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
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
come to a Resolution so soon as to come to their Lordships for a Conference this Afternoon If they can they Resolve to sit this Afternoon and desire their Lordships to do the like if it may stand with their Conveniency Mr. Peard brings Answer That their Lordships will meet at Four of the Clock Resolved upon the Question That a Committee of the whole House shall hear the Earl of Strafford's Counsel in Westminster-Hall concerning matter of Law Ordered That the House do this Afternoon take the Proceedings against the Earl of Strafford into further Consideration The Committee is to retire presently into the Committee-Chamber to prepare Heads for a Conference to be desired with the Lords concerning the further Proceedings against the Earl of Strafford Mr. Maynard Reports the Heads of this Conference to this effect 1. To take Notice of their Lordships Resolution to hear the Earl of Strafford's Council in matter of Law 2. To put their Lordships in mind of the saving of this House in that Point and further to tell them That if after his Council shall be heard any doubt shall remain with their Lordships they shall be ready to satisfie them in due time 3. That to this end they do intend to send a Committee of this House only to hear what his Council shall say These Particulars raised some Debate in the House and being put to the Question the House was divided upon it but yet after the Tellers were appointed the Noes yielded to the Yeas without telling 4. To desire that their Lordships will be pleased to use all Expedition to put an end to this Trial as much as in Justice may be 5. To desire a continuance of their Care that the Counsel under colour of speaking to the matter of Law ravel not into the matter of Fact Sir Robert Harly went up to the Lords to desire a free Conference with their Lordships by a Committee of both Houses upon the free Conference had Yesterday with their Lordships concerning the further Proceedings against the Earl of Strafford Sir Robert Harly brings Answer That their Lordships will give a present meeting as is desired The Committee that was appointed to prepare Heads for the Conference concerning the further Proceedings against the Earl of Strafford are to manage this Conference and to Report it if occasion be Ordered That the Committee formerly appointed to preserve places for the Committee of the whole House in Westminster-Hall do apply their Endeavours in that Service A Message from the Lords by Justice Foster and Justice Heath That the Lords have sent this Message that they will be set to morrow at ten in the Forenoon in Westminster-Hall to hear the Earl of Strafford's Council in matter of Law Saturday April 17th 1641. Post Merid. Ordered That the House be Resolved into a Grand Committee to take into further Consideration the Bill of Attainder of Thomas Earl of Strafford Mr. Speaker left the Chair Mr. Peard was called to the Chair of the Grand Committee and Mr. Speaker again assumed the Chair Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed on Monday morning at Seven of the Clock Monday April 19th 1641. Ordered That after the Conference shall be ended the House shall again be Resolved into a Committee to resume the farther Debate of the Earl of Strafford and all the Members are required to return from the Conference to the House Resolved upon the Question That the endeavour of Thomas Earl of Strafford to subvert the Ancient and Fundamental Laws of the Realm of England and Ireland and to Introduce an Arbitrary and Tyrannical Government against Law in both these Kingdoms is High Treason The Lord Digbye's Speech in the House of Commons to the Bill of Attainder of the Earl of Strafford April 21. 1641. Mr. Speaker We are now upon the Point of giving as much as in Us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom Thomas Earl of Strafford a Name of hatred in the present Age by his Practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactared I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon
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
Revenue nor as I conceive ever came into Accompt nor was paid into the Exchequer as will appear on the Fifteenth Article but was a Gift of the Country and applyed to the Kings Occasions and that determined the Revenue fell short 20000 l. of the Charge Besides when I came into Ireland the Crown was extreamly indebted above as I think not to stand on particular sums and pence 100000 l. Sterling And by the Gentleman 's own saying when I came out of Ireland I left 100000 l. in the Kings Coffers And if any ask where the Accompt for the Subsidies is There is 100000 l. Debt paid 100000 l. left in the Kings Coffers For it appears by Sir Adam Loftus that there was 100000 l. in the Exchequer when I came from thence There was 15000 l. employed for buying Land that yields the King 2000 l. a year And so much of my Lord of Ormond as yields 2500 l. a year So that the Accompts will shew the bestowing of the Subsidies with as much Advantage as might be for the Kings Service That the Revenue was short I could make appear clearly The occasion that no money came out of the Exchequer was accidental by a Contribution of the Country no Revenue of the Kings And if that had not been supplyed there had been no possibility of defraying the Ordinary Charges of the Crown out of the Revenue and that is the point wherein I differ from the Gentleman his meaning being That the ordinary Revenue of the Kingdom could not bear the ordinary Charge of the Kingdom And I desire that Sir Adam Loftus and Sir Robert Dillom may be examined upon such questions as shall be propounded in this point Your Lordship may examine them but not upon Oath I will not displease but perfectly obey in every thing It will not be denied but the Revenue is increased by such means as my Lord of Strafford hath increased it by yet it was not the natural Revenue but the additional part that came in by the Bounty of the Country that supported the Charge many years before my Lord of Strafford came So that if it be said Ireland supported not it self before he came thither in the general sense it is untrue if it be said in a special sense that the Kings proper Revenue did not support it that his Lordship says is true Whence