submit Iohn Gore speaks particularly of the occasion of enlarging the Commission upon the Arresting of his Father That my Lord of Strafford fell on his Knees desiring from His Majesty an enlarging of his Power else that he might go home So going out of England in Iuly after the Commission answers to the Procurement that was before That which his Lordship hath answered to F. Thorpe That the things by him complained of were in the time before the Commission may be used as an Argument That he was privy to the Instructions We produce I. Musgrave only to shew my Lords Violence about Prohibitions before this Commission was procured He growing so high a little before That he would lay them by the Heels that brought the Kings Writ The Council were awed that they durst not demand Justice So that the procuring of it suited most with his Design That his Witnesses had little contradicted what the Witnesses for the Commons had said That whereas it is said the Charge is not Treason if the Fact shall appear to their
I desire that these matters that come on me suddenly and being no part of my Charge may not stick with Your Lordships In the business of my Lord of Baltinglasse I remember little only that my Lord Baltinglasse had forfeited his Estate to Sir Robert Parkhurst who had a clear and free Estate in the Land by Fine and Recovery and divers Conveyances The Lord Baltinglasse desired me to take the hearing of the Cause to see if I could procure from Sir Robert Parkhurst a further sum of money The Order was made with both their likings and my Lord Baltinglasse was content to perfect the whole Estate Sir Robert Parkhurst was in Possession at that time not the Lord Baltinglasse That seeing no cause to relieve him in Equity they left him to seek relief in other places That afterwards an Agreement was made 300 l. received by the Lord Baltinglasse and after 100 l. more got to be given and so there was a full Conveyance and Acquittance from Father and Son That himself hath no Interest in it but only of Trust to anothers use For that which was offered against the Jurisdiction the Proofs are Negative and contradict not what I have offered And if I might shew my Lord of Faulklands Book of Entries I could produce as much done by my Lord Faulkland alone 1623. Attachments against Body and Goods Hearings between Parties and Parties Warrants for Distresses Warrants to the Sheriff for Possession of Lands Injunctions to Judges of Assize For my Lord Mountnorris his Imprisonment I desire Your Lordships to observe that His Majesties Reference is That I shall not set him at liberty without a Submission so that he may thank himself for his Restraint For my Carriage to the Lady Mountnorris at the delivering the Petition I desire Your Lordships to hear a Witness Who being asked to that purpose Answered That he was present when my Lady Mountnorris was once with my Lord but knows not whether that were the time in question It was about 1636. That he was present when her Son delivered one before which my Lord would receive but her Son would not deliver the Reference but a Copy being so Commanded by his Lady Mother That when my Lady delivered it on her Knees my Lord told her She had done him the greatest Injury she could devise and that if she had broke his Head she should have pleased him better Being asked whether my Lord rejected the Petition He Answered That he cannot certainly remember what was done with it but my Lord said he could not do any thing on a Copy The Lord Viscount Dillon being asked to the same point Answered He was by when my Lady Mountnorris came to my Lord to the Covent-Garden with a Petition in her hand and kneeled to my Lord but my Lord desired her to rise and offering the Petition he said he would not meddle with any Petition at that time That my Lord was going abroad and led her to her Coach in Civility but received not the Petition My Lord of Strafford professeth these things be so long past that he remembers them not well nor whether she offered a Copy the second time The Manager did here observe That he acknowledged the Civility of my Lord of Strafford in this point but there is one point sticks with him as higher than any offered and then their Lordships may think he goes high enough That there hath been proved my Lord of Straffords Tyrannical Proceedings on the Life and Fortune of my Lord Mountnorris One step more the Manager said he had heard off and that was his Soul and that sticks with him more than any thing else He kept him in Prison till he should acknowledge the justness of a Sentence which in his Heart he abhorred and held unjust That all former Tyrants when they would proceed against a man have found out two false Witnesses but when a man shall be made a false Witness against himself it is much more Tyrannical And he wished this Design had kept only in Ireland and had not come into England which he hopes shall be so no more And so after a short Reply to the two particulars last mentioned the Manager closed the 6th Article conceiving that it remains as was offered That my Lord of Strafford hath determined things contrary to the Commission and Authority obtained from His Majesty The Manager added That for the present the Commons will pass by the 7th Article and proceed to the 8th concerning Arbitrary Power over the Estates of the Kings Subjects And of that the last part only concerning the Lady Hibbott But my Lord of Strafford professing his disability to endure the Toil and that he was ready to drop down in respect of his much sickness and weakness and desiring their Lordships to turn the case inward and to see in the Closet of their own Hearts if there be not reason that being upon his Life his Honour and Children and all he hath he should not be prest further and setting forth how the rest of the day after his going hence is disposed of The House was Adjourned till next day The Fourth day Thursday March 26. 1641. THE Eighth Article The Charge THat the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of his Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord. Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close-Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit
was an Unadvised Speech and he is a wise man and much wiser then my self that some time offends not with his Tongue And in truth my Lords though there be no Treason in it they are the most unwarranted words that appeare in the whole Proofe made against me In the 26th there are some words that I should speak to my Lord Cottington concerning a Foolish Pamphlet or Gazette which I then had in my hand and it is such a Toy in it self and all the Circumstances of it that I hold it not worth the mentioning but only that I would not forget any thing in the Proofes as near as I could and the Proofe is uncertain for onely one Man sayes it and the very words he cannot express Now he that shall Swear when he cannot express the Words his Testimony is but of small value and he is but a Single Proofe at best to disprove what is deposed by Sir William Parkhurst who sayes he was by yet heard not the Words And Cogam sayes he remembers not the words and so upon the matter there are two against one and the whole being so uncertain I conceive it is of very little moment in your Lordships Judgments My Lords These are as near as I can gather all that are charged as unto words spoken either in England or Ireland Councils other then these I am not charged withall and so there remains nothing but my Actions and if I can free them as well as I have freed the Words I conceive then under favour I have fully Answered all that hath been objected against me My Lords The first of these is the Fifth Article in the Case of Sentence of the Council of War against my Lord Mountnorris and the Sentence of the Council of War against Denwit For that of my Lord Mountnorris I have shewed plainly and clearly to your Lordships that I was no Judge in the Cause but a Party and therefore not Responsible for any Judgment given against his Lordship I gave no Vote and so consequently am not to Answer for any Guilt if there were any which under favour I conceive since all Martial Law is Adjudged to be against the Law I may be of another Opinion but formerly conceiving that that might have stood with the Law I might say something more for the Justification of it then now I do but hower I was no Party They say he was a Peer and it is very true but as he was a Peer so he was a Captain of the Army and in this Case we consider Men as Members of the Army not as Peers And if a Peer will not submit himself to an Officer of the Army he must submit himself to the Order of the Army Besides I say it was intended only as a Discipline to him the better to remember him to govern his Tongue afterwards towards other Men and that there was no more Prejudice fell upon him by it but two or three days Imprisonment so there was no great Animosity in the business besides it appeared to your Lordships that two or three dayes after we writ to the King and obtained his Pardon so that I conceive the Inconvenience was not very great to him nor the Proceedings such as should make it unpardonable or Criminal in them that gave Sentence upon him whereof I was none For that other concerning Denwitt your Lordships may remember he was found Guilty of Stealing a Quarter of Beef and for Running from his Collours and was formerly Burnt in the Hand for that he should be Proceeded against another way But falling out at that time when Five hundred Men were going over to Carlisle and they being unwilling to be put to Sea we were inforced to those proceedings for the preventing of further Mischief And there is another thing that the Martial-Law hath been alway in Force and executed in all times in Ireland and never so sparingly as in my time for this is the only Man that suffered all the time I had the Honour of the Government And I dare Appeal to them that know the Country Whether in former times many Men have not been committed and Executed by Martial-Law by the Deputies Warrant that were not Thieves and Rebels but such as went up and down the Country if they could not give Account of themselves the Provost-Martial by direction of the Deputies using in such Case to Hang them up I dare say there are Hundreds of Examples in this kind so that as to that I do not Justifie it But I say it is a Pardonable Fault and that others are of Course Pardoned for it And I trust that what falls of Course shall not be laid upon me as High-Treason or conducing to it The next is the Sixth Article and that is in the Case of Richard Rollston and therein I am said to have Subverted the Fundamental Laws by executing a Power and a Jurisdiction which was not Warranted by Law upon a Paper Petition putting out of Possession of his Freehold and Inheritance my Lord Mountnorris My Lords That Sentence will appear to your Lordships to be no more then the relieving a Poor Man in case of Equity and it is proved to you to be a Power that hath been formerly practised by the Deputies and I humbly conceive the Decree is just So that my Lords I must Confess it is something strange to me That having the Kings Letter to Warrant me in the Course of Proceedings and having the Power of former Deputies in like Case and doing no more therein then the Lord Chancellor by the very self-same Law should do in other places And that which should be done by the Chancellor should be Innocent and Just yet become High-Treason when done by me is a thing I understand not The next is the Case of Tonnres and that is waved by them and well may it be for it was in a Case of Plantation there was no Possession altered and it is fully within the Book of the Kings Instructions The next is in the Case of Sir Iohn Gifford against the Lord Viscount Loftus which they have Waved and well they may for it was grounded on a Letter from the King Commanding it to be heard by the Deputy and Council which is clearly within the Instructions and hath been since heard by the King and Council-Board and by them Confirmed for a Just Decree The next is the Case of my Lord of Kildare and that they may well Wave too the Proceedings being grounded upon a Letter from His Majesty and nothing done but in persuance of an Award between the Lord Digbyes House and that House of Kildare made by King Iames. The next is the Lady Hibbots Case and that was Relief given to Poor Men circumvented by Practice to the Prejudice of himself My Lords I had Power to hear that Cause and all Causes of that Nature by the King's Letter and according to the Practice of former Deputies And I conceive it will appear when it comes to
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
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
Quality and Trust are in Ireland material Witnesses to be examined as the Master of the Rolls the Lord Chancellor and others these can hardly be spared to come hither to give their Testimony The Committee desires the Advice of the House in this particular which without their Judgments cannot be determined to think of some way how these Parties might have their Testimony taken and the Truth might be known and Justice done This whole matter thus Reported from the Committee for Irish Affairs is recommitted to the same Committee again to consider of it and to draw those things that are to be inquired of under apt Heads and so present them to the judgment of this House to proceed accordingly Mr. Maynard Mr. St. Iohns Mr. Hide Mr. Whistler Mr. Ieofrey Palmer Mr. Glyn Mr. Sollicitor This Committee is to Collect and Offer to this House Reasons for this House to make use of and insist upon in maintainance of that Point of the Message of this House to the Lords which desires the presence of some of the Members of this House at the Examination of such Witnesses as shall be Proposed by this House in the Accusation of the Earl of Strafford To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six intire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Susidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limitted into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined 3. The proceedings in civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Iac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Usage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to
believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth he saith That the legal and ordinary Proceedings at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgement of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken of the Files and he remembers not any Suit for breach of any Order made at Council-Table To the Fifth he saith The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls the now Lord Chancellor and the Chief Justice of the Common Pleas upon the Proofs in the Chancery decreed for the Plantiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir Iohn Gifford's Petition to the King His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by His Majesty and His Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by His Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of His Majesties Mercy and not of His Justice The Earl of Kildare for not performing of an Award made by King Iames and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are
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
namely the said Earl of Strafford the 12th day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Péer of the said Realm of Ireland and then Uice-Treasurer and Receiver-General of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and kéeper of the Privy-Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the Fourtéenth Year of His Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of His Majesties Subjects whose name is yet unknown and caused him to be put to Death in execution of the same Sentence VI. That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolston did cause the said Lord Mountnorris to be disseised and put out of Possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having been 18 years before in quiet possession thereof VII That the said Earl of Strafford in the Term of holy Trinity in the Thirteenth Year of His now Majesties Reign did cause a Case commonly called The Case of Tenures upon defective Titles to be made and drawn up without any Iury or Tryal or other Legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that case and by colour of such Opinion did without any Legal procéeding cause Thomas Lord Dillon a Péer of the said Realm of Ireland to be put out of the possession of divers Lands and Tenements being his Fréehold in the Country of Mayo and Roscomen in the said Kingdom and divers other of His Majesties Subjects to be put out of Possession and disseised of their Fréehold by colour of the same Resolution without Legal proceedings whereby many hundreds of His Majesties Subjects were undone and their Families utterly ruinated VIII That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of His Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her Five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every month by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly after were conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of His Majesties Subjects upon pretence of Disobedience to his Orders Decrées and other illegal Command by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and extrajudicial course upon Paper-Petitions to him preferred and no Cause legally depending IX That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all lawful Decrees Sentences and Orders issued imposed or given out against them and them to commit and keep in the next Gaol until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect X. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandize Exported out and Imported into that Realm to be farmed to his own Use. And in the Ninth Year of His now Majesties Reign he having then Interest in the said Customs to advance his own Gain and Lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wooll at Thirteen shillings four pence though the same were really worth but Five shillings at the utmost Niue shillings by which means the Custom which before was but a twentieth part of the true value of the Commodity was enhanced sometimes a Fifth part and sometimes to a fourth and sometimes to a third part of the true value to the great Oppression of the Subjects and decay of
this My Lords That by his means many good and wholesome Laws have been made since his Government in Ireland Truly My Lords if we should consider the particulars of these Laws some of them will not be found without great Exception But I shall make another Answer good Laws nay the best Laws are no advantage when Will is set above Law when the Laws have force to bind and restrain the Subject but no force to Relieve and Comfort him 4. He says in the Fourth place He was a means of calling a Parliament not long after he came to his Government My Lords Parliaments without Parliamentary Liberties are but a fair and plausible way into Bondage That Parliament had not the Liberties of a Parliament Sir Pierce Crosby for speaking against a Bill in the Commons House was sequestred from the Council-Table and Committed to Prison Sir Iohn Clotworthy for the same Cause was threatned that he should lose a Lease that he had Mr. Barnewell and two other Gentlemen were threatned they should have Troops of Horse put upon them for speaking in the House Proxies by dozens were given by some of his Favourites And My Lords Parliaments coming in with these Circumstances they be Grievances Mischiefs and Miseries no works of Thanks or Honour 5. The Fifth is That he hath been a means to put off Monopolies and other Projects that would have been Grievous and Burdensome to the Subject if he had hated the Injustice of a Monopoly or the Mischief of a Monopoly he would have hated it in himself he himself would have been no Monopolist Certainly My Lords It was not the love of Justice nor the Common good that moved him And if he were moved by any thing else he had his Reward It may be it was because he would have no man gripe them in the Kingdom but himself his own Harvest-crop would have been less if he had had sharers It may be it was because Monopolies hinder Trade he had the Customs and the benefit of the Customs would have been less when we know the particulars we shall make a fit and proper Answer to them But in the mean time we are sure whatsoever was the reason it was not Justice nor love of Truth that was the reason 6. He saith in the sixth place He had no other Commission but what his Predecessors had And that he hath Executed that Commission with all Moderation For the Commission it was no Virtue of his if it were a good Commission I shall say nothing of that But for the second part his Moderation when you find so many Imprisoned of the Nobility so many men some adjudged to Death some Executed without Law when you find so many publick Rapines on the State Soldiers sent to make good his Decrees so many whippings in defence of Monopolies so many Gentlemen that were Jurors because they would not apply themselves to give Verdicts on his side to be fined in the Star-Chamber Men of Quality to be disgraced set on the Pillory and wearing Papers and such things as it will appear through our Evidence can you think there was any Moderation And yet truly My Lords I can believe That if you compare his Courses with other parts of the World ungoverned he will be found beyond all in Tyranny and Harshness but if you compare them with his mind and disposition perhaps there was Moderation Habits we say are more perfect than Acts because they be nearest the principle of Actions The Habit of Cruelty in himself no doubt is more perfect than any Act of Cruelty he hath Committed but if this be his Moderation I think all men will pray to be delivered from it And I may truly say that is verified in him The Mercies of the Wicked are Cruel 7. I come to the seventh and that is concerning the Kings Revenue That he hath improved it from 57000 l. to 120000 l. and that he hath done it by Honourable and Just ways That he hath made the Kingdom able to Support it self That he hath improved the Kings Revenue by many rich and great Purchases That he hath saved the Charge of the Navy by bearing 7000 l. a year in Ireland which was born here before And then he says for a Conclusion That he never took Money out of the Kings Exchequer My Lords I must run over all these For the Enlargement or Increase of the Revenue of that Kingdom I think there is a little fault in his Arithmetick but I will not charge him with that now But for his Honourable ways of Increasing it if Monopolies if Vexation of the Subject be Honourable ways we shall leave that to your Lordships to judge But most of his increases are made upon Monopolies It is true there is another way of bargaining but it hath been mixed with Rigour and Rapine and Injustice Men have been driven out of their Estates Offices have been found by force Men have been driven to resign their Estates And is this a Just way of improving a Kings Revenue that I shall submit to your Lordships Then he says He hath made the Kingdom able to Support it self My Lords He that hath no Harvest of his own must Glean after another mans Reapers Truly this was none of his work The Kingdom was able to subsist of it self before he came thither For that we shall Appeal to the Records of the Exchequer betwixt the year 1622. and the time of his Government which was nine years at least during which nothing went out of this Kingdom to the support of that Island The 7000 l. for the Navy was born in Ireland before his time a year or two so he comes near the truth of that yet misses a year of the truth But if it were true hath it been only by the ordinary Revenue that it hath supported it self He hath had six Subsidies a year or two of Contribution which the Irish gave towards the supporting of the Charge of Ireland It was not his Husbanding nor his managing of the Revenue And truly if the Kingdom were able to support it self as it was before he came thither by the Revenue of the Kingdom and by the help of that Contribution it would be very fit since there may be many Increases since to know what is become of 300000 l. for six Subsidies and of the Contribution money and indeed there is a great suspicion that that went another way But that you may the better observe his Husbandry I shall speak of his last years Accompt the 20th of March now something more than a year since the Under-Treasurer delivered an Account on which there was 101000 l. remaining in the Kings Coffers Since that time there hath been received 112000 l. for the King I speak of round Sums My Lords I leave out pounds and pence and such things This is 213000 l. He hath received out of the Exchequer in England 50000 l. There are Debts in Ireland 60000 l. and what other Debts we know not
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
such thing was spoken that there was 100000 l. in the Kings Coffers And for the 50000 l. received by me in England Mr. Vice-Treasurer in Ireland is Accomptable for it though Mr. Vice-Treasurer never touched the money and my self as little And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me and charged it upon other Accomptants who when they come to Account I doubt not but a good Account will be given Though under favour of the Gentleman of the 50000 l. 14000 l. is yet unpaid only there is an Assignment But it lies on him and his Credit for discharge of the Kings Service And it must lye on him or on some other person if himself have nothing left him And whereas it is said the money I had as borrowed was taken out when the Kings Army was in want I desire Your Lordships to observe It was two years ago when I had this money and then there was 100000 l. in Surplusage And though the King gave me Liberty of His Goodness to use it three years it was not wanting to the Army when it stood in need of it The next thing urged was my Cozenage in the Custom-house and that I had there Cozened the King notably 5 or 6000 l. a year deep To Answer this I reserve my self till I come to the particular Article but desire leave with all Modesty to say That it shall appear I have not Cozened nor deceitfully abused His Majesty for a Farthing Token neither in that nor in anything else And that there is no other Allowance nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year and 8000 l. Fine then was allowed to the former Farmers that had it at the Rent of 13000 l. a year And that I have made the King a much more profitable bargain than he had or could have without it The next was for the Revenues of the Church That they were got without Rules of Justice And were an Offering of Rapine And that I had an Eye to my own Preferment in the Person of my Lord of Canterbury To that I have already Answered And thus having run over all the Preamble I humbly begg leave to make some Observations upon the Testimonies produced viz. That the Examinations of Sir Iohn Clotworthy and my Lord Ranulagh I conceive do not concern me Mr. Barnewells was for things spoken when I was out of the Kingdom and were concerning Sir George Ratcliffe and not me For the Remonstrances shewed wherein they disclaim the Preamble to the Act for four Subsidies I beseech Your Lordships to consider how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously For by the Custom of that Kingdom the Laws must be transmitted hither under the Hand of the Deputy and Council and so pass the Seal and be returned to Ireland when that Law was transmitted I was here in England as I take it And absolutely and directly I protest I never knew any thing in the World of that Preamble never saw it nor heard of it I think till I saw it in the Copy of the Remonstrance I never heard it was excepted against it having pass'd the Vote and three times reading in both Houses And I would have consented to have it struck out as in truth I will now being far from any thing of vanity and not thinking my self better or worse by being put in or out And if it were charged upon me as a Crime or were material for me to prove it I think I could by Witness in Town prove That it was the general Vote of the Commons House and passed with as much Applause and Chearfulness as any thing And that if my Lord Dillon and Sir Adam Loftus and some other of the Irish Commissioners were examined upon Oath I believe they would Swear they never heard any Exceptions against it till the time I was Impeached with High Treason For the Particular concerning Sir Pierce Crosby it concerned not me but the reason of his being put from the Board was this All Laws must first be transmitted from the Deputy and Council the Bill against which he Voted was transmitted Sir Pierce Crosby was there and set his hand to the transmission and because he did not except against it then being a Member of the Board but did except against it afterwards it was thought fit he should be Sequestred as I remember till His Majesties Pleasure should be known but Committed he was not And it was done by the Vote of the whole Board but no way to infringe the Liberty of the House and so in Obedience to Your Lordships as near as I could with a great deal of Weakness and Infirmity I have said as much as I can for the present recollect towards the making good the Truth of my Preamble And I conclude with this humble suit there being some Exception took at some Words that fell from me Many mens Tongues and Mouthes may offend where their Hearts do not And that in truth I may say my Heart did not offend against that Reverence and Duty I shall always pay on all occasions to the Honourable House of Commons and every Member of it but to others that are neither Members of this House nor of the House in Ireland I meant what I said And I do beseech the Gentlemen of the House of Commons to accept my Acknowledgment of this truth and that my Words may not be any ways raised against me as a Cause of their thinking worse of me or that I should be peccant or offending in having other thoughts of the Members and Proceedings of the House than with all Submission and all belief of the Equity of it To which Defence one of the Managers appointed for this days Service briefly replyed in substance as followeth What I have said in Answer of the Preamble was not by way of Charge but only for disproof of that whereby my Lord of Strafford would take away or nullifie the Charge So that if the Charge remains in force the Services performed by him are not effectual to mitigate it That what we have proposed still stands unavoided as we conceive notwithstanding any thing my Lord of Strafford hath said That as concerning Sir Pierce Crosby his agreeing to the Transmission if that be true That there is a preparative part of the Law and there Sir Pierce Crosby might speak as a Councellor But there is a Legislative part of the Law and that is done in Parliament and these being distinct if Sir Pierce Crosby did do any thing at Council-Table it deprived him not of his Liberty to speak in Parliament But we are informed he gave his denial to consent to the Transmission And if my Lord of Strafford were not guilty in his own Person of breach of Priviledge yet if under his Government Priviledge of Parliament be broken it is no matter of Merit to say he procured Parliaments It is no Answer to say
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
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
an Order made my Lord of Strafford threatned the Earl of Corke for Suing at Law That the Justification brought by my Lord of Strafford is an Aggravation restraining Liberty to Sue at Law to a year else to be concluded for ever Whereas my Lord of Strafford says he hath spoken unwisely but done nothing sure he that Threatens doth something and his Actions will appear in the next Articles For the Priviledge of Peerage It were to be wished he had known or remembred it sooner in my Lord Mountnorris his Case That though he says Acts of State are to be allowed for temporary provision till an Act of Parliament yet when things are propounded and rejected in Parliament shall he supply it by an Act of State We desire to examine one Witness more The Earl of Strafford excepting against it as not regular the Lords Adjourned to their House to take consideration of it And a little after returning the Lord Steward declared their Lordships Resolution That the Witness might be examined The matter in question arising from what was offered from the Earl of Straffords Defence Roger Lotts Sworn and examined what words my Lord of Strafford gave out when an Act for Powder would not pass in the Commons House and what Act of State was thereupon made He Answered That he had the Honour to be one of the Members of that Parliament that began 1634. and ended April 1635. That at the Close of that Parliament my Lord of Strafford then Lord Deputy told the House of Commons then sent for up That they had Voted against some Bills in the lower House amongst the rest that of Gun-powder where it was made Felony for any man to buy or have any unless he got a License first for it That my Lord afterwards told them That notwithstanding they had Voted against it yet he would make that and some other Bills they had Voted against Acts of State that should be as good and said he heard it was done afterwards but he doth not know that This Witness is something of Justification of my Lord of Corke's Testimony against which my Lord of Strafford hath made some Exception And the Lord Digby added something for the Justification of my Lord of Killmallocks Testimony against which my Lord of Strafford had likewise excepted And so the Reply was concluded To the Deposition of Roger Lotts my Lord of Strafford Answered I had received direction concerning Powder it being not conceived fit for Reasons of State to buy and have Powder at pleasure or that that Commodity should be so frequently brought into the Kingdom and committed to unsafe hands so in that point I did but what I was commanded out of many Reasons which I desire I may forbear to express it not conducing to my Acquittal or Condemnation And so the Lords Adjourned The Sixth day Saturday March 27. 1641. THE Fifth Article The Charge That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the Subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Freé-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm and namely the said Earl of Strafford the Twelfth day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Peér of the said Realm of Ireland and then Uice-Treasurer and Receiver-general of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and Kéeper of the Privy Signet of the said Kingdom a Sentence of death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the month of March in the Fourtéenth year of his Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to Death in Execution of the same Sentence THe Manager began to open this Article shewing That though my Lord of Strafford insisted on it That whatever his words were his Actions were not against Law This Article comes properly to reply to that Answer It charging him with exercising of a Tyrannical Power over the Person of a Peer of that Realm And first It was desired that the Sentence of Death against my Lord Mountnorris might be read which was attested on Oath to be that which was delivered by Mr. Secretary Windebanck upon the Commons humble Suit to His Majesty for His leave to have a Copy thereof That the Papers concerning my Lord Mountnorris might be delivered into the House occasioned upon my Lord Mountnorris his Petition to the House in that behalf The Sentence was read Reciting first His Majesties Letter Iuly 21. then last wherein notice is taken of the Respect due to the Deputy and General of His Majesties Army and of the Carriage of my Lord Mountnorris holding a Captains place in the Army in uttering Speeches inciting a Revenge on the Earl of Strafford Lord Deputy and Lord General and Command thereby given on receipt thereof to call a Councel of War and that the Lord Mountnorris should undergo such censure as the said Councel of War should impose for the Lord Deputies full reparation Secondly That a Councel of War was accordingly called the words are also set forth and the occasion as followeth That within three or or four days after the Lord Deputy had Dissolved the Parliament his Lordship sitting in the Presence Chamber one of his Servants in moving a Stool happened to hurt the Lord Deputies Foot then indisposed through an accession of the Gout which being spoken of at the Lord Chancellors Table one said to the Lord Mountnorris being there present it was Your Lordships Kinsman who is one of the Lord Deputies Gentlemen Ushers that did it Whereupon the Lord Mountnorris publickly and in a scornful and contemptuous manner answered Perhaps it was done in Revenge of that publick Affront that my Lord Deputy did me formerly But I have a Brother that would not have taken such a Revenge Thirdly The Sentence likewise sets forth That the Lord Mountnorris would not Answer the said Charge negatively or affirmatively though required by the Councel of War Fourthly That thereupon the Witnesses for proof thereof were called viz. Viscount Moore and Sir Robert Loftus who upon Oath deposed the same words to be so then and there spoken and the Lord Mountnorris at last submitted himself to the Councel protesting that whatsoever interpretation might be put upon his words he intended no hurt to the person of his said Lordship
and affirmed That he would dye before he would give the Deputy and General occasion to give him such a Rebuke Fifthly That for the nature of the offence It was conceived to contain a Calumny to the Lord Deputy and General insinuating the affront pretended in these words of my Lord Mountnorris's to be given to the said Kinsman and an Incitement to Revenge and that if the words had been spoken of the Person of the King it had amounted to High Treason which by some rules of Proportion might be applyed to His Deputy Sixthly That the words were spoken when the Lord Deputy had the Honour to be Apparelled with his own Robes of Majesty and Soveraignty when part of the Army was in motion and the Lord Deputy and General present Seventhly That the words were adjudged an apparent breach of the 21st Article of the Printed Orders and Laws for War dated the 13th of March 1633. whereby it is Ordered that no man shall give any disgraceful words of any person in the Army upon pain of Imprisonment publick Disarming c. And also of the 13th Article That no man-shall offer Violence or Contempt to his Commander or do any act or speak any words to breed mutiny in the Army or Impeach the obeying of the principal Officer upon pain of death Eighthly That according to the said Articles the Counsel do unanimously with one joynt consent not one of us of another Opinion adjudge the said Lord Mountnorris for his high and great Offence to be Imprisoned to stand from henceforth deprived of all his Places and Entertainments due which he holds in the Army To be Disarmed to be banished the Army and disabled from ever bearing Office And lastly to be Shot to death or lose his Head at the pleasure of the General Given at His Majesties Castle at Dublin December 12. 1635. Valentia Cromwell This Sentence of Death against a Peer was pronounced by Martial Law against the fundamental Rules of Law without Trial Answer or Hearing That though my Lord of Strafford owns it not yet he made relation of the Injury to His Majesty His Majesty did justly direct that my Lord of Strafford should have just reparation That my Lord of Strafford produceth the Witnesses refused to let my Lord Mountnorris Answer though he demanded the benefit of the Law owns it in his own Person for he said treading on our Foot and an Injury done to us And whereas some would have mitigated it and found him guilty of the first Article He himself pronounceth it both or none The whole proceeding was but half an hour no notice was given before-hand and my Lord Mountnorris checked for desiring to cross-examine My Lord Mountnorris produced as a Witness some Exceptions were taken against him by my Lord of Strafford but were over-ruled His Lordship being Sworn and being directed to declare the whole truth in this business Answered as followeth Upon the 11th of December 1635. I was warned by a Pursevant late at Evening to attend my Lord Deputy in the Council-Chamber at a Council of War next morning by Eight of the Clock Coming thither accordingly I found many of the Council and Captains of the Army and having conferred with several of the chief of them and with my Lord Valentia Cromwell and others they said they knew not for what that Council of War was summoned after a whiles stay my Lord Deputy came into the Room and sat down at the Boards end and commanded the rest to sit down where my self that had the Honour to be His Majesties Vice-Treasurer by His Grace and Goodness sate in my place After all were set my Lord Deputy exprest he had called that Court to do himself Right and Reparation against my Lord Mountnorris At those words I rose up from my place and humbly presented my self at the Boards end as the manner is near his Lordship who making some Speech about words uttered by me shortly after the preceding Parliament which was April 18. 1635. and the words spoken within three or four days after took a Paper in his hand and out of that read the words wherewith he charged me to the effect I conceive as they are mentioned in the Sentence After his Lordship had read them he demanded of me whether I would confess them or deny them I did humbly desire I might have the Charge in writing that I might Answer it by advice of Learned Counsel the words being charged to be spoken long before and it was hard to Answer them suddenly His Lordship Answered That was not the course of a Martial Court I must Answer directly I did several times desire I might have the Charge in writing and my Lord of Strafford answered in the same kind That I must Answer whether I would confess or deny them Two or Three of the Counsel of War spoke something also to that purpose as I remember the Lord Cromwell for one and Sir Ch. Coote and Sir Iohn Burlacy who intimated that the manner was I must confess them or deny them Standing a while silent my Lord Deputy said He thought they must proceed against me as a Mute for he will not Answer and therefore they must take them for granted I said over again what I had said before and desired I might have my Charge in writing and that I might have Advice of Counsel that I might be used as a Peer of the Realm and an Officer of the Crown and still his Lordship denied That must not be It was not the Order of a Martial Court I replyed and told the Lord Deputy I had seen it otherwise in a Martial Court in England between my Lord Reas and Ramzie where the Cause was debated by the Advocates in writing The Lord Deputy told me again That must not be I must Answer directly and hereupon the Lord Deputy caused His Majesties Letter dated the last of Iuly to be read and when that was read required me to make Answer I confess I was amazed at hearing of this Letter and was much grieved and with Humility and Grief expressed on my Knees what Sorrow it had wrought on me and that I had never willingly Offended His Majesty or His Laws And declared that I had been mis-represented to His Majesty and those Letters were got by mis-information and humbly desired a Copy of those Letters and the Charge that I might Answer by writing and that His Majesty might know my Answer before further Proceedings His Lordship upon that rebuked me with worse Language than was fit to be used to a meaner man and not a Peer that desired but Law and Justice The Lord Deputy told me I was not mis-represented to His Majesty for himself had represented me and that matter to His Majesty and he did not use to mis-represent any thing And then directly required me whether I would confess them or deny them If not he would prove them on Oath and thereupon my Lord Deputy called for my Lord Moore sitting
for him towards the upper end of the Table And there stood charged with several dis-respectful words spoken by him and the words mentioned in the Censure that was read were the words That he was charged to have spoken those words in breach of certain Articles by which the Army of Ireland was Governed the 13th and the 41st That there was much interlocution from my Lord Deputy to my Lord Mountnorris and returned from my Lord Mountnorris to my Lord the substance was That he was ready to give his Charge That he had violated those Articles That my Lord Mountnorris desired time to answer by Counsel and that he might have his Charge in writing That being not readily granted he insisted on it That he might have time to prepare his Answer but was told it was contrary to the form of that proceeding But whether that Objection of the form came from my Lord himself or from some other Member of the Board that I heard before named I cannot possibly say But thus stands the state of it my Lord Mountnorris neither confessing nor denying the Charge my Lord Deputy replyed Sir If you do neither confess nor deny the Charge how shall we proceed The Deputy called on the Lord Moore and said What shall we say to this business My Lord saith the Lord Moore what I can say is under my Hand That a little time after a Letter was read from the King whereby His Majesty was pleased to give direction to proceed in a Martial Court for Reparation and Honour of the Lord Deputy on the Complaint and Information given to the King That my Lord Mountnorris instantly fell on his Knees expressing a great deal of Grief and Sorrow and in truth Passion and had not much to say for himself and soon after was bid to withdraw and being withdrawn my Lord Deputy said That as he had complained to the King so he would expect that Honour from the Board That his Cause should be taken into consideration and such Redress given as was fit He demanded Justice according to the Articles insisted on And having declared it there was a silence amongst us for some time That he was the first that brake that silence and in as humble manner and terms as he could light upon did humbly desire my Lord Deputy to give him leave to ask whether he would give leave to wave either of those Articles but my Lord said he would demand Justice on both That this being so there was some Interlocution of discourse among the Council and in truth he thinks that he was one of the first that said that these Articles and the words cannot bear so good a construction but that there may be some danger of a breach upon these Articles Being asked whether the words were not represented to the Council of War in a Paper written and the Testimony given in pursuance of that Paper He Answered That as he remembers my Lord Moore having made a return to my Lord Deputy My Lord What I can say your Lordship hath under my hand he thinks my Lord Deputy said My Lord if you deny it I have it under your hand to shew And thereupon as he remembers the Clerk of the Council standing by had direction to draw up some Interrogatories which my Lord Moore did acknowledge and Sir Robert Loftus too did affirm that they were spoken by my Lord Mountnorris as much as was mentioned in the Paper Being asked how many Companies of the Army were then in Town how many in a Company and whether they were exercised in a more than ordinary Training and how many Companies the Army consists of He Answered That he thinks the Horse-Troops were 40 or 50 at the most some my Lords own The Foot-Companies were 50. And of those Companies there were he takes it two Horse-Troops besides my Lord 's own Troop and four Foot-Companies they were called up to guard and attend our Occasions in Parliament and they did their Duties as Souldiers every day as indeed my Lord of Strafford was careful of well exercising the Army as any General he ever saw and there are forty Companies of the old standing Army Being asked on my Lord of Straffords Motion Whether my Lord of Strafford did not declare he would not give Judgment in the Cause but Appeal to them as a Suitor for Reparation He Answered That my Lord of Strafford held them to the Point of the Articles demanding Justice on the Articles that he said sometimes he would depend on our Judgment in it and yet he would hold us to the Point of the Articles And further that if there were not a necessity of his being there he would have withdrawn too But my Lord would not give the Council a latitude to proceed according to the King's Letter for Reparation but he held them to the Point of the Articles Being asked on my Lord of Strafford's Motion Whether he did not tell my Lord Mountnorris when he went out of the Room that he would not speak a word till he came into the Room again and whether he did not do it accordingly and whether he sate bare all the while as a Party and not as a Judge In answer he desired leave to offer to their Lordships that he acquainted their Lordships before that as soon as my Lord Mountnorris was withdrawn my Lord did declare what he the Lord Renula had formerly said But after the Council fell into debate of it he spake not a word nor gave any interruption And he cannot positively say that he sate bare all the while Being asked Whether this was not in the time of full Peace and whether any Rebels or Enemies were in the Kingdom He Answered Certainly it was a time of very full and happy Peace To prove that in discourse concerning this Sentence my Lord said afterwards He would not lose the Honour or Share of it The Earl of Cork being asked to that purpose Answered That all he can remember is that the Sentence was publickly read in the Star-Chamber and my Lord said He would not lose his Share in the Honour of it but he cannot remember the day Lord Viscount Dillon asked to that purpose Answered That he happened to be in the Star-Chamber that day by my Lord of Strafford's Command and carried the Sword that day That the reading of the Sentence he remembers not but the words he heard That the Sentence given against my Lord Mountnorris by the Council of War was a noble and just Sentence and for his part he would not lose his share of the Honour of it The Commons proceeded to that part of the Charge which concerns the execution of another man by Martial Law William Castigatt sworn being asked several questions touching that part particularly Whether he knew one executed by Martial Law and by whom c. He Answered Yes his name was Thomas Denewitt and it was last Summer was two years that he was on the Green when he was
hanged and they were born in the same Town He said he knew not what Martial Law is but he was hanged on one of the bows of a growing Tree and he takes it my Lord of Strafford was present he added that all the Souldiers were there and the Company but knows not whether he was condemned by a Jury or no. And he heard that he was hanged for a quarter of Beef that he and some of the Company took away Lord Viscount Dillon being asked If he knew of the Execution of the said Person whether he was condemned by Martial Law and whether he was a Suitor to my Lady Strafford and could not prevail He Answered He did not know that man by name that was hanged but it was by Martial Law And he and another noble Lord that sits here were Suitors for him to my Lady and she told them she did endeavour but could not prevail for a Pardon That it was a little before the 500 men went to Carlisle out of Ireland That he was not present at the Trial but saw him hanged on the Green at Dublin on a Tree and knows not his name and he conceives the Provost-Marshal or the Provost-Marshal's Son did Execution for they were there both of them That the Cause was double as he heard for which he was condemned for flying from his Colours and for stealing some Beef Patrick Gough sworn and asked to the same purpose as before He Answered That he remembers about the time of the 500 Souldiers sending to Carlisle and the Army in Dublin this man was executed by the Provost-Marshal's Son and on a Tree and that time two other Souldiers were whipt The voice of the Report was He was hanged for a quarter of Beef and running away from his Colours Lord Renula asked what Answer was given when a motion was made that this man should be tried at Law He Answered That he was warned to come to a Marshalls Court and the Messenger came so late that he came not timely enough to give his Vote in the Court That he came when the matter was fully heard and having done his duty to the Lord-Deputy sate down behind the Chair That there were some controverted Opinions concerning the condemnation of the man The Lord-Deputy was pleased to desire his Opinion and stated the Evidence to him as it appeared before the Court which to his remembrance stood thus The party was accused to have stollen some Beef and charged to have run from his Colours which was the reason of the parties being called thither as he conceived And it was thus coming to his Lieutenant to demand his Pay if he be not mistaken and if he be he should be glad to be certified by any the Officer said He had it not then he desired to be Discharged Then go and be hanged said the Officer and thereupon left his Colours yet left his Musket with his Corporal That for the Beef it seems the Fact was clear that this was when a Regiment of Foot was to be transmitted to Carlisle and were at Dublin attending their Transportation hence That he the said Lord Renula was desired to inform himself of the particular charged upon his going from his Colours The thing in his excuse was The Officer's bidding him go and be hanged and leaving his Musket That therefore he the Lord Renula did the rather advise he should be tried by the Law than in that Court That he doth not conceive the Sentence was made certain before he came in and if he be not mistaken there is a Noble Peer of this House sate in that Council and he is sure that he the said Peer offered Reasons why he should not die for that Fact for he heard him argue it so and that is my Lord Conway Lord Conway was sworn and asked his knowledge of this He Answered That he hath been asked of this heretofore and therefore is something more in his memory than otherwise it would have been for he had almost forgot it and it is very imperfectly in memory He remembers that he was at a Council of War in Dublin that there was a man condemned to be hanged and that it was for such a matter as their Lordships had heard spoken more of it he doth not remember And being further asked Whether any Proposition was made to my Lord of Strafford to have the man referred to a legal Trial or the Execution deferred He Answered He remembers it not And so they closed the Article observing it to be fully proved in both parts of it and that it makes good the general Article of exercising a Tyrannical Government over His Majesties Subjects The Earl of Strafford began his Defence I humbly conceive my Answer must be allowed me if I prove clear of Treason having been debarred of Witnesses My Answer saith That the Deputies have always exercised Martial Law in time of the Armies march and divers Articles for regulating the Army printed according to which divers have been put to death in Peace as well as War That the Lord Mountnorris for breach of two of those Articles was proceeded against by 20 in number and Sentence of Death pronounced wherein I was no Judge and I obtained from His Majesty that no personal hurt befel him but a few days Imprisonment If I had been questioned on my Life for Murder or Felony I might in extremity have feared perhaps but certainly this can by no Law be made Treason for which only I must answer being a Crime of another nature I trust this will appear no Crime or such a one as I hope His Majesty will grant me a Pardon for as He hath done to others I desire to excuse a Mistake in my Answer about the whole Armies being at Dublin and I desire in my Answer to have liberty to rectifie a mistake I humbly desire the Commission may be read under the Broad-Seal whereby I am made General of the Army and Power derived to exercise Marshal-Law which was read and this limitation is in it as to the exercise of Marshal-Law Si opus fuerit And this I observe is according to the practise of all the World in Cases of this Nature That the Army in Ireland is a standing Army in the King's pay and and hath and always had Marshalls Serjeants Majors Generals Provost-Marshalls and other Officers We admit that there is an Army in Ireland that is in pay and distributed in the Country and hath Officers belonging to it The Generals there have from time to time set forth Orders in Print for the Government of the Army and the Officers of it particularly my Lord Wilmott whose Orders are here to be read My Lord Wilmott being examined confest there were Orders made for regulating the Army that he had the Honour to be General four years and that the Articles offered by my Lord of Strafford and by him viewed are attested under his Hand for which he took
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
Letters Patents under the Great Seal to exercise a Power against Law was complained of in Parliament and had Judgment for it among other things of High Treason They proceeded to Proof And first The Earl of Corke being asked whether before my Lord of Straffords time he hath known the Deputy or Justices alone determine any matter of Land in Equity or otherwise He Answered He remembers not any except in cases of the Church and Plantation The Lord Ranulagh being asked to that point Answered Never any to his knowledge having been of the Table two and twenty years Sir Adam Loftus being asked to the same point Answered He remembers not any having been a Privy-Counsellor 20 years The Lord Mountnorris being asked to that point Answered He never knew any having been a Privy-Counsellor since 14 Iac. and lived in Ireland 38 years That he was there all the time of my Lord Chichester or very near and was so acquainted with his proceedings that he dare engage himself for all he is worth that the Lord Chichester never put any such Order under his hand The Earl of Bath Sworn and asked to that point Answered That he hath often heard the Deputy in cases of Debt for relief of poor men hath proceeded alone but in cases of Land he never heard of any To take off Henry Dillon's Testimony the Manager alledged That he had been Sentenced at the Council-Board for speaking untruths My Lord of Strafford desired the Exception might not be made some Exceptions by him made to Witnesses against him being not admitted and that there might be unum pondus una mensura The Manager Answered In eodem genere Mali. This Exception is not for Extortion or collateral matters but for Perjury Thereupon his Acknowledgment was read wherein he confesses he had highly transgressed against the Honour of His Majesty and the Board in presuming to declare apparent untruths And that such an Acknowledgment was made was testified by Sir Adam Loftus and likewise by the Lord Dillon who shewed their Lordships the occasion thereof To the matter of my Lord Mountnorris his Imprisonment it was offered under my Lord of Straffords own hand to shew that it was partly upon the Sentence December 24. 1636. My Lord of Strafford not denying it to be his hand it was read being a Reference upon my Lord Mountnorris his Petition and in substance as followeth That for the Petitioners restraint more than twelve months he hath no body to blame but himself that hath all that space lain under a deserved censure of the Council of War and stood in Contempts and trifled with the Court of Castle-Chamber That His Majesties removal of the Sentence hath been often signified but never sued forth That the Petitioner did to the same effect Petition the Lord Deputy in May last and therefore all the Answer that for the present can be given is that his most gracious Pardon seeks no man nor can His Majesty remit all of that Sentence to be applied to the Petitioners benefit till by his humble suit he procured His Majesties Pardon under the Great Seal c. which taking the usual way and humbly acknowledging the justness of that Sentence he may have c. A Petition was then read directed to the Earl of Strafford from my Lord Mountnorris Praying a Warrant for a Pardon under the Great Seal according to the Law and the purport of His Majesties directions if his Lordship shall conceive His Majesties Letters on which the Lord Mountnorris relied as sufficient did not amount to a Legal Pardon Then was read my Lord of Straffords Answer Dublin Ianuary 30. 1636. When the Petitioner shall prefer his Petition for the said Pardon acknowledging the justness of the Sentence pronounced against him by the Council of War we shall take his Request into our further consideration Wentworth Whence one of the Managers observed That the King directs a Pardon to be drawn and till the Sentence be acknowledged to be just no consideration shall be taken and that the Preamble of the Pardon recites as much and he would not suffer it to be Sealed till this Acknowledgment passed Then was produced the Lady Mountnorris her Petition to His Majesty referred to the Lord Strafford Mr. Anslowe Sworn attested the truth of the Copy and it was read Setting forth her Sorrow on behalf of her Husband suffering in Honour Health and Imprisonment for a word mis-interpreted and still pursued in the Castle-Chamber and humbly praying a Command for his coming into England c. His Majesties Reference to my Lord of Strafford Iuly 18. 1636. His Majesty is pleased That on such a Submission as the Lord Deputy shall approve of he shall have his Liberty to come into England wherein the Lord Deputy is to take notice and to give Order therein accordingly Mr. Anslowe being asked whether this was brought to the Deputy by the Lady Mountnorris and whether he did not reject it He Answered That he was by when my Lady Mountnorris presented the Petition she was humbly on her Knees to desire my Lord of Strafford to receive it And he refused absolutely to receive it from her They then produced the Order in a Cross Suit in t Robert Parkhurst Plaintiff and the Lord Baltinglasse al. Defendants Et e contra The Order was read whereby certain Lands for 3000 l. paid at several times to the Viscount and 300 l. more to be paid afterwards were setled with Sir Robert Parkhurst William Brettergh Sworn was Interrogated touching my Lord Baltinglasse his Possession of the said Lands and his dispossessing thereof He Answered That he was Sollicitor for prosecuting of this Cause and made Defence of it in behalf of my Lord of Baltinglasse being then in England But at the time of the Decree his Lordship was come over That his Lordship never made Answer to it but when the Cause came to hearing my Lord of Strafford ordered the Possession of the Land against my Lord Baltinglasse and the Possession before was in one Grimble who was Tenant And that he could speak many other things concerning the carriage of it Mr. Glyn desired the Witness might be examined touching my Lord of Straffords purchase of those Lands and offered the Articles whereby my Lord of Strafford leased the Land for 28 years and at 666 l. per annum My Lord of Strafford confest thereupon that he had it but it was in Trust for a Noble Person The Manager observed That whether it was for a Friend or himself it is equal for a man will do a courtesie for his Friend as soon as for himself And so he concluded his Reply hoping that their Lordships were satisfied that he hath introduced an Innovation and being so that he hath exercised a Tyrannical Power over the Estates of His Majesties Subjects To such parts thereof as was new matter my Lord of Strafford replied in substance as followeth
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
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
pretence that he is impeached of Treason But they profess and he believeth them That when Sir George Ratcliffe came out of Ireland they had received in Money 80000 l. and they had layed forth in Rent buying Tobacco Stock and Charges 86000 l. so that they had not in their Money by 60000 l. And Sir George Ratcliffe who is now in Town and though his misfortunes are heavy and sad enough yet is known to be a person of Honesty and Worth he dares say will take his oath on it and they that know him know he would not take a false oath to gain all the world That there be indeed some debts which are not gathered and some collected and paid into the Exchequer and this he said is to the value of the bargain and where he hears the Gentleman say the Customs have been worth to him and his Partners 300000 l. Surely the Informations have been much mistaken from them that gave the notice out of Ireland for it is to be understood that whatsoever the Profits are the Kings Rent must be taken out which is 15500 l. of the rest the King hath â… parts and himself but ¼ part so that on the matter he thinks they have been worth to him 4 or 5 or 6000 l. a year better than the Rent though the value is not considerable in his Charge against him of Treason That their Lordships might see the Reasons why he could not prepare a particular Account of these things His Majesty had had a particular Account had not the Ministers been so dealt withal laid in prison and abused If you will speak of a tyrannical and arbitrary way of Government The Commons expressing some distaste at this Egression my Lord of Strafford saith he complains of Ireland not of things here and desires leave to read two Orders of the Commons House who have seized on all given order for sale of them taken the Contractors imployed and imprisoned them and he thereby rendred altogether unable to clear things as otherwise he might have done and these things they do he knows not how but to his undoing indeed Mr. Maynard did here interpose and desire to know to what purpose he would have them read and whereas he speaks of a Tyrannical usage he desires to know whom he presses whether the House of Commons there or here And Mr. Whitlock added That my Lord of Strafford in his defence of the last Article let fall some things that were an Aspersion on the whole state of Ireland the Lords and Commons there Assembled for he said Their Lordships might perceive the truth of the Remonstrance presented from thence on a former occasion and now he speaks of a Tyrannical Government on his making of Orders which himself mentions to be made by the House of Commons in Ireland And therefore their Lordships were desired to vindicate the Honor of the Kingdom of Ireland which suffers by those aspersions Sir Iohn Clotworthy further insisted on it That their Lordships are witnesses of the many Commendations my Lord of Strafford hath formerly issued concerning the people of Ireland as long as they were subservient to his Courses and could not find a way to extricate themselves from his Lord ships yoke they were cryed up to be numbred amongst the best of His Majesties Subjects Now when they are seeking to vindicate and relieve themselves from his heavy yoke they must be called a people he knows not how bad and therefore beseeches their Lordships that they may be set right in their Lordships opinions The reading of the Order being opposed by the Committee as tending nothing to the Cause Mr. Maynard alleadging that my Lord would have them ready to give their Lordships satisfaction why they should not be read for he imports they be tyrannical and something he would deduce out of them to the aspersion of others Whence my Lord of Strafford added only on the execution of them And Mr. Maynard replyed prove them on the Execution they were at last permitted to be read One dated 27 Feb. 1640. importing THat whereas great sums of Money have been raised by Customs above the Rent and my Lord of Strafford and Sir George Ratcliff are impeached of High Treason therefore it is Ordered That all persons that have Money of His Majesties in their hands concerning the Monopolies shall forthwith bring the same into his Highness Receipt and the Commissioners appointed to oversee the Ports shall bring in their Letters Patents to be considered of and because the Customs of Dublin amount to â… of Ireland and the now Collector is not responsible for his great charge if he should miscarry therefore Sir Edw. Bagshaw Kt. now Customer and Collector shall collect all the Customes and pay the same into the Receipt That the Magazine-keeper of Tobacco shall forthwith return a true List of all Tobacco remaining in his hands and what was sold since Michaelmas 1637. and to what account and what Moneys are received and to whom the same is paid and what Money Bonds Bills and other Debts remain unpaid of the Premisses and in whose hands they be And that all Customers and Officers in the Ports and Creeks do deliver into this House within two moneths a true List of all such seizures of Money Tobacco and other Commodities that they or any of them have made or compounded for or what remains in their hands and likewise all forfeited Bonds for Goods transported into England c. and of all Fees they have received and their Warrants and a Note of all such persons as receive Fees and are no Officers and what Fees c. for seven years last past The Second Order was dated 3 Mar. 1640. importing in effect That FOrasmuch as much Tobacco lies in the Magazines which is perished It is Ordered that certain persons in the Order named shall make sale thereof to the best advantage and the Contractors are required to make weekly Accounts of all the Moneys they shall receive or which shall accrue out of the Tobacco by them sold and deliver the Money to certain persons therein named or any two of them who are required to take the burden on them and receive the Account weekly due c. and to be answerable to His Majesty c. My Lord of Strafford observed that these he shewed to justifie that he could not give particular satisfaction those imployed being in prison And further that in the whole proceeding of this he had done nothing but what 's warrantable and howsoever it proves a good or a bad bargain that 's not in question for he never knew the goodness of a Bargain could make a Treason If every one that makes a bad bargain with the King should be a Traitor it were hard but at that time none would be a partner with them among them all that say it was so great a bargain That in fine the worst of this can but be that it is a Monopolie a sole buying and selling 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
way-layed the People and took away their Yarne and Cloth and seized on what the Merchants had bought III. When any came to the Markets they went to the Houses of poor people and took up the Hutches where their Cloth lay and seized on all leaving not so much as to cover their Nakedness IV. They took away all the poor peoples Iron Pots on pretence of another Proclamation so that on this great Cruelty which exceeded Pharoes the poor Children were forced to go into the Fields to eat Grass with the Beasts of the Field where they lay down and died by Thousands If it be deny'd it will be proved by Twenty Thousand and the Iudges of Assize c. procured my Lord Lieutenant to Recall all the foresaid Proclamations Mr. Fitzgarret being Interrogated as to the Value of this Commodity to the Kingdom of Ireland He Answered That he hath known the Province of Ulster and had occasion to converse with the best of it for 24 years last past That he was for 8 years imployed in the Circuit for these parts and observed the Natives made a very great Commodity of Yarne and Linnen-Cloth That he may safely call it the Staple-Commodity of that part of the Kingdom That the Merchants buying their Yarne and transporting it to Lancaster it was a very great Commodity and many lived on it That the Proclamation and Execution of it as he was informed by a man of very good rank Impoverished the whole Province especially the Irish Natives of whom few have Lands or Estates but live as Tenants and the Lands there not yielding Wheat or Barley in abundance as other Countries they convert the best Lands to the sowing of Flax and make a very great Commodity of it That he had continual conference especially in Term-time with the best in those parts and especially Mr. Robert Braithwait Agent for my Lord of Essex and Dr. Cook of whose two Towns one is supported by this Commodity and Dr. Cook said there hath been a hundred pounds worth of Yarn in a day sold and bought in that place and by this means the Markets are wasted the People impoverished and that he the said Dr. Cook thinks in his Conscience many thousands are famished by the scarcity of Money that ensued on the seizing of this and the extremity was such that one of the Deputies of those mens authorising went into the house of a Scotchman in the parts of Ulster himself being in England or Scotland would open the Chests and used such cruelty that they thrust a stick into the Womans throat and she died of it and the man was tried for it as he was informed And so Mr. Maynard concluded the Charge supposing it to be sufficiently proved After a little respite my Lord of Strafford made his defence in substance as followeth That in this Charge he hears something tending to Oppression but nothing at all towards Treason for which he is only to answer That the intention of these Proclamations touching Yarn was certainly very good and he thinks the power very lawfully executed being but temporary to take away an abuse and make it better for the Common-wealth That he conceives not how these Proclamations should be particularly laid on him for he hath very good company goes along with him being set out by the Deputies and Council and affixed to them the Hands of my Lord Loftus the Lord Primate the Archbishop of Dublin Earl of Ormond Lord Dillon Sir Adam Loftus the two Chief Justices and others That he had rather answer all than impute any thing to any body else but he believes their Lordships will conceive he is not particularly answerable for things done by the advice of the Council as for the best That he conceives they had power to issue these Proclamations as in other things was frequent as in Drawing by the Horse tail burning the Straw and so taking the Corn from it to bring them from these Irish Customs to the English Manners So in this that their winding of Thread might be brought off with more conveniency as being of so much more value for the unwinding was as much trouble as the thing was worth so that the authority was lawful and well executed in the granting of it He craved leave to tell their Lordships wherefore it was being desirous to regulate this business more than any other thing whatsoever And it was out of that Duty and Service he did and ever should owe to the English Nation however for the present he may not be thought one he had those affections and shall have to his death to wish the Kingdom all prosperity and happiness in all the parts of it That at his coming over he did observe the Wooll of that Kingdom did increase very much that if it should there be wrought into Cloth it would be a very great prejudice in time to the Clothing trade of England and therefore he was willing as much as he might lawfully and fairly to discourage that Trade That on the other side he was desirous to set up the trade of Linnen cloth which would be beneficial there and not prejudice the trade of England But it was extreamly to his loss for he says he lost 3000 l. and the Stewards Chamber being searched and it appearing so the Accounts were delivered back again so that he conceives they had lawful power so to do till a Law might make it more certain and setled and then he is answerable for nothing in all the rest because the execution was nothing to him and the abuses of the Officers he is not to answer for of whom Croky was the principal Executor and if there was an Offender he is the greatest Offender himself and my Lord Rainalaugh tells their Lordships plainly and truly that upon complaint of the ill execution of it it was absolutely recalled and that within two years so if it were a fault he was not incorrigible but willing to amend it on the first notice For the Warrant there is nothing proved of any thing amiss in him but it goes only to second the Proclamation and that there should be assistance in the due and just execution of it only it says the Yarn shall be brought to Dublin there to be disposed of as he should direct but there is no proof of any brought to him only my Lord Rainalaugh mentions a Cart-load brought to Dublin as the fellow told him and Croky says some was brought to Dublin but he knows not how much and it was converted partly to his use partly to Carpenters but he is a single witness whereas my Lord Rainalaugh says there was taken at Athlone as he was told a Cart-load of Yarn and Sir Iohn Clotworthy says they starved by multitudes in Ulster my Lord of Strafford said he could not conceive how so little a quantity taken in Conaught should be an occasion of starving multitudes in Ulster nor the small quantities taken by Croky but if there were so
For I. He hath heard it said That the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governor For these words No Lord or any other of what condition soever c. Must imply a condition of a Lord or one under a Lord not a condition above a Lord as the Chief Governor is II. He shall not lead or bring He hath neither brought nor lead them into Action for the Sergeant at Armes hath done it though under his Warrant III. It speaks of bringing English Rebels or Irish Enemies or Hooded Men Hoblers Kernes c. But that sending of the Kings Soldiers to apprehend and attach such Refractory Persons should be within the Statute is a Stretching of the words of it very far IV. Notwithstanding this Law the Chief Governor hath alwayes used to assess Soldiers and Practice is the best Interpreter of Lawes and yet his acts have not by this Statute been concluded Treason since they have Compounded for it and they pay a great Rent The Composition Rents paid for their discharge from the assessing of the Army being one of the greatest Revenues before his coming there And if their Lordships will have it proved there be few of the Irish but know it And in Conaught the King may take or leave as he pleases Though he shall not insist on it as desiring never to depart from their Lordships Judgment nor thinking himself more safe in any other therefore freely and voluntarily he puts himself under their Lordships Censure for his Life as for his Death But if he should insist on it admitting all this That it was a Treason by the Statute-Law of Ireland yet he is not Tryable for it here But he makes no use of it to that purpose but had he a Thousand lives he would humbly lay them every one at their Lordships feet He added That it is a very heavy Case that such old Laws as these should be started in this manner when the Practice hath been quite contrary and Kindled to destroy him and his Posterity at a Blow But he trusts God Almighty hath provided better for him by their Lordships Favour and Justice For though the Gentlemen at the Bar are much more Learned than himself yet it may be they are not so well Read in the Irish-Statutes as they be in the English Besides he is most confident he shall make it appear that Statute is Repealed And if it falls in his Judgment their Lordships he hopes will find he had Reason to think what he shall offer might be available and that their Lordships will not be offended if he mistakes the Law and this as in other things he desires the Advantage of by Counsel concerning these Points of Law before he be finally concluded First By the Statute of 8 Ed. 4. ca. 1. and had these Gentlemen seen these Statutes he believes they would never put it in Charge against him Whereby it is Enacted Confirmed and Ratified by Authority of the said Parliament that the said Statute be Adjudged and Approved in force and strength and the said Statute may be of force in this Land from the 6 th day of March next and that from henceforth the said Act and all Statutes and Acts made by Authority of Parliament within the Kingdom of England be Adjudged and Ratified from the said 6 th day of March. This comes in time after the Statute of Treason of H. 6. and Ratifying all the former Statutes of England Ratifies the 25 th of E. 3. in England which is the Statute of Treason and 1 H. 4. which sayes nothing shall be Treason but what is said to be Treason within the said Statute of 25 E. 3. So that nothing can be Treason in Ireland but what is Treason by 25 E. 3. or 1 H. 4. or something subsequent for these being confirmed later do take away the Statute of 18 H. 6. Secondly By the Statute of 10 H. 7. c. 22. and this is a Repeal in Judgements far better then his own The former was for another purpose By this all the Statutes made in England before that time are brought to be Laws within Ireland and all Laws contrary to these Laws are hereby repealed But the Law urged by those Gentlemen is against the Laws of 25 Ed. 3. and 1 H. 4. and consequently is repealed very clearly and the words are these in effect It tells of the Benefit and Advantage that might come to them after the English Laws should be brought in And if any Statute have been made contrary to them the same to be annulled void and of none effect And that it hath been so taken and conceived that that Law is Repealed he hath as he conceives a Judgment in Parliament clearly on his side to clear him as to this Treason That the Deputy hath power to Assess Soldiers in Cases where he shall think convenient It is a Power which God forbid any Many should exercise but with all fair Intention and Mildness that possibly can be and he speaks it not to draw any inconvenience on that Kingdom he being willing to spend his Life for them rather than do them any hurt nor will he carry from this Bar the Remembrance of any thing of their Unkindness in Prosecution he means not them that are Members of this House praeter gratuitas Cicatrices and will never look the worse on them he Vowes to God The Statute is 11 Eliz. ca. 7. Being an Act for taking away Captainship and all Exactions belonging thereunto from the Lords and Great Men. WHereas Most Gracious Soveraign Lady The Lords and Chieftaines of this Realm in the time of desolation of Iustice have arrogated to themselves Absolute and Regal Authority c. For Remedy whereof your Faithful Subjects most humbly beseech it may be Enacted c. That no Earl Viscount Baron Lord c. dwelling within this Realm shall assume c. the Name of Captain of any Countrey except such as hath or shall have the same by Letters-Patents from Your Majesty c. or by the name of Captain or therwise exact for the finding of him or them their Horse Foot of or upon any of your Majesties Subjects Tax Sess Subsidie c. nor shall call togethe people of the same Countrey to Treat Conclude and Agree for making War or Peace c. Sess nor lead the people c. without the Great Seal or Warrant from the Lord Deputy c. upon pain to every Earl Viscount Baron or Lord c. for every time 100 l. of lawful Money of Ireland Whence he inferred that here is a Commission that the Deputy and chief Governors have power to Assess and yet are no Traitors a penalty which they would have spared had they thought that Law to have been in force So that as he hath been free in his heart from any Treasonable designe towards His Majesty or His People and as he hath been innocent to God Almighty within doors so
the said Realm are restrained from seeking relief against the oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous ways as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over onely to complain of the exorbitances and oppressions of the said Earl April 3. 1641. Mr. Palmer Proceeded in further Maintenance of the Charge of High-Treason by the Commons of England against the Earl of Strafford and said They were now entring upon the Sixteenth Article of his IMPEACHMENT and shewed THat from the Former Articles had been represented several and divers sorts of Crimes and how that in every of them their Lordships might perceive a Power assumed by my Lord of Strafford above and contrary to the Laws and destructive to them in every part so far as concerned the Subject Matter and how these Multiplications of Acts did presuppose an Habit and evidently proved that main Charge wherewith he was Accused viz. His endeavouring the Subversion of the Established Laws and Government and to introduce an Arbitrary and Tyrannical Power And that by this Article it would appear unto their Lordships that those Exorbitances that were done in Ireland were prepensed and intended before his going thither That those Oppressions were so by him done and that he might Countenance it the Article Charges him that on the 22 th of February in the 7 th year of the King he procured from his Majesties own allowance that no Complaint of Injustice or Oppression should be received in England unless the Party made first his Address himself to the Deputy and this was obtained on his repairing to that Government And this was to be observed by the Secretaries here the Masters of Request and all others by whom Complaints might have passage to His Majesty and it remained as a Caution that none should be admitted It is true many specious Reasons and Arguments were subscribed to this Proposition but the effect of them was to take the Reines of Rule into his own hands to prevent the immediate access and approach of the Subjects to His Majesty in their seeking of redress for their Grievances And in the 11 th year of the King after some time spent there to prevent them of all meanes of Redress their Complaints being before Imbargued that they could not be received no person at all must come over without License There must not be a Rumour of what was done in Ireland but such as he should so Authorize To that end by colour of some Laws in Ireland concerning them that were to maintain their Lands against the Irish in times of Hostility and Rebellion and under colour of some Instruction for their keeping their Residence on their Lands as also of a Letter to that purpose from His Majesty he is Charged that on the 17 th of Sept. 11 Car. he issued a Proclamation and that Commands the Nobility Undertakers and others that held Estates in Ireland to reside there and not to depart without his Licence and so restrained them from seeking Relief against his Oppressions without his Licence To them that desired Licenses he deny'd them On them that adventur'd to repair hither without Licence he imposed Fines and Imprisonments for transgressing that Proclamation and howsoever this may be Coloured with Pretences of Instructions and Letters from His Majesty it is an Usurpation on Regality and an undermining of the Protection of His Majesty over His People For Proof thereof Iohn Loftus being Sworn Attested That the Copy of the Propositions made by my Lord of Strafford was taken out of the Clerk of the Councils Office and was a true Copy The said Propositions were Read At VVhitehall 22 th of Feb. 1631. Propositions to be considered of by His Majesty concerning the Government of Ireland These Propositions were entered according to His Majesties pleasure signified by Mr. Secretary Cooke These Propositions made to His Majesty by the Lord Wentworth Lord Deputy of Ireland and Lord President of the North were Read and Approved of at the Council Board 17 th Feb. 1631. There being Present c. THat no particular Complaint of Iustice or Oppression be admitted here against any unless it appear the Party made first his Address to the Deputy This is but Iustice to the Deputy who must needs in some measure be a Delinquent Whence Mr. Palmer Inferred It did appear that this was to be Entered and remain with the Secretaries Masters of Requests and all others whom it might concern The next thing is the Proclamation in effect as followeth 17 th of Sept. 11 Car By the Lord Deputy and Council A Proclamation That Noblemen Undertakers and others shall be Resident here After the Preamble it Imports WE therefore in Obedience to His Majesties Royal Command signified by the said Letter Do Publish Declare and make known His Princely Pleasure That all the Nobility Undertakers and others that hold Estates and Offices in the Kingdom such only excepted as are imployed in His Service in England do hereafter make their Personal Residences here And not depart to England or other place without Licence of us the Lord Deputy any former Letter to the contrary notwithstanding And in case we the Lord Deputy shall have notice of their Contempt of His Majesties Will We shall proceed against them in an Exemplary way to deter others Therefore we straightly Command all manner of persons to take notice of this Proclamation Mr. Palmer observed That by the Propositions all Complaints are prevented by the Proclamation all persons are restrayned from coming over without the Lord Deputies Licence And that in pursuance hereof several persons that have required Licences have been refused That many of their occasions to come over were Complaints against the Deputy himself That such use hath been made of this Act that the Committee of the House of Parliament there were restrained from coming over on pretence of this Prohibition Witnesses were produced And first Richard Wade being Sworn was Interrogated Whether my Lord of Esmond did not require Licence to come into England and if it was deny'd him And Whether he had not a Suit depending with my Lord of Strafford and he would not let him come over till Publication passed whereby he was prevented of examining his Witnesses He Answered That in August 1638 my Lord of Esmond sent him with a Petition to my Lord Deputy for Licence to go to make an end of the Cause wherein my Lord Lieutenant was Plaintiff That he delivered the Petition to my Lord Lieutenant himself and waited on him every day for his Answer that he could not get Licence on that Petition That after this in Michaelmas-Term 1638 as he takes it my Lord of Esmond procured the Kings Letter This Letter he delivered to my Lord Deputy by direction of my Lord of Esmond but in this could not get Licence So that he was deteined from Aug. 1638
till April following and he thinks till Publication was granted Lorky being Sworn and Interrogated touching my Lord of Esmonds restraint till the passing of Publication He Answered That when my Lord of Esmond heard that my Lord of Strafford had Incerted him into a Bill amongst other Defendants in the Star-Chamber my Lord desired leave to come to England to make his Defence in that Cause and to appear in it in person because without his Lordships leave he could not come over by vertue of this Proclamation My Lord sollicited his leave first by a Petition Aug. 1638. afterwards by several Letters some he the Deponent carried to his Lordship who still denied leave and would not suffer my Lord of Esmond to come over till after Publication was granted in the Cause which he conceives was in April my Lord of Esmond having sollicited from April 1638 till Aprill following Richard Wade Interrogated What my Lord Lieutenant said to him concerning my Lord of Esmonds coming over He Answered That on delivery of the Kings Letter to him when he looked on it in the evening the out-side said my Lord of Strafford is Secretary Crookes hand and to morrow morning if you attend me you shall have an Answer That the next morning he the Deponent came to the Secretary Carr who told his Lordship The Deponent was there That my Lord sent for him the Deponent to his Study and said What needs my Lord of Esmond be so importunate for he can do nothing there but his Attorney and Agent may do it Indeed said he the Deponent My Lord intends only to go over to get a Commission to justifie his Innocency Why then saith my Lord of Strafford I will not give way he shall have no Commission but what is out already and if he have any Commission it is but Negative And Mr. Palmer observed That by this meanes my Lord of Esmond came to be Sentenced and Mr. Maynard added That so might the most innocent Man Lord Roche Sworn and Interrogated Whether he did not demand a Licence and was deny'd and in what suit he thought to be relieved He Answered That he prayed my Lord to give him leave and he deny'd him That his occasion to come over was about an Information preferred against him half a year before in the Star-Chamber conceiving that there were some intentions against him that tended much to his prejudice by my Lord Deputy and Lord President of Munster who were the occasion of the Information as he conceived and that he intended to come over hoping he might do something with the King and their Lordships and when he demanded Licence his Lordship coming to take Ship and he the Deponent conducting him he deny'd it him the Deponent and the Suit was not pursued in five or six months and till my Lord went over nothing was said of it which was five or six months more My Lord of Strafford desired he might be Asked Whether he was not then Prisoner in the Castle he alleadging That he was in prison for divers great Misdemeanors and being Interrogated accordingly He Answered That he was not a Prisoner in half a year after till my Lord came out of England nor was the Cause followed in five or six Months after he propounded a Licence to his Lordship which was the day his Lordship went Aboard The next case offered is the case of Dermond Mac Carty who had a Suit against him several times dismissed in a Court of Justice which my Lord Deputy took afterwards into determination himself and made an Order against him in the Cause that was so diminished Mac-Carty Grandchild to him against whom the Order was made who was not bound by the Order having no Land nor Office in Ireland and so not bound by the Proclamation desired leave to come into England to Complain indeed of this Injustice though he pretended it was for his Education but was deny'd by my Lord and by others in his absence because my Lord had deny'd him before The Petition subscribed by my Lord Deputy himself was Read my Lord Acknowledged it to be under his own hand To the Right Honourable the Lord Viscount Wentworth c. THe humble Petition of Dermond Mac-Carty showing That your Petitioner for his Private Occasions specially for better Breeding and Education is desirous to Travel into the Realm of England He therefore most humbly prayeth your Lordship will be pleased to Licence and Dispence with his Iourney thither And he will ever pray c. Dublin-Castle 28 Iune 1637. FOr Our Reasons best known to Our Selves We think it not fit to Grant the Petitioners Request but do rather hereby expresly inhibit and forbid him to Transport himself into England or any part beyond the Seas without Our Licence first had in that behalf And of these Directions the Petitioner is required not only to take notice but also obey the same as he will answer the contrary at his utmost Peril On a second Petition preferred by Mac-Carty because my Lord Deputy had refused to give him Licence Sir Christopher Wainsford did also refuse his Licence The Petition and the Answer thereunto purporting to that effect were Read Iames Nash Sworn and Interrogated Whether the occasion of these Petitions was not to Complain of that Decree made by my Lord Deputy in a Cause that had in a Court of Justice been dismissed He Answered That he knew the passages of all the Causes having been a Sollicitor and Agent for the Father of Mac-Carty and waiting on their occasions in Dublin That after the obtaining of two Dismissions in the Suit my Lord did Order and Decree for Sir Iames Craig 5496 l. against Mac-Carty And on this Decree an Order to Dispossess him of all his Fathers Estate and he being Banish'd into a Foreign Part the young Man for fear would not come in and appear but hoping to have Redress in England did Petition in this matter in desire and hope to have Redress in that dismission made by the Lord Strafford Mr. Palmer Opened the Case of Parry his Fine and Imprisonment who is mentioned in the Article That he was Servant to the late Lord Chancellor was Examined before my Lord Deputy of some things that concerned his Master and had Answered so much as it pleased my Lord to require of him That after this being used to follow my Lord Chancellors occasions my Lord Deputy to prevent his coming over referred him to further Examination before the Iudges whom he attended five or six dayes but there was nothing to examine him upon for he had delivered all that was required as fully as he knew That finding my Lord Chancellors occasions very urgent he came into England and as soon as he came hither it seems he was followed with directions thence for by Warrant from Secretary Cook he was apprehended by a Messenger and the Warrant expresses it that he was one that came over without Licence That he was
before his going into Ireland and as appears by their own shewing such a Proposition as was allowed and approved of by their Lordships at the Council-Board He desires that in this as in all things else he might not be taken in pieces but altogether for if they take part and leave what they please they may make a man speak strange things and therefore he desired their Lordships would hear the reasons inducing that Proposition as well as the Proposition it self being under the Clerk of the Councils hand and so attested by Mr. Ralton The Proposition and Reasons were accordingly read as followeth in substance Feb. 1631. A Proposition amongst divers others entred in the Register of the Acts of Council 22 Feb. 1631. follows in haec verba THat no particular complaint of Injustice or Oppression be admitted here against any unless it first appear he hath made his Address to the Deputy And indeed this is but justice to the Deputy who must needs in some measure be a Delinquent if the complaints be true as being in chief universally to take care that His Majesties Justice be throughly complyed with in that place and therefore good reason his Judgement should be informed and his Integrity first tryed before either be impeached Nay it is but justice to the Government it self which would be exceeding scandalous through the liberty of complaints and the Ministery therein extreamly discouraged upon every petit matter to be drawn to answer here when the thing it self is for the most part either injurious or for which the party might have received good satisfaction at his own door But where the complaint appears formally grounded and where due application hath been made to the Deputy without relief to the party let it be throughly examined and severely punished wheresoever the fault proves to be especially if it be corrupt or malicious for so he shall not only magnify his Justice but punish an unfaithful Minister or clamorous Complainant and his service shall thereby be bettered From whence my Lord of Strafford inferred That by this it might appear to their Lordships his intent was not to assume any greater Authority than became him to desire but meerly to prevent clamors and unjust complaints and that they might be redressed nearer home without Complaint and no way to hinder any mans just complaint And so it had no relation nor aspect to himself but meerly to the furthering of the Kings Justice And so that Proposition could not he conceived be turn'd upon him otherwise then as Just and Honourable For the Proclamation it self and the staying of men from coming without Licence the thing complained of he begged leave to acquaint their Lordships with some particulars He conceived by the Laws of Ireland no man that is a Subject and Liege-man there can come from thence without Licence from the Deputy but it is very penal and to that purpose he would mention two or three Statutes of that Kingdom One is the 26 H. 6. ca. 2. The Title whereof is An Act that the Kings Subjects or Officers in Ireland may be absent by the Commands of the King or Governor or Council without Censure of c. The words of the Statute in substance Also it is decreed and agreed that none of the Kings Liege men who comprehend all as he conceives or Officers of the Land go out of the Land but by Commission from the King or his Heirs Lieutenant-Iustices c. All the Rents Benefits Offices or other Possessions by their said Absence shall be seized into the Kings hands c. Whence my Lord of Strafford inferred That if they go without the Governors Licence there is a forfeiture of all these Another is 25 H. 6. Ca. 9. It is ordained c. That if any Liege-man be out of the Kingdom by the Commandement of the King or his Heirs or the Lieutenant there Deputy-Iustices or Council Their Rents c shall not be seized c. Whence his Lordship inferred That if they go without Licence they are punishable for it The next is a certain Article preferred by certain Irish Agents then in England in May 1628. or thereabouts long before he was thought on for a Deputy in Ireland either by himself or any body else and this is from their own desire and Petition Being attested by Mr. Ralton to be a true Copy one Article was read being in substance as followeth May 1628. TO the Kings most Excellent Majesty the humble Petition of Your Majesties faithful Subjects appointed Agents to prefer certain humble Requests c. to your Highness in behalfe of your Kingdom of Ireland After the Preamble amongst other things it contained That His Majesty would be pleased that in respect of the non-residence of many great men who spending their Estates abroad the Kingdom was impoverished and great sums of Money transported Order might be taken that both they and all Undertakers on whom Estates have been bestowed for the better supporting and improving of the Kingdom may make their personal Residence at least half the year and not to depart without Licence His Majesties Answer was given in these words ALL the Nobility Undertakers and others who hold Estates and Offices within that Kingdom are to make their personal Residence there and not to leave it without Licence such persons excepted only as are imployed in Our Service in England or attend here by Our special Command Next my Lord of Strafford desired he might read the Lord Faulklands Instructions which as he conceived were pursuing to this and they were as he takes it 24 May 1628. which being attested by Mr. Brooks to be examined by the Original was read C. R. Instructions to be observed by or c. Henry Viscount Faulkland or Council there c. ALL the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their personal Residence there and not to leave it without Licence such persons only excepted as are employed in Our Service in England or attend here by Our special Command Next His Lordship offered His Majesties Letter of 20 th of Ianuary 1634. Commanding the publishing of this Proclamation which Mr. Ralton affirming to be a true Copy was read C. R. To the Lord Deputy of Ireland WHEREAS amongst other things in the Graces vouchsafed to Our Subjects 1628. We signified Our Pleasure That the Nobility Undertakers and Others holding Estates in Ireland should be resident there and not to depart without Licence And being now given to understand That notwithstanding those Directions divers persons not of the meaner sort take liberty to pass into this Kingdom or foreign parts as if they understood not what they owed to Us in their Duty or themselves in their evil Carriage which presumption we may not long suffer c. We do therefore hereby Will and Require you by Act of State or Proclamation to make known Our Pleasure That all Nobility Undertakers and others that hold Estates and Offices such persons
whether it were or no hath denyed Licence without Fees and that certain Fees were demanded shall be made appear Whereupon Richard Wade being Interrogated whether Fees were not demanded by the Secretaries for Licences of mens passage into England and what Fees He Answered That for Fees for my Lord of Esmond's Licence he was demanded 24 or 25 s. Patrick Gough being asked to that point He Answered That he remembers he hath taken Licences twice or thrice for my Lord Viscount Mountgomery and for every one of them paid 25 s. and for three of his servants 25 s. and that those were demanded for he the Deponent would have given less if they would have taken less and that these were demanded by Secretary Littles Servants Mr. Glyn desired one word more and the rather said he because it seems my Lord of Strafford slights this Article which is the most proved and the least answer'd of any yet heard their Lordships may observe what is laid to his charge the subverting of Laws and the introducing of a Tyrannical Government And before he goes about his work he puts off all means of redress beforehand that if he give any occasion of offence he that is offended shall not possibly have remedy His justification is because of that great danger that may ensue for they may joyn with Rebels but that 's a pretence Indeed he used that Argument when he moved it to His Majesty but it was that they might not come over to make complaints That his Propositions were made and entred at the Council-Table here he aggravates his offence and Mr Glyn did thus illustrate it That if a man come to him and desire leave to lye in his House if he gives the party leave and he by that means takes occasion to betray him or to commit Felony or steal his Goods That leave was well given but it aggravates the others offence when he doth mischief to him that lodged him So my Lord of Strafford's Proposition was fair but if their Lordships observe the subsequence of it that he might exercise his Power and leave the Subject without means of redress but they must come to himself for it Mr Glyn further said he thinks had he suffered under his hands after the example of my Lord Mountnorris he should be loth to say to his face he would complain An Act of Parliament he produces for his Justification which is plainly against him for it shews there were some that held Lands there by tenure and if they were not resident they forfeited Then comes the Act and says That those whom the King commands to be absent they shall not forfeit which shows they had a personal Power without Licence so that the very Law produced is expresly against him and there Lordships may see by his own Proposition the occasion of his introducing this Letter And Mr. Glyn concluded That he supposes that my Lord of Strafford hath made no answer to that And so the 16 th Article was finished and the 17 th and 18 th being for the present set aside the Committee that managed the Evidence proceeded to the 19 th Article THE Nineteenth Article The Charge 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command He the said Earl in May the 15th year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of His Majesties Royal Commands but submit himself in all Obedience thereunto which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath a gainst their Wills and of such as refused to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and exiled and namely the 10th of October Ann. Dom. 1639. He Fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the Kings Liege people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare that the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgement of his Supremacy only but to the Ceremonies and Government of the Church established and to be established by His Majesties Royal Authority and said That the refusers to obey he would prosecute to the Blood Mr. Whitlock proceeded to open the 19th Article setting forth in substance as followeth THAT the next Article in which they shall proceed to make good the Impeachment of all the Commons of England against my Lord of Strafford is the 19th Article That their Lordships have heard his demeanor to the Subjects of the Irish Nation what power he exercised over their Liberties their Properties their Lives That he used His Majesties Subjects of Scotland in the same manner exercising an unlawful power over their consciences by imposing a new and unlawful Oath on such of them as lived in Ireland That the Kings Subjects of the Scotish Nation have the same benefit of protection from His Majesty and His Laws as his other Subjects have since they are bound to the same Allegiance to the same Obedience and therefore what ought not to be done to any other of the King's Subjects ought not to be done to them That a new Oath cannot be imposed without Assent of a Parliament yet my Lord of Strafford is pleased to enjoyn this Oath to contrive it to threaten them that desired to consider of it he sends forth Commissions to the Gentry in the Countrey to tender it and such as refused were brought up by Pursivants and Officers to Dublin and committed to Prison and divers of them rather than they would take this Oath were fain to forsake their Families their Estates and Lands and fly away and were exiled the Kingdom That the Charge particularly mentioning the sentencing of Henry Stuart his Wife and two Daughters and one Iames Gray above the age of 16. who for refusing this Oath were Fined Stuart himself 5000 l. his Wife 3000 l. his Daughters 3000 l. apiece and Iames Gray as much and in their Sentence my Lord was pleased to declare himself so bitter against that Nation and so much resolved that this Oath should be taken by all of them though against Law That he publiquely said That those who refused to take the Oath
he would prosecute to the Blood That the Scotch Nation were Rebels and Traitors and that if His Majesty should please to send him back to the Government of Ireland he being then to come into England he would root out the Scotish Nation root and Branch And further did declare That this Oath thus enjoyned did bind to the Ceremonies of the Church not only those that were establish'd but such as were to be established so that the Oath had some affinity with the Oath in this Kingdom not long since Sir Iames Mountgomery being Interrogated what he knew concerning the contriving and imposing of the said Oath He Answered That he was very unwilling to give any Testimony in this particular because he knows there is a Petition for this Oath to which Petition his hand is among others and therefore some perchance who doe not know the passage of the business may think there was a discordance and a disagreement between the Instrument under his hand and the Testimony he must give being put to it upon Oath but he hopes there shall none appear when he hath spoken That in April as he remembers 1639. My Lord-Lieutenant then Lord-Deputy did write down Letters to the most part of all the Noblemen and Gentlemen of the Scotish Nation dwelling in Ireland in the Province of Ulster especially amongst whom the Deponent received one Letter himself and he was required by that Letter as the rest whose Letters were to one effect to repair to Dublin 27 April as he remembers that his Lordship might confer with them about some affairs that did concern His Majesties special service and therefore they were required not to fail to be there that day That thither they came and being come my Lord Viscount Mountgomery being not well in his health having got a cold in his journey the said Lord Viscount sent to excuse himself to my Lord Deputy that he was not able to come abroad for a day or two and my Lord Deputy sent him word he would come to his Lodging and gave warning to the rest of the Gent. to meet his Lordship there the next day at two of the clock that there they did all come and there were the Bishops of Down and Raffo and some others of the Clergy And being met my Lord Deputy came thither and told them he was there as their friend to acquaint them with some things that did much concern them and to give them his advice He did then tell them of great disorders in Scotland of great jealousies raised against them and that they who were present might possibly be favourers or furtherers of those distempers but he added that he hoped better of them however that it behoved them to do something to vindicate themselves from this aspersion and that they should offer it freely of themselves and not stay till it were imposed by Authority That he did insist further in his Speech and insinuated to them what was expected they should do and that they should be suitors for it That an Oath was expected according to the example of Scotland as they had there joyned in a Covenant To this purpose he did deliver himself That when his Lordship had ended the Bishops of Raffo and Down one seconding the other gave his Lordship thanks for his Lordships favour to them and told his Lordship that as those in Scotland had joyned together and conspired by an unlawful Oath so they here would joyn in a lawful oath in opposition to that and would petition for it to his Lordship It was seconded by the Bishop of Down and some others of the Clergy there little being spoken by others That the Bishop of Down desired he might draw it but the Lord-Deputy put it on the Bishop of Raffo That some of them thought it a little too hasty and when my Lord was risen up he the Deponent took on him to speak to his Lordship and told him the things spoken of there were not charged against the Nation but against the Covenanters in Scotland and did not concern themselves and therefore thought under favour that it should not be amiss to think what they should doe before they appointed a man to draw a Petition or to this effect That his Lordship was pleased to turn towards him something in choler and to tell him Sir Iames Mountgomery you may go home and petition or not petition if you will but if you do not or who doth not or to this effect shall do worse That they seeing his Lordship had resolved it should be so there was no more said The Bishop of Raffo went with the Petition in his hand to some of them being desirous to see it to contribute their advice to them and somewhat suspecting this Train of the Gentry that night again the said Bishop met with my Lord Mountgomery Sir William Stuart Sir Iames Craig and himself the Deputy and brought two draughts of Petitions the one indeed was down right railing the other not very mild he thinks howsoever they did desire to have qualified it something in words but the Bishop told them it was already so cold he was ashamed of it and could not engross it till he had shewed it my Lord Deputy to know whether he would accept of it The next morning some of them saw it with him and took exception at some bitter words that were in it and the Bishop said it was not to be disputed for my Lord Deputy had seen it and it was done with his good liking After that it was engrossed they met to have Signed it and some took exceptions that there was too great a latitude in it and desired it might be entred That they should be in the case with other His Majesties Subjects but the Bishop said he could alter nothing without my Lord-Lieutenants knowledge and he would go to my Lord with it and to my Lord Mountgomery They intreated to go along with him and my Lord was willing these words should be added That it should be in equal manner and measure with other His Majesties Subjects so the Petition was ingrossed and signed and was afterwards delivered to his Lordship That then my Lord Deputy desired them to appoint five or six of their number to wait on his Lordship and some of the Council the next morning to confer concerning the Oath and they made choice of six the Lord Mountgomery Stuart and these two Bishops Sir William Stuart and himself the Deponent when they came his Lordship caused the Clerk of the Council to read the Oath that was to be Administred and some other debates they had some offered some motions to his Lordship for some words by way of explanation as that they should not protest against any of His Majesties Royal Commands and it was desired it might be explained By just Commands or Commands according to Law My Lord did then tell them they were not to expect any other Commands from His Majesty the Oath was for no
being satisfied with what was formerly offered spared his Examination And Mr. Whitlock observed That they did produce these Witnesses the rather because my Lord of Strafford sayes in his Answer they willingly came to Dublin and were Suitors for the Oath Whereas my Lord sent for them when they were there my Lord perswaded them threatned them contrived the Oath himself altered the Petition appointed who should draw it which disproves what is in his Answer alleadged To prove That because diverse of the Scotish Nation were tender and loth to take the Oath or submit to all the Commands of my Lord of Strafford though they would to the Kings they fled the Kingdom and left their Estates Sir Iohn Clottworthy being examined to that particular Answered That he could speak to this particular clearly to his own Knowledge for then my Lord was pleased to insert him as a Commissioner in the said Commission and he was there sometimes and beheld the Execution of it He did likewise see the Multitude when the Oath was generally prest on several Commands from my Lord Deputy to enforce it did leave their Dwellings and Habitations their Corn on the Ground and their Cattle and fled away but whether into Scotland or no he could not precisely say but so it was reported but that Multitudes went away he knew to be certainly true Being Interrogated Whether my Lord of Strafford did by his Instructions deny liberty to the parties to whom it was tendered to peruse the Oath He Answered That he cannot precisely charge himself with it for the Instructions are out of the way but that was as he verily remembers part of the Instructions That they should have the Oath Read over to them but no Copies delivered to them at all Being Asked on my Lord of Straffords motion Whether the Commission and Instructions were not under the hand of the Council as well as himself He Answered That he never saw a Commission under the hand of the Deputy or Council but under the Seal but the Instructions were under the hand of Deputy and Council And Mr. Whitlock observed That my Lord of Strafford drew in the rest to himself Mr. Whitlock then proceeded to the matter of the Sentence against Stuart and Gray who were Imprisoned Fined five times more than the value of their Estates deteined in Prison a very long time very hardly and cruelly used and on this Sentence were the words spoken by my Lord of Strafford which showes his Rancour to the Scotch Nation Richard Salmon Sworn and Interrogated What he knew concerning the Sentencing of Stuart his Wife and Daughters and Gray in Ireland He Answered That on the 10 th of October 1639 after the Kings Attorney Sir George Ratcliffe and many other Lords and Noblemen had given their Sentence concerning this Oath many of them pleading to make it High-Treason and that it was a merciful proceeding against Mr. Stuart his Wife and two Daughters and Gray in that Court My Lord Primate came to shew that if it had been against the first part of the Oath to deny Allegiance and Supremacy to His Majesty it had been so but being against the second part they were to be Judged in that Court My Lord of Strafford told my Lord Primate he was mistaken and that the Bishop of Derry had said well in that they would not Abjure all other Oathes Bonds Covenants whatsoever it was as palpable High-Treason as if it were against the first part of the Oath Thereupon my Lord said These people are mad and I know not how to express my self without going beyond my self they have almost made me lose my self But sayes he Mr. Sâ—t now you have heard my Lord Primate thus much What can you speak for your self Mr. Stuart Answered He was willing to take the first part of the Oath but in that the Oath seemed to bind them not onely in point of Allegiance and Supremacy but likewise in point of Ecclesiastical Duties therefore he durst not take it My Lord told him again he the said Mr. Stuart was not mistaken but had judged right the Oath was not only intended to bind them to Allegiance and Supremacy for that they had other Oaths but likewise to be obedient to the Ecclesiastical Ceremonies of the Church either established or that should be established by His Majesties Royal Command and that whosoever would be obedient to the Ecclesiastical Orders of the Church he would lay his hand under their feet to do them good but whosoever would resist he would prosecute them to the Blood Being Asked on the Earl of Clares motion Whether he be a Minister He Answered That he had Taught School in Dublin but hath not taken Orders Being Asked What other Orders my Lord of Strafford let fall concerning the Scotish Nation being Rebels He Answered He remembers my Lord said They had caused him to forget himself He said also That they were Traitors and Rebels and that if His Majesty would honor him so much as to send him back again he would eradicate root and branch even all of that Nation out of the Kingdom of Ireland saving such Lords and others that had taken the Oath Being Asked What Fines were Imposed on Stuart and the rest He Answered To the best of his Remembrance it was 5000 l. on him 5000 l. on his Wife 3000 l. a piece on his two Daughters and 3000 l. on Iames Gray Being Asked Whether they were worth these Sums He Answered That it is not known to him but he conceives Gray was not worth a hundred pound for he lived on the Maintenance of Mr Stuart in the Prison And he knows not whether they paid any thing of the Fine or no. But Mr. Whitlock observed That Stuart was fain to sell his Estate to pay his Fine Iohn Loftus being Sworn and Interrogated Whether he was present at the Sentence against Mr. Stuart and the rest And what it was He Answered He was in Dublin when Mr. Stuart his Wife and two Daughters and Iames Gray were brought by the Sergeant at Armes from their House to Dublin where they remained Prisoners in his Custody and were thence carry'd one by one to Mr. Attorney and Sworn by him and after their Examinations taken were called to the Court of Star-Chamber and proceeded against Ore tenus At which hearing he the Deponent was And after the rest of the Lords had delivered their Opinions he heard my Lord Deputy deliver his likewise and his in substance was He consented in fine to that the Lords had laid before viz. 5000 l. on Stuart 5000 l. on his Wife 2000 l. a piece on his Daughters and 2000 l. on Gray and my Lord exprest himself That he wanted termes to set forth the heinousness of this Cause and that he was to leave his Sword but if it pleased His Majesty to return him thither again he hoped to have such as would not Conform themselves to the discipline of the Church
in due obedience they are bound and obliged to be So it was not Caeca obedientia Sir Iames sayes That he the Earl of Strafford did administer the Oath This one single Testimony but to tell their Lordships plainly the truth he confesses he did give that Oath being not only obliged by the Council but they directing him and that the Petition was not got forcibly from them it appears evidently for there is nothing against it Sir Iohn Clotworthy sayes That on this Oath administred great multitudes went away but he names not one of that multitude and if they did go who could help it If they would go away rather than give such a pledge of their Allegiance he should have been loth to have restrained them to make them stay against their Wills For the Instructions that went with the Commissions Sir Iohn Clotworthy very truly says they were under the hands of himself and all the Council but what these Instructions were he cannot expresly say and that under favour he conceives is no witness and so is no Charge on him But to express his rancor against the Scotish Nation next come the words proved by Richard Salmon the Schoolmaster and he swears positively and directly that he my Lord of Strafford spake these words the 10 th of October 1639. The plain truth is that he the Earl of Strafford was come into England in September before and if that man shall notwithstanding undertake positively to swear that individual day he is less to be credited The said time of his coming into England was confirmed by two Witnesses Mr. Thomas Little being upon my Lord of Straffords motion asked about the time of my Lord of Straffords coming from Ireland He Answered That my Lord Lieutenant came from Ireland Thursday 12 Sept. 1639. and landed the next day and came to London 21 Sept 1639. Mr. Ralton being examined to the same point Answered He very well remembred my Lord came to London 21 Sept. 1639. For the words themselves That the Scotch Nation are Rebels and Traitors and that he will root them out Root and Branch the Witness is a single Testimony their Lordships see how true he is in the first part of it and he is equally true in the second The other Testimony is one Iohn Loftus and he sayes my Lord of Strafford wanted terms to express the heinousness of that offence and he hoped to have such of the Scotch Nation as would not submit to the Ecclesiastical Government rooted out Stock and Branch from that Kingdom And this said my Lord is quite another thing and no way agreeing with the former but nearer the truth and far from rooting out the Scotch Nation for there are but few that submit not to the English Church-Government So there is left only one single Testimony of the Schoolmaster that hath not learned his Lesson perfectly but is taken tardy as if he were a Scholar and the other makes it quite another business And as they have offered these things and have not proved them by more than one single testimony and he a very infirm one He my Lord of Strafford besought their Lordships that he might call for a Witness or two that were there and heard all that passed Sir Philip Manwaring my Lord said was a Judge of the Court and nearer him than the Witness and likely to hear more distinctly Sir Philip being asked what the words were and of what nature they were whether they were not restrained to the Faction of the Covenanters and them that would not take the Oath in Ireland and not the Nation it self He Answered That he was present that day and sate within the Court and within hearing so that he heard every word that fell from my Lord Deputy it is true his Speech there was very long but he shall repeat no more of it than that he conceives pertinent to the present occasion that is Whether he should say these words Against the whole Nation or speak only to the Faction and properly and pertinently shun the word Nation It was on the occasion of Mr. Stuart who stood at the Bar with his Wife and Daughters and Gray My Lord telling him he was sorry that bearing the name he did he should be the only man that carried himself with that disobedience and my Lord expatiated very much and in conclusion said That Scotish Nation with respect I speak of it for I know there be among them gallant and worthy persons and I have great experience of them and of the Loyalty and Faith they bear to their Sovereign but there is a Faction amongst them which I shall endeavour as near as I can to bring to that obedience at least to keep them that are within this Kingdom to that Obedience Loyalty and Duty that Subjects ought to bear Being asked Whether my Lord did not express himself at that time that he would not take on him to judge any thing of the Action in Scotland not knowing the Law of that Kingdom but such of that Nation as are here in Ireland if they will not submit to the Government of Ireland he will do the best he can they shall not stay here He Answered That it is very true my Lord Deputy did at that time speak to that purpose as near as he can remember in truth viz. That he did not know the Laws nor Customs of that Kingdom therefore would say nothing to them but for so much as concern'd the Kingdom of Ireland and the keeping of the King's Subjects in Loyalty and Obedience there he would do his best to preserve that Being asked on Mr. Glyn's motion whether he heard these words Root and Branch or Stock and Branch He Answered In truth he did not Robert Lord Dillon being asked to the words spoken by my Lord of Strafford in the Castle-Chamber at the Sentence and how he expressed him-himself concerning the Nation of Scotland He Answered That he confesses it hath been his custom and it may be it is an ill one never to mind words spoken in the place unless he supposes he shall be called to account for them he remembers my Lord spake of the refusing of the Oath and of some rigor to them that should refuse it but for particular words he members not Sir Adam Loftus being asked what he heard of these words He Answered That he was at the Censure but truly he cannot burden his memory with any the words that tend to this question It was a great while agoe and he little thought they should come to any recapitulation of them and in truth he doth not remember them Being asked whether Stuarts Sentence was not given by the unanimous Vote of the whole Council He Answered Indeed he believes it was Sir Philip Manwaring being asked what he heard the Master of the Rolls say that day He Answered That coming from the Castle-Chamber waiting on my Lord Deputy to the Castle where many Dined and all that
power higher and above the Law He would frame a new Law and for not observing that a new Punishment too He sayes There is nothing of the Ecclesiastical Discipline in the Oath but the Witnesses expresse it that my Lord interpreted it to extend to the observation of the Ceremonies and Government of the Church established and to be established His denial to speak the words That he would root out the Scotch Nation doth not disprove that which is so clearly and strongly proved by two Witnesses He sayes He should be Frantick if he should speak such words but one of the Witnesses said He exprest himself to be transported and that he knew not what he said in that Sentence He sayes He never received wrong from that Nation but Curtesies then those words show the more Ingratitude He says Sir Iames Mountgomery speaks nothing that sticks on him It is true he speaks only to the Contravening of the Oath but he shows that to be expresly otherwise then in my Lords Answer He confesses he gave the Oath but whether he did or no his Authority Injoyning of it would have been all one He says Sir Iames Mountgomery desired the words Iust and Lawful Commands might be added and that my Lord expounded it No other were intended But then there was the less reason to deny the inserting some of them for their sakes that were tender and desired to have them put in for their satisfaction He sayes That Sir Iohn Clotworthy deposes That Multitudes of the Scotch Nation went away but he names none But if Sir Iohn be Asked he will give very good satisfaction Sir Iohn Clotworthy being Asked to that Point He Answered That he might easily amongst so great a Multitude Remember so few names and when he heard my Lord of Straffords Exception Multitudes did throng in upon him whereof he did now particularly name about six and said He could name a great many more Being Asked concerning the Execution of Trueman as a Traytor for the matter of Knockfergus He Answered That he was at Knockfergus at the Assizes when this Trial was concerning this Trueman and was then on the Bench and heard all the passages of the business whereof he made this brief Relation as followeth This Trueman was an Englishman that dwelt not far from Knockfergus and one that was sent about the Country but by whom Sir John could not tell but there were vehement Suspitions that he was Imployed to find out those that would engage in Discourse concerning the Scotch business he spake with one Captain Giles who feigned himself a great Friend of the Scotch Nation and said That he conceived they were greatly distressed and wished that he could use means whereby they might be eased Hence he discoursed with True-man who was but a silly Man and got from him words whereby he discovered a good will to the Scotch Nation and some discourse about the Castle of Knockfergus insomuch that he got Truemans Letter to recommend him into Scotland whether he pretended a desire to go to serve under that Command Upon this he produced the Letter and that was given in Evidence against him and so he was Condemned and Executed Mr. Whitlock proceeded and said My Lord alledgeth for his Justification another Oath enjoyned here to the Scots by the Authority of the Council-Board but this gives no Countenance to that in Ireland for the Oath enjoyn'd there was another after that enjoyned by my Lord of Strafford therefore that which came first can receive no colour from that which came last And the Oath here being the same as near as we can remember with that in Ireland was rather a Precedent for this Howsoever the Committee never heard that the Oath here was executed or enjoyned to any Though Richard Salmon was mistaken in point of time of speaking those words of the Scotch Nation at the Sentence yet he speaks to the substance and matter of the Sentence and Words and it was when my Lord of Strafford was in Ireland and though the name of the Month be mistaken it cannot weaken his Testimony and my Lord of Strafford confesses he was at the Sentence and the day before he came to England And with him concurs Loftus though not in Words yet in Substance My Lord produced Witnesses concerning these words Sir Philip Manwaring affirms my Lord said He was very sorry Stuart should be the only Man yet it is proved that diverse were brought to Dublin and Imprisoned there and many hundreds forsook the Kingdom and left their Estates therefore he could not be the onely man But though he and the rest remember not the words yet if the Witnesses produced do precisely remember them the forgetfulness of my Lord of Straffords Witness shall not at all Impeach the other So the Committee concluded thus That it stands clear that my Lord of Strafford hath assumed a power to himself above Law to Administer an Oath contrary to Law a new Oath to bind Mens Consciences with great severity He said formerly He would make an Act of State equal to an Act of Parliament and nothing can make an Oath but an Act of Parliament in this therefore he is as good as his word This is an assuming of a Power above Royal-Power for an Act of Parliament cannot be made without the Three Estates their Lordships and the Commons are Interested in it for this is not Penes Potestatem ministri Mr. Maynard added That some Exceptions had been taken against Sir Iames Mountgomery viz. That he was scrupulous to the Petition but not to the Oath My Lord of Strafford takes a Power to Administer an Oath It is hard to lay such Bonds on any but to put it on general and ambiguous words is much harder And how far that may intrench on any Man if for refusing such an Oath he shall be Sentenced in the Star-Chamber more then he is ever able to pay and more than my Lord of Strafford confesses he would expect payment of this is so transcendent an Incroachment that there cannot be a greater for it takes away Liberty of Conscience and endangers the whole Estate And the Kings Letter doth not justifie the proceeding at all for had my Lord persued that and gone no farther there had been no Complaint for His Majesty enjoyned him to take an Oath that might distinguish one from another but doth not enjoyn to punish them that refused it the Grievance is the Coertion of it and so under favour It is no Justification Mr. Stroude added That my Lord of Strafford at the end of his Speech said If this were Treason and the Occasion offered he would be ready to do it again And Mr. Stroude said He must confess he doth believe him and this makes him consider a heavy thing that once befel this Kingdom When Gaveston came to over-act his bold offences how heavy that befel the Kingdom he leaves to their Lordships Consideration My Lord of Strafford desired to
and Recusants prefer another Petition but it was when the Gentlemen of the Countrey were gone and so there was no consent of the Countrey The other thing he pretends is That the Lords of the great Council had consented to that Imposition which we say is not true there was no such Consent or Direction yet this he said both in the Countrey and in his Answer and their Lordships best know that the Lords of the Great Council did not give that direction The first thing offered was the Petition first intended which Sir Hugh Cholmley and Sir Philip Stapleton affirming on oath to be the true Petition their Hands being to it amongst others was read being in effect The Humble Petition of the Gentlemen of the County YORK WHEREAS Your Majesty imparted to us the danger by the incursions of the Scots and the necessity of continuing the Trained-Bands of this County in entertainment for two Months and raising Money so long and did Royally assure us That the Wardships of such as dyed in this Imployment should be freed and one third part of the Trained-Bands should be abated for which we acknowledge our bounden thankfulness in ready obedience of Your Majesties Command we have represented to Your Majesty our present Condition and in the entrance of the business we found a great impediment and discouragement by certain Warrants produced for levying Money towards this new service wherein in the first place we cannot omit to let your Majesty know the great grief we have in that the County is there charged with disaffection and backwardness therein which as we are confident we never were guilty of so we were in good hope your Majesty had received no such Impression of us And in the next place we find our selves much grieved that the execution of such Warrants which we conceive illegal should be concluded and urged on peril of life notwithstanding the strictness of which Warrants we find divers parts of the County have not been able to pay the Money demanded and from thence and the attestation of divers Gentlemen we are assured the scarcity of Money is such that it is diabled from satisfying your expectation therein And that Your Majesty may know it is no pretence but a real poverty we are bold to represent the Charges viz. of Ship-Money Vast expences the last year in Military affairs The Billeting and Insolency of Soldiers this Summer part of the time on the credit of the County Decay of Trade Stop of Markets Charge of Carriages especially in Harvest by which means not only the common people but most of the Gentry by the failing of Rents are much impoverished And therefore we petition Your Majesty You will accept our endeavour to prevail with the Countrey to raise so much Money as will pay the County one whole month from their first rising within which time as is generally reported Your Majesty hath Commanded the attendance of the Peers to consult for the safety of the Kingdom and pray the Trained-Bands may be continued in the Villages where they are Quartered except Your occasions otherwise require it and in the interim for the redress of these Grievances and security of Your Kingdom Your Majesty will please to Declare Your Pleasure for summoning the High Court of Parliament c. To prove that my Lord of Strafford refused to deliver this Petition and that another was framed to which the Countrey consented not Sir Hugh Cholmley was Sworn and Interrogated whether this Petition was shewed my Lord of Strafford and whether he was not unwilling to deliver it and why He Answered That this Petition was shewed to my Lord of Strafford in the name of the Gentlemen that had subscribed it and it was delivered to him by my Lord Wharton and of those Gentlemen that subscribed their Hands many were gone out of Town and desired that those that staid in Town might attend my Lord Wharton and intreat him to deliver it to my Lord of Strafford and when it was delivered my Lord of Strafford took only exception at least he the Examinant is sure that was the chief exception because they petitioned for a Parliament and said that leaving out that Clause he would joyn with him in the Petition Being asked what he knew of another Petition framed afterwards He Answered That at that time no other Petition was framed by the Gentry of the Countrey this Petition being rejected for my Lord of Strafford went and delivered some message to the King he thinks for the maintaining of the Trained-Bands a month and many of them that did subscribe to the Petition not consenting to it met together intending to make a Petition and Protestation against it and did so intending to deliver it to His Majesty but it was not delivered Being asked what Moneys were levied by whose Warrants and for what time He Answered That he can say nothing to the levying of Money but in general he thinks Money was levied Sir Henry Cholmley Sworn and Interrogated what my Lord of Strafford said concerning Money He Answered That he had the Honor to be one of the Colonels of the Trained-Bands and received Command from my Lord of Strafford being Lieutenant-General of the Army to give account in what state his the Examinants Regiment stood of what strength it was and how provided of Money That he repaired to his Lordship and told him That notwithstanding the Warrants sent out they came not to him and unless he had Money shortly the Regiment would disband That his Lordship answered him he would send a Levy on the Goods of those that refused Being asked on my Lord of Straffords motion whether he did so send He Answered No that he knows of Sir Iohn Hotham Sworn and Interrogated what he knew touching the Petition and my Lord of Straffords rejecting it He Answered That concerning the Petition it is true that being to meet together in the afternoon at the Common Hall they did first consult what to represent to my Lord. But when they came there my Lord refused and made doubt of delivering the Petition unless they would put out the clause concerning the Parliament and some thought it fit to preferr it without it Some of the Gentlemen that had petitioned went out and delivered in something to the King but what it was he knows not And for levying of the Money he can say nothing to it Warrants were sent out by the Vice-President but how far my Lord was interested in it he can say nothing at all Sir Philip Stapleton Sworn and Interrogated as to the delivering of the Petition He Answered that for the Petition he can say his Countrey-men being sent for to York by the King and intimation given that they should keep their Trained-Bands for two months they desired time to give an answer which was allowed them as they desired till the next day They met that night and though my Lord-Lieutenant desired to meet with them they met first
the Warrant is to pay the Money Assessed and if they will not they shall attend so that what is matter of service is turned out of its Course and this is a high abuse of his power which makes that matter of Money which should be matter of Service and by this meanes awes men to pay money The Country on demand of His Majesty did consent to a Moneths pay but my Lord without their consent extends it beyond and pretends an Order to say no more of it when there was no such thing to draw some Deputy-Lieutenants together and when they are drawn to make an Order this must be his Justification of that which is unduely done And this is far from the mitigation of an Offence To do an unjust Act is one thing but it is a great aggravation when it is drawn by pretence of an authority which never was On 27 October the self same day Sir Iohn Burroughs spake of notice taken by their Lordships disclayming the Order for a Warrant And then my Lord acknowledged it to be an Error and it is doubtful whether he would have acknowleged it to be so if it had not been proved so My Lords Commission speaks not of Money and the Statute makes not to this Case it being only That when men are on their Allegiance doing the King faithful service they should not be attainted of High-Treason for doing their duty And the Interpretation his Lordship puts on it is that the duty of the Subject cannot be done to the King without levying money in an unlawful way if the levying of Money or the Imposing of Charges be matter of duty then he gives a Justification of the Charge And whereas he sayes though he had not had command from His Majesty nor Order from the Council of Peers he had power enough to do that which he did it is to be observed that my Lord did not require men first to serve but first to pay money and if they paid not then he Menaces them that they should serve as appears by Sir William Pennymans Warrant and therefore the Warrant might be observed which Sir William Pennyman justifies so unwillingly though in other things he be very forward and for a man to be required to pay Money and if he will not pay it then to perform service is hard for now he comes not on the Kings service but on the displeasure of them that require Money from him and that 's a bad discouragement to them that serve And whereas my Lord sayes nothing is proved or but by single proof their Lordships may be pleased to remember what is proved by Sir Henry Griffin That my Lord said That Money should be levied and he would take a course for it and the same Gentlemen deposes that the Warrant or Order was under my Lord Straffords hand which was the Warrant for them to pay Money It is likewise proved by Sir William Ingram that he said the private men must maintain after 1 d. per day and gave out his Command to the Constables and he would have all men know that those that refused it were in a little better condition than High Treason so that to the first part there is more than a single Testimony The latter part shall be proved by an other Mr. Henry Cholmley being Interrogated What he heard my Lord of Strafford speak concerning Treason in case men pay not that Money or to that effect He Answered That he heard not any thing at all of Treason Cconcerning the not payment Answered That at York at the Mannor-House my Lord of Strafford speaking of the raising of the Trained-Bands said we are all by Law tyed to serve the King in our own persons and if any refuse they are in little better case than Treason he cannot tell whether he said High Treason and they might be severely punished in the Star-Chamhamber And their Lordships may remember Mr. Cholmeleys former Testimony that the Vice-President might or shall send forth Warrants to levy Money And therefore these Gentlemens Testimonies stand without impeachment of that point My Lord sayes Moneys were not levyed by force yet it was proved that for these two Regiments Money was levyed by force for Four Soldiers came to the Town and went with the Constables But he sayes it concerns not him for no Warrant of his was shown Their Lordships will not expect that my Lord of Strafford should give particular Warrants to every Officer his Direction is proved in general his Commands are conveyed and distributed by particular Ministers The Captains look for Commands from them that are above them and they from the Lieutenant-General And Sir William Pennyman conceives the Warrant made out by the Vice-President was by a Warrant from my Lord of Strafford or he had my Lord of Straffords Command So that take that which is under Hand and Seal take what Sir William Pennyman take what Mr. Cholmeley hath spoken it cannot be otherwise but it was done by my Lord of Straffords Command and that is sure without legal Authority and so Mr. Maynard conceived they had made a full proof of this Article For that which concernes the Great Council he desired my Lords Answer might be read where he sayes expresly It was done by order of the Lords of the Great Council And Mr. Maynard humbly prayed that some of the Lords of the Great Council might declare the Truth in that Case But my Lord of Strafford Answered That he confessed it here at the Barr that it is so and must humbly put their Lordships in mind that in his Answer he prayes if any thing be mistaken he may have time to amend it and he doth amend it he confesses it was put in too strongly Mr. Glyn added That they put their Lordships in mind of it that it may not be forgotten After his Lordship was put in mind of it by the Lords of the Great Council he retracts it yet when he comes to Answer he affirms it therefore they think it necessary to put their Lordships in mind of it least he affirm it again Mr. Whitlock observed That my Lord of Strafford had made Justification of his Act here and truely the opinions which he hath here published and declared in the face of the Parliament are sufficient grounds of Condemnation of him He said the other day That in case of necessity the King was loose and absolved from all Rules of Government and that then Money might be levied by Force and that their Lordships very well remembers what that necessity was indeed no necessity at all But whatsoever the necessity is they know no such Tenent as my Lord of Strafford publishes But it is expresly against the Fundamental Lawes of the Kingdom and a meer Course for his bringing in an Arbitrary Power His Lordship said That as he stood qualified he might justifie as much as he hath done Which words are little less than the offence wherewith he is charged
that have been by Precedent Deputies taken away I am likewise Charged to have drawn to my self a Dependence of the Irish Army Eight Thousand all Papists and likewise to have miscarried my self in a Commission intrusted with me before my going into Ireland concerning Compositions for Recusants This is a very heavy and grievous Charge and hath raised a great deal of Ill Opinion against me in the World to be a Fafourer and Contriver with Papists and I know not whom against the Religion I profess a Greater and Fouler Crime there cannot be against God or Man and yet this goes in Print all over the World and when it comes to the Point here is no Proof nor any part of the Charge made good And therefore since it is not made good by the Charge I humbly desire I may be vindicated in your Lordships Noble Opinions and the Opinions of all that hear me that I am in my Religion what I ought to be and that which I will Dye in and Maintain against all the World And I am so far from Contriving any thing to the hinderance of it that if God give me life I will serve it and prevent any inconvenience to it and my Religion and Duty to God is so Dear and precious to me that there is nothing in this World but I shall lay it down as Straw and Stubble under my feet and trample upon it rather then in any kind forfeit that but in the mean time I suffer and must be content My Lords The next is the 19th Article and that was for framing a New and Unusual Oath which the Scots did take in Ireland to give Pledges of their Allegiance to the King I have shewed you for that that the Oath was framed by the Kings express Command in Ianuary before the Oath was given which was I think in May. And I did then humbly conceive it lawful for me so to do being onely to take from them a Pledge of their Allegiance to the King I confess I conceived such an Oath might have been lawfully Administred to the People and shewed that the same Oath was Administred here in England to those of that Nation I shewed that it was taken in Ireland voluntarily And I humbly represent to your Lordships the time when this Oath was required when the King and both the Armies were in the Field lodged not far from one another And whereas it is said it should oblige the Clergy in Ecclesiastical Matters if your Lordships call to mind the very Oath it self cleares that Point requiring onely a Temporal Obedience and Allegiance in a time of that Danger and Distraction given by the Kings own Command and to no other purpose And my Lords the Proofes are nothing at all on the matter Sir Iames Mountgomery tells you a Tale not much Material nor Mr. Maxwell nor Sir Iohn Clotworthy there is nothing at all in it concerning Treason Stewarts Sentence remains onely to be Answered in this Article for that I conceive it was Justly and Fairly given as I then conceived I was one of the rest and nothing was intended by that Decree but his Reformation and when he had pleased to have taken the Oath he might have been released of the Sentence and sent home again quietly The next is the 20th Article Wherein I am Charged to be a Provoker and Incendiary of a War against His Majesties Subjects of the Scotch Nation and that I should say of them They were Rebels and Traitors and being about to come into England that I should say I would root out of the Kingdom the Scotish Nation Root and Branch My Lords I shall need no more to say in this for my being an Incendiary I think by the Proofe it hath been clearly made appear to your Lordships that I gave no Opinion but such as others did in the like Case It is proved by my Lord Traquair and my Lord Treasurer and might have been proved by many more if it had been needful For the Words that I should say The Rooting out the Scots Root and Branch They are onely testify'd by one single Witness Salmon the School-Master Swears it and no man else but he and I hope my Lords that when your Lordships do call to mind how he is Crost by his Fellow Witness Iohn Loftus your Lordships will be satisfied he Swears I will persecute them to the Blood and Root them out Root and Branch and I cannot tell what But Iohn Loftus said indeed that I said I hope that such of the Scotish Nation as would not submit to the Ecclesiastical Government I would root out stock and branch a wonderful difference between these two But my Lords it was testified by Mr. Secretary Manwaring then present that I neither spoke the one nor the other but as in my Answer I did truely and faithfully deliver it I said that unless they would take that Oath of Allegiance and secure the King of their Allegiance in that point I hope I should not see any of them stay in that Kingdom that refused it and there is no Proofe in the World but the School-Master and I hope your Lordships will not take him to be a good and valid proof to convince me in this Case being a person of no greater Quality and crossed by his fellow Witness For my self I do absolutely say I was so far from wishing ill to that Nation or any Dissension or Division between them that I never desired other in my heart and soul but a firm Peace through the Kings Dominions My Counsels tended to that and if I might seem to begin in a contrary way yet the last resort was to bring all to quietness and so that it should be without Blood And I dare say there be them that heard me say it many a time in the Kings Council That the King should be in nothing so much sparing and tender as to draw any Blood in that Quarrel I dare say many that heard it will Justifie me in it And if your Lordships will give me leave I do think I have something that might procure your Lordships beliefe that it was so for at that time my Fortune though now by Misfortune it be mean enough was such as I needed not desire to shuffle the Cards and deale a new and especially when nothing was to be got but Blows and that I trust will be an Argument to your Lordships that nothing was desired by me so much as Peace and that under Gods goodness and the Protection and Benefit of His Majesties Scepter I might enjoy the little Estate my Ancestors left me for it is certainly true whatever the World may think to the contrary it is very little better from what my Father left me something it is and the most part of the Improvement of it was before I came to serve the King and yet I have had more from the King then I deserved in all kinds and all the whole service of my Life were it
these now there remains that other Second Treason that I should be guilty of endeavouring to Subvert the Fundamental Lawes of the Land in the first of those Seven Articles My Lords That those should now be Treason together that are not Treason in any one part and Accumulatively to come upon me in that kind and where one will not do it of it self yet woven up with others it shall do it Under favour my Lords I do not conceive that there is either Statute-Law or Common-Law that hath declared this endeavouring to Subvert the Fundamental Lawes to be High Treason I say neither Statute-Law nor Common-Law Written that I could hear of and I have been as diligent to enquire of it as I could be And your Lordships will believe I had reason so to do And sure it is a very hard thing I should here be question'd for my Life and Honor upon a Law that is not Extant that Cannot be Shewed There is a Rule that I have read out of my Lord Cook Non apparentibus non existentibus eadem est Ratio Iesu My Lords Where hath this Fire lay'n all this while so many hundred years together that no Smoak should appear till it burst out now to consume me and my Children Hard it is and extream hard in my Opinion that a Punishment should Precede the Promulgation of a Law that I should be Punished by a Law Subsequent to the Act done I most humbly beseech your Lordships take that into Consideration for certainly it were better a great deale to live under no Law but the Will of Man and Conform our selves in Humane Wisdom as well as we could and to Comply with that Will then to live under the Protection of a Law as we think and then a Law should be made to punish us for a Crime precedent to the Law then I conceive no Man living could be safe if that should be admitted My Lords it is hard in another respect that there should be no Tokens set upon this Offence by which we may know it no manner of Token given no Admonition by which we might be aware of it If I pass down the Thames in a Boat and run and Split my self upon an Anchor if there be not a Buoy to give me warning the Party shall give me Damages but if it be Marked out then it is at my own peril Now my Lords Where is the Mark set upon this Crime Where is the Token by which I should discover if it be not Marked if it lie under-Water and not above there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly Let us then lay aside all that is Humane Wisdom let us rely onely upon Divine Revelation for certainly nothing else can preserve us if you will Condemn us before you tell us where the Fault is that we may avoid it My Lords may your Lordships be pleased to have that regard to the Peerage of England as never to suffer your selves to be put upon those Moot-points upon such Constructions and Interpretations and Strictness of Law as these are when the Law is not clear nor known If there must be a Tryal of Wits I do most humbly beseech your Lordships to consider that the Subject may be of something else then of your Lives and your Honors My Lords We find that in the Primitive time on the Sound and Plain Doctrine of the blessed Apostles they brought in their Books of Curious Art and burnt them My Lords it will be likewise under favour as I humbly conceive Wisdom and Providence in your Lordships for your selves and posterities for the whole Kingdom to cast from you into the Fire those Bloody and Misterious Volumes of Constructive and Arbitrary Treasons and to betake your selves to the Plain Letter of the Statute that tells you where the Crime is that so you may avoid it and let us not my Lords be ambitious to be more Learned in those Killing Arts then our Fore-fathers were before us My Lords It is now full Two hundred and forty years since any Man ever was Touch'd to this Height upon this Crime before my self We have lived my Lords happily to our selves at Home we have lived Gloriously Abroad to the World let us be content with that which our Fathers left us and let us not awake those Sleepy Lyons to our own Destruction by Ratling up of a Company of Records that have lay'n for so many Ages by the Wall Forgotten or Neglected My Lords There is this that troubles me extreamly least it should be my Misfortune to all the rest for my other Sins not for my Treasons that my Precedent should be of that Disadvantage as this will be I fear in the Consequence of it upon the Whole KINGDOM My Lords I beseech you therefore that you will be pleased seriously to consider it and let my particular Case be so looked upon as that you do not through me Wound the Interest of the Common-Wealth For howsoever those Gentlemen at the Bar say They Speak for the Common-Wealth and they believe so yet under favour in this particular I believe I Speak for the Common-Wealth too and that the Inconveniencies and Miseries that will follow upon this will be such as it will come within a few years to that which is exprest in the Statute of Henry the Fourth it will be of such a Condition that no Man shall know what to do or what to say Do not my Lords put greater Difficulty upon the Ministers of State then that with Chearfulness they may Serve the King and the State for if you will Examine them by every Grain or every little Weight it will be so heavy that the publick Affaires of the Kingdom will be left waste and no man will meddle with them that hath Wisdom and Honor and Fortune to lose My Lords I have now troubled your Lordships a great deal longer then I should have done were it not for the Interest of those PLEDGES that a Saint in Heaven left me I would be loth my Lords here his Weeping stopt him what I forfeit for my self it is nothing but I confess that my Indiscretion should Forfeit for them it wounds me very deeply You will be pleased to pardon my Infirmity something I should have said but I see I shall not be able and therefore I will leave it And now my Lords for my Self I thank God I have been by his Good Blessing towards me taught That the Afflictions of this present Life are not to be compared with that Eternal Weight of Glory that shall be Revealed for us hereafter And so my Lords even so with all Humility and with all Tranquility of Mind I do submit my self clearly and freely to your Judgments and whether that Righteous Judgment shall be to Life or to Death Te Deum Laudamus Te Dominum Confitemur THE SPEECH OR DECLARATION Of John Pym Esq MY LORDS MAny dayes have been spent in maintenance of the
very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this Prisoner having committed so many Treasons although he should pay all these Forfeitures will be still a Debtor to the Common-wealth nothing can be more equal then that he should perish by the Justice of that Law which he would have Subverted neither will this be a new way of Blood There are Marks enough to trace this Law to the very Original of this Kingdom and if it hath not been put in Execution as he alleadgeth this 240 years it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no whit less liable to punishment because he is the onely Man that in so long a time hath ventured upon such a Treason as this It belongs to the Charge of another to make it appear to your Lordships that the Crimes and Offences proved against the Earl of Strafford are High-Treason by the Lawes and Statutes of this Realme whose Learning and other Abilities are much better for that Service But for the time and manner of performing this we are to resort to the Direction of the House of Commons having in this which is already done dispatched all those Instructions which we have received and concerning further Proceedings for clearing all Questions and Objections in Law your Lordships will hear from the House of Commons in Convenient time THE ARGUMENT Of Mr. LANE The PRINCE'S ATTORNY-GENERAL On the Behalf of the Earl of STRAFFORD In Point of Law MY Lords I shall not at all touch the Matter of Law further than to clear your Judgments of one Statute only viz. 25 E. 3. because when the same was Alleadged by the Lord Strafford in his own Defence that not being Convict of the Letter thereof he could not be Convict of Treason Remember the Salvo of the Statute was much insisted upon by those from the House of Commons as much Conducing to their Ends. My Lords I will first speak of the Statute it self and then of it's Salvo or Provision The Statute is That if any Man shall Intend the Death of the King His Queen their Children kill the Chancellor or Judge upon the Bench Imbase the Kings Coyn or Counterfeit the Broad-Seal c. he shall be Convict and Punisht as a Traytor That the Lord Strafford comes not within the Letter of this Statute is not so much as once alleadged nor indeed it cannot be with any Reason All that can be said is That by Relation or by Argument a Minore ad Majus he may be drawn into it yet that this cannot be I humbly offer these Considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a Contradiction to themselves and be no more Declarative Laws but Lawes of Construction or Constitutive Secondly This is a Penal Law and such if our Grounds hitherto unquestion'd hold good can admit of no Constructions or Inferences for Penalties are to perswade the Keeping of Known Lawes not of Lawes Conjectural Ambiguous and by Consequence which perhaps the most Learned may not in their Disputes question much less the Subject who is not obliged to Interpret the Statute doubt of in the point of Obedience yea rather without any doubt he is rather to obey the Letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a Notable Law 13 Eliz. cap. 2. whereby it is declared That the Bringing in of Bulls from Rome to stir up the Subject to Mutiny and Rebellion shall be punished as Treason Now if by Interpretation or by Consequence this Sence might have been thrust upon the Preceding Statutes the making of this had been superfluous yea the Persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Anno 21 Edw. 3. We have a Statute declaring That for a Servant to Kill his Master is an Act of Treason and in the 23 th year of the same King a Process of Treason was framed against a Man for Killing his Father grounded upon the same Argument a Minore ad Majus But it was found and the Sentence is yet in Records that although in the 21 th year of Edward the Third that Argument might have been admitted yet in the 27 th it could not by Reason of the Declarative Law Intervening in the 25 th year and this Case comes very home to the Point in Law My Lords I will not demand What kind of Offence it may be for a Man to Subvert the Fundamental Laws of the Kingdom the Crime doubtless is Unnatural and Monstrous and the Punishment must keep the same Proportion only I Presume to Offer these few things to your Lordships Consideration 1. That one or more Acts of Injustice whether Malitiously or Ignorantly done can in no sence of Law be called The Subversion of the Fundamental Laws if so as many Judges perhaps so many Traytors 't is very Incident to Mans Nature to erre nor doth the Lord Strafford plead his Innocency in Oversights but in Treason 2. I do Remember the Case of Iohn de la Pole Duke of Suffolk this Man in the 28 th of Henry the Sixth was Charged by the House of Commons with Articles of Treason and those too very like to these against my Lord Strafford I. That he had given the King bad Advices II. That he had Embased His Coyn. III. That he had Sessed Men of War IV. That he had given out Summary Decrees V. That he had Imposed Taxes VI. That he had Corrupted the Fountain of Justice VII That he had perswaded the King to Unnecessary War and the giving over of Anjou in France And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after a long agitation the Matter was found by the Lords of the Parliament not to Imply Treason but only Felony Add to this another who in the 23 d of Henry the Eighth was Charged for subverting the English Laws and yet no Treason charg'd upon him Add to both the Charge of Richard Larkes Pleaded at the Common-Pleas who was Charged with Treason for Subverting the Law but Convicted onely of Felony By which you may see my Lords what to this time hath been Subverting the Lawes 3. It is very considerable That the Lord Strafford is not charged to have Subverted but onely to have Intended to Subvert the Fundamental Lawes and this I conceive if there were no more might keep him free from that Statute the 25 th of Edward the Third For although as touching the
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
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
Pate Esq Io. White Esq Rich. Moore Esq Rich. Reeves Esq Tho. Pewry Esq Will. Pewrifoy Esq Will. Spursâ—ow Esq Simon Snow Esq Rich. Ferris Esq Ed. Thomas Esq Serj. Wild. Humphrey Salway Esq Tho. Leeds Esq Will. Harrison Esq Gervis Clifton Will. Herbert Esq Iohn Woogan Esq Henry Brett Esq Iohn Trevanion Esq Walter Lloyd Esq Sir Rich. Leigh Sir Tho. Ingram Sir Ro. Crane Iohn Upton Esq Iohn Arundel Esq Iona. Rashly Esq Rich. Arundel Esq Iohn Woddon Esq Iohn Pearsival Esq Sir Will. Portman Theobald Gorge Esq Tho. Smith Esq Sir Martin Lister Sir Tho Cheâ—k Tho. Hayle Esq Anthony Beding field Esq Sir Tho Smith Ralph Ashton Esq Iohn Potts Esq Francis Rowse Esq Pierce Edcomb Esq Sir Walter Earl Sir Will. Masham Iohn Gourdon Esq Iohn Role Esq Tho. Arundel Esq Ioseph Iane Esq Sir Philip Parker Arthur Ainsâ—ow Esq Geo. Hartnal Esq Edw. Wingate Esq Robert Sicil Esq Sir William Litton Sir Iohn Iennings Sir Oliv Luke Sir An. Nichols Iohn Broxam Esq Iohn Allured Esq Geo. Buller Esq Iames Fines Esq Nich. Weston Esq Sir Beauchamp St. Iohn Sir Richard Ansâ—ow Sir Io. Corbet Sir Alex. Denton Sir Io. Parker Sir Ro. Parkhurst Sir Ambrose Brown Sir Sam. Owfield Sir Rich. Buller Alex. Carew Esq Sir Nath. Barnadiston Sir Harvy Baggott Simon Norton Esq Samson Evers Serj. at Law Philip Sidney Lord Lisle Iohn Alford Esq Sir Ch. Williams Rich. Herbert Esq Sir Edw. Alford Sir William Plaitor Francis Gamull Esq Sir Ioh. Stepney Sir Io. Brook Io. Fenwick Esq Will. Chadwell Esq Alex. Lutterell Esq Io. Burlace Esq Sir Io. Cook Tho. Cook Esq Tho. May Esq Sir Richard Lewison Iohn Griffith Esq Matthew Davis Esq Iohn Fettiplace Esq Geo. Loe Esq Rich. Edgcomb Esq Sir Ed. Redny Sir Arth. Haâ—welrig Sir Fran. Barnham Sir Tho. Gervis Ro. Wallop Esq Iames Rivers Esq Will. Haveningham Esq Will. Cawly Esq Iohn Button Esq Tho. Gervis Esq Sir Hen. Worsly Hen. Darly Esq Valentine Walton Esq Sam. Vassal Esq Hen. Campion Esq Io. Merrick Esq Herbert Price Esq Tho. Earle Esq Will. Marlet Esq Will. Drake Esq Sir Ed. Littleton Sir And. Ludlow Rich. Harman Esq Rich. Shettleworth Esq Sir Iohn Draidon Will. Ellis Esq Will. Thomas Esq Io. Pine Esq Will. Iepson Esq Iohn Hotham Esq Tho. Hodges Esq Tho. Moore Esq Godfrey Boswell Esq Antho. Staply Esq Io. Moyle Esq Will. Hay Esq Ferdinando Stanhop Esq Harbottle Grimston Esq Iohn Craven Esq Rob-Crooke Esq Edw. Philips Esq Rob. Reynolds Esq Sir Tho. Pelham Ben. Valentine Esq Sir Tho. Fanshaw Matthew Cradock Esq Lloyd Esq Sir Will. Dalson Sir Tho. Woodhouse Francis Godolphin Esq Framlingham Gaudy Esq Anthony Irby Esq Lord Wenman Iohn Lowry Esq Sir Tho. Danby Iohn Eveling Esq Long Esq George Parry Esq Will. Morgan Esq Walter Kirk Esq Sir Tho. Parker Grantham Esq Tailor Esq Iohn Trenchard Esq Rob. Sutton Esq Iohn Whistler Esq An. Hungerford Esq Tho. Eversfield Esq George Searl Esq Cha. Baldwin Esq Rich. Whitehead Esq Gerrard Napier Esq Hen. Garton Esq Mich. Noble Esq Serjeant Creswel Sir Iohn Holland Sir Will. Ogle Sir Charles Gross Sir Geo. Stonehouse Ro. Hurst Esq Will. Basset Esq Ralph Godwin Esq Ro. Nichols Esq Sir Er. Knowles Nathan Hollow Esq Ambros Mannaton Esq Ro. Walker Esq Sir Rich. Brown A Message was immediately sent to the Lords to acquaint them that the Commons had just cause and ground to suspect that there hath been and still is a secret practise to discontent the Army with the proceedings of the Parliament to ingage them in some design of dangerous consequence to the State and by some mischievous ways to prevent the happy success and conclusion of this Assembly and to desire their Lordships that a Select Committee might be appointed to take the Examinations upon Oath concerning this desperate Plot and Design in the presence of some of the Commons and to move His Majesty in the name of the Parliament that upon this great and weighty occasion no Servant of His Majesty the Queen or Prince may depart the Kingdom without leave of his Majesty with the Advice of His Parliament until they appear and be examined And the Commons immediately agreed upon a Letter to the Army and sent it away by an Express to assure them of the care the Parliament took to provide Moneys for them and did not doubt but the Army will give a fair testimony of their affections to the Parliament notwithstanding the evil deportments of some persons who have endeavoured to discontent them At the same time the Commons passed several Resolves in order to the security of the Nation viz. That strict enquiry be made what Papists Priests and Iesuits be now about the Town That the 1500 Barrels of Powder going to Portsmouth may be stayed That the Forces in Wiltshire and Hampshire be drawn towards Portsmouth And the Forces in Kent and Sussex towards Dover And they did declare that whosoever should give Counsel or Assistance or joyn any manner of way to bring any Forreign Force into the Kingdom unless it be by Command from His Majesty with consent of both Houses of Parliament shall be adjudged and reputed as publique Enemies to the King and Kingdoms These Resolves the Commons made known to the Lords for their concurrence and also desired them to move His Majesty for the stop of the Ports and that the Lord Admiral should place such Trusty Commanders in the Ships for the security of the Nation as they could confide in in all which the Lords did most readily concur The Commons did further communicate unto the Lords the Protestation which they had taken in their house desiring the Lords it might also be taken by every Member of their House It was sent to the House of Lords by Mr. Hollis who at the delivery thereof did amongst other passages express himself to this effect MY LORDS THe Knights Citizens and Burgesses of the House of Commons having taken into their serious Consideration the present State and Condition of this Kingdom they find it surrounded with variety of pernicious and destructive Designs Practises and Plots against the well being of it Nay the very Being of it and some of those designs hatched within our own Bowels and Viper-like working our own destruction They find Jesuits and Priests conspiring with ill Ministers of State to destroy our Religion they find ill Ministers conjoyned together to subvert the Laws and Liberties they find obstructions of Justice which is the Life and Blood of every State The Parliament of late years have been like the Fig-tree in the Gospel without Efficacy without Fruit commonly taken away as Elias was with a whirlwind never coming to any maturity The same ill Councils which first raised that storm and almost shipwrackt the Common-wealth do still continue they blow strong like the East wind that brought the Locusts over the Land Is it not time then my Lords that we should unite and concentrate our selves and defeat the Counsels of these Achitophels which would involve us
for the most part Papists tending to the subversion of the Fundamental Laws in England 517 Article XXIII read Wherein he is changed with Words That His Majesty having tryed the Parliament he was loose and absolved from all Rules of Government and was to do every thing that Power would admit c. 518 Article XXIV Read charging him that he declared that the Parliament had forsaken the King in denying to supply him and that the King was not to suffer himself to be mastered by the frowardness of the People 519 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 520 to 581 Article XXV read Charging the Earl that the Lord Mayor and Aldermen refusing to certify the Names of such Citizens as were able to lend Money he said they deserved to be put to Fine and Ransome and some of the Alderm hanged up 582 The Charge opened by Mr. Maynard 583 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 583 to 587 Article XXVI read Charging him that he did approve of two wicked Projects to seize upon the Bullion and Money in the Mint and embase His Majestys Coyn with a mixture of Brass c. 589 The Charge opened by Mr. Maynard 590 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply 590 to 597 c. Article XXVII read Wherein the Earl is charged that he did by his own Authority impose a Tax on His Majestys Subjects for the payment of the Soldiers and caused the same to be levied by force 600 The Article opened by Mr. Maynard 601 The Petition of the Gentry of York read as Evidence 602 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 603 to 627 More passages Interlocutory 629 to 632 Attainder see Act and Bill Bill brought in for continuance of the Parliament 743 Bill of Attainder and Bill for Continuance of the present Parliament passed the Lords House 755 Bill to be drawn up for the Pressing of Mariners 755 A. Bishop of Canterbury settles an inviolable friendship with the Earl 769 The Bishops decline giving their Suffrages in matters criminal 41 Bishops enabled in Ecclesiastical affairs by Warrant from the Earl of Strafford see Art 9. 236 Bishops Iudges c. sent for to attend the King at Whitehall the day before His Majesty consented to pass the Bill of Attainder 756 Bullion in the Mint to be seized see Art 26. 589 C. CLosets placed in Westminster-Hall whither the King Queen and Prince retired 41 Commissioners of Scotland to bring in their proofs against the Earl 18 Commissions granted to the Earl of Worcester and his Son for levying of Horses to be drawn into the Charge against the Earl of Strafford 19 Committee appointed to be present at the private Examination of Witnesses 6 Committee touching the Examination of Members named 14 15 16 A select Committee of both Houses appointed to meet at a Conference concerning the Trial of the Earl 33 Commons House approves of the Petition delivered by certain Peers to the King at York for the calling of a Parliament 6 Right of the Commons in the proceedings in the Lords House in Cases of Impeachment to be considered of by a Committee 21 The Commons to meet only as a Committee of the whole House at the Trial of the Earl and in the House constantly at two of the clock in the afternoon during the time of Trial 42 Names of the Members of the House of Commons who are desired to be present as Witnesses at the Trial of the Earl 44 Conference That all the Ports in Ireland be open 4. Conference about sending for Sir George Ratcliffe a Member of Parliament in Ireland 4 Conference about disbanding the new levied Irish Army 18 Conference to Sequester the Earl from his Offices 20 Conference as to place of Trial as to the persons present as to Conncil and management of the Evidence 34 to 37 Conference is desired with the Lords to know to what purpose the Earls Council should be heard 47 Council of the Earl concerning matters of Law to be to morrow heard in Westminster-Hall 47 In Criminal matters the Bishops decline giving their Suffrages 41. Interlocutory passages about admitting Sir Pierce Crosby to be examined 109 Customs Farmed for the Earls use see Art 10. 241 D. LOrd Digby goes up to the Lords to desire a free Conference concerning Articles against the Earl 9 His Speech to the House of Commons to the Bill of Attainder 50 Sir Kenelm Digby to be removed from Court 42 Lord Dillon's Case of Ireland to be reported by the Committee 19 E. LOrd Viscount Ely his Case in Ireland to be reported by the Committee 19 The Evidence against the Earl to be managed by a Committee of the House of Commons 32 Evidence offered by the House to the Committee to corroborate the latter part of the 23 Article 45 Evidence for the Earl to be recollected by him to morrow which done the managers are to state their Evidence 47 Examinations taken before the Lords to be delivered to the Commons appointed to draw up the Charge against the Earl 19 Examination of the Lord Primate of Ireland debated 44 Exceptions by the Earl and other unnecessary delays to be prevented 43 Exceptions taken by some Members to the Lord Digby's Speech 55 F. FIne and Ransome to be put upon those who refuse to lend Money see Art 25 582. Flax a great quantity thereof in the Earl of Straffords hands c. see Art 13. 416 Forces made use of to Levy Money see Art 25. 426 Forces in Wiltshire Hampshire Kent and Sussex be drawn towards Portsmouth and Dover 740 G. MR. Glyn's Reply 706 to 733 Gondamore an Agent from Spain a sower of Seeds of Distraction among us 765 Col. Goring his Examination 746 His Vindication by Vote of the House 755 H. EArl of Holland General of the Army 751 Lord Hollis his Speech to the Lords to promote the taking a Protestation 741 Hubub in the City that the House was beset and in danger I. IMpeachment against the Earl read 101 He is declared an Incendiary of the War with Scotland see Art 20. 515 The Introductive Speech of Mr. Pym as to the Preamble of the Earls Answer 102 to 109 Petitions and Complaints from Ireland there reported by Mr. Whistler 10 Irish Affairs to be considered of by a Committee of the whole House 1 Irish Remonstrance reported by Mr. Whistler 7 Irish Remonstrance read 11 12 13 New levied Irish Army a Conference about disbanding them 18 42 Irish Army consented by the King to be disbanded 756 Irish Army words spoken c. tending to the bringing the same into England 46 725 E. EArl of Kildare his Case of Ireland to be reported 19 The King declares the Ports in Ireland to be open 6. King Queen and Prince come to their private Closets placed in
Westminster-Hall during the Trial 41 King 's little finger heavier than the loins of the Law see Art 2. 149 King's Letter on behalf of the Earl 757 Sir Robert King a Member of Parliament in Ireland sent for as a Witness against the Earl 4. L. LEtter to Sir Jacob Ashley and Sir John Conyers to prevent a Design to engage the Army against the Parliament 745 Letter from the King to moderate the severity of the Law against the Earl 755 Letter from the Earl to his Secretary Slingsby before his death 774 Loftus Lord Chancellor made a close prisoner see Art 8. 221 Twelve Lords send to His Majesty to shew favour to his innocent Children 758 M. MAriners a Bill to be drawn to enable the pressing of them 755 Members of Parliament in Ireland sent for by the Commons 4 5 6. A Committee touching the Examination of Members of both Houses named 14 15 16 Members make a protestation of Secresie 16 Four Members viz. Mr. Selden Palmer Maynard and Whitlock added to the Committee for the Earl who made their Protestation of Secresie 32 Members appointed to view the place of Trials 39 Members desired by the Earls Petition to be heard as Witnesses 40 Some Members of the Lords House desired by the Commons to be made use of as Witnesses 44 Members names of the House of Commons whom the House desires to be present at the Trial as Witnesses 44 Message from the Lords for a Conference by a Committee of Thirty of their House with a proportionable number of this House touching the examination of Members c. 10 Message to the Lords about disbanding the new levied Irish Army 42 Message to the Lords to appoint a day for the Earl to conclude his Trial 44 Both Houses agree that if the Earl come not to morrow the House of Commons may sum up their Evidence and conclude 45 Message to acquaint the Lords that the Proceedings by Bill stand in no way of opposition to what hath been already done 48 Moneys without Parliament to be raised by force see Art 21. 516 Monopoly made of Tobacco see Art 12. 402 Sir Walter Montague Sir Toby Mathews c. to be removed from Court 42 Lord Montnorris his Case of Ireland to be reported by the Committee Montnorris sentence of death pronounced against him see Art 5. 186 Sentence read 187 Concerning his being put out of possession of his Freehold see Art 6. 205 Multitudes of people assembled in Westminster 742 Petition from them desiring Iustice against the Earl communicated to the Commons ibid. They depart upon the Lords taking the Protestation 742 N. LYsimachus Nicanor his scandalous Pamphlet Printed 770 Earl of Northumberland made General of the Royal Army in England upon whose sickness the Earl of Strafford was made Lieutenant-General Anno 1640. 769 Earl of Northumberland communicates Mr. Percies Letter to the Peers 748 Earl of Northumberland Lord High Admiral of England 769 O. OAth contrived against the Scots in Ireland see Art 19. 489 The like to the Scots in England 503 Offensive War against the Scots urged by the Earl see Art 20. 515 A Troop of Reformed Officers to be disbanded 15 Officers c. Warrant to them see Art 9. 236 P. PAper posted up at Sir William Brunkards House in the Old Palace-yard declaring the names of many persons to be enemies of Iustice 59 Parliament in Ireland declare against the Scots see Art 22. 517 People assemble in multitudes at Westminster 742 Petitions Orders and Books of Entries of Impositions c. sent for out of Ireland 8 Petitions and Complaints of proceedings in Ireland reported 10 Petition of the Parliament of Ireland to the King read 15 Petition of the Earl to examine some Members of this House read 40 Two Petitions of the Citizens of London read 55 One of them concerning Grievances inserted 56 Petition from a multitude of people at Westminster desiring Iustice against the Earl communicated to the Commons 742 A discovery in the Petition of Soldiers to be brought into the Tower ibid. Father Philips's Letter to Mr. Walter Montague read 751 He is called to the Bar and is impeached 752 Mr. Piercy's Letter concerning the Plot 748 to 750 Mr Piercy and Sir John Suckling voted to be guilty of High Treason 754 Plot discovered in England 735 Upon which the House resolves on a Protestation ibid. Preamble thereunto ibid. The Protestation read 736 Names of the Protestors 736 to 740 The Plot still suspected to be carried on 740 Ports in Ireland to be open 46 1500 Barrels of Powder gone to Portsmouth to be stayed 740 Lord Primate of Ireland his Examination debated 44 Proceedings by way of Bill no way in opposition to what hath been already done 48 Proclamation to issue out against Sir George Ratcliffe if he appear not at the day limited 16 Proclamation by the Earl commanding the Nobility to reside in Ireland see Art 16. 460. Protestation of Secresie taken by the Members 16 The same taken by the four Members added to the Committee for the Earl 32 Protestation of the Lords denying that they did approve of the Earls raising Money in Yorkshire 37 38 Protestation resolved on by the House upon the discovery of the Plot in England 735 Carried up to the Lords to take the same 741 Mr. Hollis's Speech to the Lords to promote the taking thereof 742 The Protestation taken by the Lords and the multitude depart ibid. Q. THe Queen came to her private Closet in Westminster-Hall during the Trial 41 Queen-Mother apprehending her self in danger of the Multitude Mr. Martyn moved the House that she may depart the Kingdom 758 R. LOrd Ranelaghs debate about his Examination 174 Not to be examined 175 Sir George Ratcliffe not to speak with or write to the Earl of Strafford 15 A Proclamation to issue out against him if he appear not at the day limited 16 Articles of High-Treason voted against him 17 Records of Attainder a Committee appointed to search those Cases in the Kings-Bench 7 Reformado-Officers to be disbanded 15 Remonstrance of Ireland reported by Mr. Whistler 7 Remonstrance of the House of Commons in Ireland read 11 12 13 114. No Replication to be put in to the Earls Answer 32 Strafford A Committee of Irish Affairs of the whole House designed in order to his Accusation 1 He is in a great Dilemma in the North 2 His intended Impeachment of some Members disappointed ibid. He is accused of High-Treason 3 Sequestred from the Parliament and Committed to the Black Rod ibid. Examination of Witnesses to be taken previous to his Tryal in the presence of some of the Commons 6 Records of Attainder in the Kings Bench to be search'd in order to a Bill of Attainder 7 Irish Remonstrance reported which reflected on his proceedings in Ireland 7 and 10 Petitions Orders and Books of Proceedings upon Paper-Petitions and of Entries relating to the Custom-House in Ireland sent for 7 8 Articles in maintainance of the Accusation of the said Earl 8
9 Free Conference concerning the said Articles 9 A select Committee agreed upon for the Examination of Witnesses concerning him 10 Members of both Houses to be examined concerning him 14 15 16 Parliament of Ireland their Petition to the King against him 15 Sir George Ratcliffe not to speak with him 15 Scotch Commissioners to bring in their charge and Proofs against him 18 See the Charge 769 Conference to Sequester him from his Offices 20 Debate about admitting him Council at his Trial 21 His Answer read containing 200 sheets of Paper 22 Abstract of his Answer to the 28 Articles 22 unto 30 The Evidence against him to be managed by a Committee of the House of Commons 32 No Replication to be put in unto his Answer ibid. The Commons aver the Charge against him and will manage the Evidence by Members of their own the Names of the Members to that purpose appointed 33 A Committee of 48 of the Commons appointed to meet a Committee of 24 of the Lords at a free Conference concerning his Tryal 33 Conference as to place of Tryal Persons present Council and management of Evidence against him 34 unto 37 Protestation entred in the Lords House denying that they did approve of his raising Money in Yorkshire 37 38 Resolved that the Commons be present as a Committee of the whole House at his Tryal c. 38 Some Members appointed to view the place for his Trial 39 His Petition to examine some Members of this House read 40 The manner of his coming to his Tryal in Westminster-Hall 41 The manner of bringing him into the Hall the Ax not being suffered to be carried before him till after Tryal 41 Suffrages in matters criminal declined to be given by the Bishops entring their Protestation c 41 The House to meet at Two in the afternoon constantly during the Tryal 42 His Exceptions and frequent Adjournment of the Lords House occasioned thereby with other unnecessary delays reported how to prevent the same 43 A Peremptory day to be appointed for him to conclude his Tryal 44 Both Houses agree that if the Earl come not to morrow the Commons may sum up their Evidence and conclude 45. Resolved by the Lords that to morrow be recollect his Evidence which being done the Managers are to state theirs 47 The Act of Attainder read a Second time and referred to a Committee of the whole House ibid. The Council appointed by the Lords to be here to morrow morning concerning matter of Law 47 Resolved that it is sufficiently proved that he hath endeavoured to subvert the antient and Fundamental Laws of the Realms of England Scotland and Ireland and to introduce Arbitrary and Tyrannical Government against Law 48 Lord High Steward his Speech unto him the first day of Tryal 101 The Impeachment against him read 101 The-Speech Introductive of Mr. Pym concerning the Preamble to his Answer 102 Lord Digby's Speech to the Bill of Attainder 50 Names of Witnesses their Evidence Exception taken Interlocutory Passages Defence and Reply 109 c. Sentence against the Lord Montnorris read 187 Some Interlocutory Passages and Speeches in the Petition of Right made by him in Parliament much notice thereof being taken by the Court 763 His Confinement in Kent for refusing Lone-Money 763 Complained of at Court for frequenting Archbishop Abbots Table with Sir Dudly Digs c. 764 Sentence against the Lord Montnorris read 187 Earl of Straffords Summary Account of his Evidence 633 to 660 The Speech of Mr. Pym thereupon 661 to 674 Mr. Glyn's Reply to the Earls Summary of his Evidenee 706 to 733 King's Speech in favour of the Earl 734 The Earls Letter to him to set His Majesties Conscience at Liberty 743 Concerning an endeavour for the Earl to escape out of the Tower 746 Sir John Suckling voted Guilty of Treason 754 The Earl brought to the Scaffold his Speech then 759 Copy of the Paper containing the heads of his last Speech written with his own Hand and left on the Scaffold 760 He desires before he dies to speak with the Archbishop of Canterbury but refused 762 He sees the Archbishop the next morning at his window as he was going to the Scaffold and desires his Blessing 762 He went to the Scaffold more like a General at the Head of an Army after obtaining Conquest in Battel than like a man going to execution by Death 762 His Instructions to his Son in Writing ibid. A Description of his Person and an account of the Noble Relations to his Family 772 A brief Account of his Secretary Mr. Slingsby and of his death by having his Legs cut off above the knees 773 His Letter to his Secretary before his death 774 The King's Reflections upon the Earls death 775 T. TAx imposed on the Subjects see Art 27 598 Tobacco made a Monopoly see Art 12. 402 Westminster-Hall the place of Tryal appointed to be viewed by Members 39 The fitness thereof reported by Sir John Culpeper ibid. The First day of Tryal March 22. 1640. 101 102 c. The manner of his coming to Tryal 41 U ULster the place of Rendezvous for the Irish Army in fight of Scotland 769 Ungirding of the Scotch Army 770 W SIr Christopher Wandesford made Lord Deputy of Ireland by the Earl 769 Warrant given to Officers of the Ecclesiastical Courts to Attach and commit persons see Art 9. 236 Warrant produced 237. Sir Richard Weston Lord Treasurer first courted the Earl after the Dissolution of the Parliament 4 Car. 1. 768 Sir Iohn Winter to be removed from Court 42 Some Lords desired to be made use of as Witnesses 49 Earl of Worcester and his Sons Commission for levying of Forces to be drawn into the charge of the Earl of Strafford 19 Words spoken tending to the bringing of the Irish Army into England 46 725 Words wherewith the Earl was charged in several Articles of Impeachment see Art FINIS See Historical Collections the First Part. Pa. 500. Resolved to Accuse the E. of strafford of High Treason Report of the Message of High Treason Message of Sequestration of E. of Strafford The Lord Keeper to the E. of Strafford Message from the Lords Conference that Ports of Ireland shall be open Committee how to send for Sir George Ratcliff Mr. Speaker to sit at the Grand Committee for Irish Affairs Irish Affairs Committee concerning the Earl of Strafford Resolutions thereupon Sir Robert King to be sent for Expedition Mr. Treasurer Reports the Message from the King No Member to visit the Earl of Strafford without leave Message to the Lords for a Committee to examine Witnesses Approbation of the Lords Petitioners for a Parliament Petition to be Entred Speedy examinations against the Earl of Strafford by Members of both Houses Committee to search Attainders Report Irish Remonstrance Book of Petitions sent for over Warrants for Taxes upon Tobacco Entries of Impositions Articles against the Earl of Strafford Articles to be engrossed Conference concerning the Earl of Strafford's Articles
Articles ingrossed Mr. Pym gets leave to speak Mr. Pym Reports the Conference Thank 's to Mr. Pym. Message for a Conference Answer Mr. Whistler's Report from the Committee for Irish Affairs A Committee to meet a Committee of the House of Lords about the Examination of Witnesses in the Case of the E. of Strafford Petition from the Parliament in Ireland read Sir George Ratcliff not to speak with or write to the E. of Strafford A Troop of Reformado Officers in the Army to be disbanded A Message for a Conference for some of the Members to be present at the Examination of Witnesses Mr. Pym's Report A Message by the Commons Sir George Ratcliff to come in by a day A Report of the Conference for the Lords Members to be examined Another Message concerning Members to be present at the Examination A Protestation of Secrefie Articles against Sir George Ratcliff A Message Ratcliff Irish Army Petitions referred to the Sub-Committee Depositions concerning the Earl of Strafford A Message concerning Examinations The further Impeachment of the Earl of Strafford Sequestration of Thomas Earl of Strafford To open Letters Concerning Council for the Earl of Strafford The little Finger of the Law Ireland a Conquered Nation Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case Lord Mountnorris sentenced to suffer death by Martial Law The Lord Mountnorris put out of Possession Lord Dillon his Patent questioned The Lord Loftus close Prisoner not delivering the Great Seal The Earl of Kildare Committed Committee to consider of the Proof Members to manage the Evidence No Replication to the Earl's Answer Concerning the manner of the Trial of the Earl Concerning the place of Trial and the Council for the Earl The time of the Trial. Concerning the Place for the Trial. Members appointed to View the place of Trial. E of Strafford's Petition read The great Hall in Westminster appointed for the Trial of Thomas Earl of Strafford Menday Afternoon Afternoon The Petition of divers Citizens of London to both Houses of Parliament wherein is an accompt of their Grievances together with their desires for Justice to be executed upon the E. of Strafford and other Delinquents A Memorial of the Member that first took the Names The Prisoner at the Barr. Lord High Steward Lord High Steward E. of Strafford Lord High Steward Lord High Steward Mr. Pym. Lord High Steward Mr. Pym. E. of Strafford Lord High Steward Mr. Pym. Lord High Steward E. of Strafford Mr. Maynard Lord High Steward Mr. Pym. Mr. Maynard Lord Fligh Steward Mr. Pym. Sir Io. Clotworthy a Witness The Question Sir Io. Clotworthy Lord Ranulagh a Witness E. of Strafford Lo. Ranulagh L. Mountnorris a Witness Nicholas Barnewell a Witness E. of Strafford Mr. Pym. Mr. Egor a Witness E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance E. of Strafford Manager E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance Manager Witness E. of Strafford Manager Lord High Steward Witness Witness E. of Strafford Manager Witness E of Strafford Manager E. of Strafford Witness Manager Witness Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager Lord High Steward E. of Straffords Speech Lord High Steward E. of Strafford Manager E. of Strafford Witness Kings Warrant read E. of Strafford Manager E. of Strafford Billetting of Soldiers in Dublin Increase of Shipping Jurors Sentence in the Star-Chamber Manager Lord High Steward Mr. Maynard Manager Article 1. Manager Manager Witness Witness Witness Witness E. of Strafford Manager E. of Strafford Manager Lord High Steward Manager F. Thorpe a Witness Manager Witness E. of Strafford Manager Lord High Steward E. of Strafford Lord High Steward Manager F. Thorpe a Witness George Hawes a Witness E. of Strafford E. of Strafford E. of Strafford E. of Straffords Defence Manager E. of Strafford E. of Strafford The Managers Reply Article 2. Manager Witness Sir Tho. Leyton a Witness Lord High Steward Tho. Harrison a Witness E. of Straffords Defence Witness E. of Strafford Manager Manager E. of Strafford Manager E. of Strafford Manager Lord Steward Managers Relpy E. of Strafford Manager Lord High Steward Sir David Fowles a Witness E. of Strafford Manager Article 3. E. of Strafford Manager E. of Strafford Manager Manager E. of Strafford Manager E of Strafford E of Strafford Manager Robert Kennyday a Witness E. of Strafford Manager Lord Corke a Witness Manager Lord Gorminstone a Witness Lord Killmallock a Witness Sir Pierce Crosby a Witness E. of Strafford Mr. Slingsby a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford E. of Strafford Manager Manager E. of Strafford Managers Relpy Managers Reply Mr. Fitzgarret a Witness E. of Strafford Lord Gorminstone a Witness Lord Killmallock a Witness Manager Article 4. Manager Lord Ranulagh a Witness E. of Strafford Witness E. of Stafford E. of Corke 2 Witness Iohn Waldron a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Castlehaven a Witness Manager Lord High Steward Roger Lotts a Witness Manager E. of Strafford Article 5. Manager Manager Lord Mountnorris a Witness Witness Witness Witness Lord Dillom a Witness Lord Ranulagh a Witness Manager Earl of Cork a Witness William Castigatt a Witness Lord Dillon a Witness Patrick Gough a Witness Lord Conway a Witness E. of Strafford's Defence Manager E. of Strafford Lord Willmott a Witness E. of Strafford E. of Strafford E. of Strafford Sir Robert Farrer a Witness E. of Strafford E. of Strafford Manager Manager Manager Earl of Ely a Witness Manager Manager Manager Article 6. Manager Thomas Little a Witness E. of Strafford Lord Mountnorris a Witness Mr. Anslow a Witness Manager E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Corke a Witness Lord Ranulagh a Witness S. Adam Loftus a Witness Lord Mountnorris a Witness Earl of Bath a Witness E. of Strafford Manager Manager Mr. Anslowe a Witness William Brettergh a Witness Manager E. of Strafford Manager E. of Straffords Defence E. of Strafford Manager E. of Strafford Article 8. Manager Manager E. of Strafford Manager Manager Mr. Hoy a Witness Thomas Hibbots a Witness Lord Mountnorris a Witness Earl of Cork a Witness Manager Manager Manager Lord Corke a Witness Lord Primate a Witness Lord Renula a Witness Manager Lord Renula a Witness E. of Strafford Lord Dillon a Witness Sir Philip Manwareing a Witness The Managers Reply E. of Strafford E. of Strafford Article 9. Sir Ia. Montgomery a Witness Manager E. of Strafford Manager E. of Strafford Manager Article 10. Lord Ranulagh a Witness Sir Iames Hey a Witness Robert Goodwyn a Witness Henry Brawd a Witness Robert Cogan a Witness Iohn Welsh a Witness Lord Renula a Witness Patrick Allen a Witness E. of
Straffords Defence Lord Cottington a Witness E. of Strafford Lord Cottington a Witness E. of Strafford Lord Cottington a Witness Sir Arthur Ingram a Witness E. of Strafford E. of Strafford Lord Dillon a Witness E. of Strafford Mr. Maynard's Reply Article XII Charge Mr. Maynard Proclamation Proclamation Mr. Maynard Mr. Crosby Witness Mr. Maynard Mr. Allen. Winness Mr. Welsh Witness Mr. Gough Witness Patrick Gough Witness E. of Strafford Mr. Maynard Mr. Glyn. Mr. Blunkett Witness E. of Strafford Mr. Glyn. Mr. Crosby Mr. Maynard Mr. Maynard Mr. Gibson Mr. Slings by E. of Strafford Lord Robert Dillon E. of Strafford Mr. Gibson Mr. Maynard Mr. Gibson Article XIII Charge Benjamin Croky Witness Sir Iohn Clotworthy Witness E. of Strafford L. Rainalaugh Sir Iohn Clotworthy Witness L. Rainalaugh Witness Mr. Gough Witness Mr. Firzgarret Witness Mr. Maynard Mr. Maynard Mr. Glyn. Article XV. Charge Mr. Palmer Mr. Savill Witness Mr. Glyn. Mr. Savill Mr. Palmer Mr. Savill Mr. Maynard L. Strafford Mr. Palmer Mr. Pym. Mr. Savill Witness Mr. Palmer L. Steward Mr. Palmer Mr. Savill Gough Witness Richard Welsh Witness Patrick Cleare Witness Nicholas Ardah Witness Berne Witness Mr. Palmer Mr. Maynard Mr. Kennedy Mr. Palmer Mr. Little Witness Mr. Palmer Mr. Maynard Lord Strafford Lord Rana laugh Mr. Palmer Mr. Palmer E. of Strafford Defence Lord Dillon Mr. Palmer E. of Strafford Lord Dillon Tyrringham Conley Witness Henry Dillon Tyrringham Ranailaugh Strafford Palmer E. of Strafford E. of Strafford Mr. Palmer Mr. Pym. Mr. Palmer E. of Strafford Ardah Witness Savill Witness Dillon Witness E. of Strafford Mr. Palmer Reply Sir Arthur Tyrringham Article XVI Charge Iohn Loftus Witness Wade Witness Lorky Witness Richard Wade Witness Mr. Palmer Lord Roche Witness E. of Strafford Nash Witness Parry Witness E. of Strafford Mr. Palmer Afterwards His Majesties Attorney-General Linch Witness Fitz-gerard Witness Mr. Palmer E. of Strafford E. of Strafford Mr. Riley Witness Mr. Maynard Mr. Ralton E. of Strafford Mr. Gibson Dillon Wit ness Mr. Maynard Mr. Maynard E. of Strafford Mr. Wether inge Ralton E. of Strafford Slingsby Witness Little Witness E. of Strafford Mr. Palmers Reply Mr. Palmer Torky Witness E. of Strafford E. of Strafford Richard Wade Witness Patrick Gough Witness Mr. Glyn. Article XIX Charge Mr. Maynard Mr. Maxwel Mr. Whitlock Sir Iohn Clotworthy Witness Mr. Whitlock Mr. Salmon Witness Iohn Loftus Witness Mr. Whitlock Defence E. of Strafford Robert Lord Dillon Witness Manwaring Sir Adam Loftus Witness Maynard Whitlock E. of Strafford Mr. Slingsby Witness Trueman Witness Little Witness Ralton Sir Philip Manwaring Witness Robert Lord Dillon Witness Sir Adam Loftus Witness Sir Philip Manwaring Witness Whitlock's Reply Mr. Whitlock Mr. Maynard Stroud E. of Strafford Stroud E. of Strafford Article XX. Charge Article XXI Charge Article XXII Charge Artic. XXIII Charge Art XXIV Charge L. High Steward Whitlock E. of Strafford Whitlock Maynard L. H. Steward Mr. Whitlock E. of Strafford Mr. Maynard E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Traquair Mr. Whitlock E. of Traquair Mr. Palmer Mr. Maynard E. of Strafford E. of Traquair E. of Strafford L. Digby Mr. Glyn. E. of Strafford Mr. Glyn. E. of Traquair Mr. Whitlock E. of Strafford Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Strafford L. H. Steward E. of Morton Mr. Whitlock Mr. Whitlock E. of Traquair Witness Mr. Glyn. Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Strafford Mr. Whitlock E. of Northumberland Witness Bish. of London Witness Mr. Barnewell Witness Mr. Whitlock Archbishop of Armagh Witness L. Conway Witness Sir Henry Vane Witness Mr. Whitlock Sir Ro. King Witness L. Ranalaugh Witness L. Ranalaugh Witness Mr. Whitlock Mr. Maynard Sir Thomas Barrington Witness King Witness Ranalaugh Witness Mr. Whitlock Sir Tho. German Witness E. of Bristol Witness E. of Holland Witness Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Clare L. H. Steward Mr. Maynard Mr. Whitlock E. of Strafford Mr. Glyn. E. of Strafford Slingsby Witness E. of Strafford Marquis Hamilton Witness Mr. Slingsby Witness Sir George Wentworth Mr. Maynard E. of Strafford L. Treasurer Witness Mr. Maynard L. Treasurer Witness L. Cottington Mr. Maynard L. Cottington Mr. Maynard L. Cottington Marq. Hamilton Witness E. of Strafford M. Hamilton L. Goring Witness Mr. German Witness Mr. Glyn. L. Treasurer L. Cottington E. of Strafford Mr. Whitlock's Reply L. Conway Mr. Maynard Mr. Maynard Mr. Glynn L. Cottington Mr. Glynn Mr. Pym. Artic. XXV Charge Mr. Maynard L. Treasurer Tho. Wiseman Witness Tho. Wiseman Witness E. of Berkshire Garaway Lord Mayor of London E. of Strafford Garaway Defence of the E. of Strafford Mr. Glyn. Art XXVI Charge Robert Edwards Witness Palmer Witness Mr. Maynard Mr. Maynard Mr. Henley Witness E. of Straffords Defence I. Cottington Witness Mr. Maynard Mr. Maynards Reply Mr. Whitlock Mr. Strowd Garaway Witness Mr. Glyn. Mr. Strowde Art XXVII Charge Mr. Maynard Sir Hugh Cholmeley Witness Sir Henry Cholmley Witness Hotham Witness Stapleton Witness L. Wharton Witness Pennyman 〈◊〉 Mr. Maynard Griffin Witness Lord Clare Mr. Glyn. Mr. Strickland Witness Burroughes Witness Cholmeley Witness Dowsen Witness Pierson Witness Ingram Witness Griffin Witness Cholmley Witness Mr. Maynard E. of Straffords Defence Neale Witness Osborne Witness Mr. Maynard Pennyman Witness E. of Strafford L. Wharton L. Wharton Pennyman Witness Mr. Maynard Mr. Glynn Mr. Maynard E. Strafford Pennyman Witness Savill Witness Pennyman Witness Osborne Witness Savill Witness Rhodes Witness Danby Witness Mr. Maynard Wentworth Witness E. of Strafford Strickland Witness Edw. Osborne Wil. Pennyman E. of Strafford Mr. Maynard Cholmeley Witness E. of Strafford Mr. Glyn. Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Maynard Mr. Glyn. Mr. Maynard Mr. Glyn. Object Answ. Object Answ. Owen ' s Case of Sandwich in Kent The House of Commons Adjourned upon this Speech of the Kings in some dissatisfaction May the 3. the Commons having a Plot discovered fall into the Debate thereof And the same day Resolve upon a Protestation The Preamble to the Protestation The Commons send a Message to the Lords concerning the Plot. And desire a Select Committee to take Examinations upon Oath And that no Servant of the King or Queens Majesty departs the Kingdom till they be examined And sent a Letter to the Army to assure them of the Parliaments care of them The Commons past several Resolves These Resolves and the Protestation commuicated to the Lords Mr. Hollis his Speech in a Message to the Lords about the Plot. Multitudes of people flock to Westminster crying Iustice Iustice c. The people assemble again in multitudes which the Lords communicate to the Commons at a Conference And communicates the Petition of the multitude as followeth Desiring Justice and Execution upon the Earl of Strafford To be secured against Plots And against a Garrison newly put into the Tower To make way forth Earl of Straffords escape The Lords send Six Peers to the Tower to inquire of this business The Lieutenant said he had His Majesties Command to receive 100 men The Lords at the Conference declared That the Tumults hindred their proceeding upon the Bill of Attainder The Lords took the Protestation And the multitudes departed A Bill for the continuance of the present Parliament twice read The Earl of Straffords Letter to the King A great Hubbub in the City Conspirators fled The Queen desigas to goe to Portsmouth Proclamation to call in the Conspirators A Letter to prevent the design to engage the Army against the Parliament sent to Sir Iacob Ashly and Sir Iohn Conyers The Plot consisted of thre heads Capt. Bilingsly his Examination that he had Orders to get 100 men into the Tower The Earl expostulates about his escape Examination of three Witnesses more as as to the Earls escape Col Gorings examination about the Plot. Mr. Peircy his better against the Plot. Father Philips his Letter against the Parliament Earl of Holland General of the Army Father Philips to be sent for He appears Several Votes against Ar. Peircy about the Plot. Barkley and O-Neal are fled Mr. Peircy charged with High Treason A Vote to vindicate Col. Goring Bill of Attainder and for continuance of the Parliament passed Message to the Lords to move the King for His Consent to pass the Bill of Attainder To Press Mariners The King Judges and Bishops consult about Strafford The King gives Warrant for a Commission to give His Assent to the Bill for execution of the Earl of Strafford The Royal Assent given this day and the Bill passed The King consents that the Irish Army should be instantly disbanded Thanks returned to His Majesty The Earl of Strafford's Petition to the House of Peers The Bill of Attainder * This Proviso hath occasioned the common discourse and opinion that this Judgment against the Earl was Enacted never to be drawn into President The Kings Letter on behalf of the Earl of Strafford Twelve Lords sent to the King QueenMother The Earl of Strafford brought to the Scaffold His Speech His Majestys Propositions tothe House of Commons touching Supply See page in the First Part of Historical Collections The Charge of the Scotch Commissioners presented to the Parliament The description of his Person and Family Mr. Slingsby's Interment His Extraction and Education