I infer that it was not much material to insist on this for I meant it so and it is plain and clear that the Kings Revenue there was not able to bear the Charge of that Kingdom by very near 23000 l. or 24000 l. a year And it is now able to bear its own Charges and yet there is an increase of Charge by 600 Horse by which the Army is stronger than it was And whereas it is said I was short in the Shipping I affirm that under favour I was not It is true that in the time of the late Justices my Lord of Corke and my Lord Loftus the last years Charge of the Shipping was paid forth of Ireland But it is as true that when the Kingdom underwent the Charge they lessened the Charge of the Kings Army by striking 500 off from the Army and transferred the Charge of their pay to the easing of the Kings Revenue on the Navy But that Charge being now increased again and brought to the former certainty I conceive I might truly say There was in my time an ease to the Crown of England all things considered which formerly it had not It being not with the prejudice of the Kings Service elsewhere or lessening the standing Army which in all times hath been the strongest support of the Kings Justice and Ministers there and which it deeply concerns the Crown of England to keep in such a Condition that they may be responsible to the King for the Services he shall Command So that though the Shipping Charge was paid the last year yet so paid that the Kings Army was weakened 500 Foot whereas now it is paid and the Kings Army raised to a certainty again and a Change is made to the better for instead of 500 Foot there is 600 Horse And that I say my Lord of Corke remembers very well there being Letters of his That Sir Pierce Crosby his Regiment should be put off and the money for maintenance thereof should go to defray the Charge of the Kings Ships for guard of the Coast. And yet the Charge is much more now than it was for the Charge was then only two Whelpes as my Lord Mountnorris said And now there be three Ships The Swallow a Ship of the Third Rank and two lesser Vessels so that I conceive my Answer in my sense was true For the matter of having money out of the Exchequer I conceive my Answer to contain no matter of Untruth for I had out of the Exchequer only 15000 l. and for that the King will be answered 2000 l. a year good Fee-farm Rent in lieu of it which he thought was no ill bargain It is true I say the money spoken of by Sir Adam Loftus was borrowed on my own and Sir George Ratcliffes Bond to be paid upon sight At that time I praise God I had Credit for 20000 l. and at this time I thank God for that too I have not Credit for 20 d. Gods Will be done I obey it But this money is honestly and justly paid Where is the Crime then might not I borrow of a Gentleman that would trust me with money but it must be an Offence It is true it was of the Kings money but the King had no use for it at that time Had not I made use of it it must otherwise have lain in the Exchequer and yielded no profit and besides I borrowed it of one that was Accomptable for it But since I am put to it I will shew that which will clear it from being a Crime indeed which according to the Duty I owe unto His Majesty my Master his Command hitherto have I kept private to my self And that is the Kings Warrant being all of His own Hand writing Sir Adam Loftus being then Vice-Treasurer and now demanded the question Whether that Warrant was produced to him at the borrowing of the money confessed that my Lord of Strafford never told him of the Warrant The Warrant was read containing a Licence to make use of 40000 l. of His Majesties Treasure now in the hands of His Majesties Vice-Treasurer for three years Provided that for Security there be always left in the hands of the Comptrollers a Stock of Tobacco amounting to 40000 l. at the least with a direction to conceal this particular favour to him that it might not be brought into precedent There was accordingly so much Tobacco left But by what Law I know not The Magazines are seized on by Order from the Commons House of Parliament my Goods possessed and given over to others to sell at their own prices my
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 said at that time tended to that purpose to shew and set forth to them the excellent Goodness of His Majesty and the Graciousness of His Government Therefore if I should say any thing to the purpose as it is offered I should go much against the purpose for which I intended my Discourse For me to have said openly there in the King's Chair that they were a Conquer'd Nation and must expect Laws from Him as from a Conqueror when I knew it most false and expected from His Majesty that He would Govern them by the same righteous Rules of Justice and Honour as his Predecessors had before him I had been much too blame and it had been against the drift of my Discourse And I must say and will say to the death I never spake such words That they must expect Laws from Him as from a Conqueror I know very well how it is proved and what my own affirmation doth in foro Iudicii but how it may work in foro Conscientiae I trust I have so much credit left in the World as to be known to be a man of truth and not usually to speak untruths And I take the heavenly God to Witness that I never spake them I remember the words and the occasion by a good token without which I should not have remembred them my Friends desiring a Copy of my Speech which Copy is in Ireland and were it here would satisfie every man It was to incline them to take into consideration the great Debt that lay on the Crown being near 100000 l. the shortness of the Revenue which was then short of the yearly Charge 24000 l. though the first day it was stood upon and would have been coloured over as if there had been no such thing I was to move thereunto a supply to pay the Debt and to improve the Revenue to such a height as might answer the Charge of the Kingdom that to induce this I told them the Kingdom of England had expended great and vast Sums of Money and had issued a great deal of Noble blood for the reducing of them to Obedience and in that happy State wherein they then lived That they must not think the Kingdom of England must always bear the Charge of the Crown but they must so fit the business that the Kingdom may bear its own Charge For said I and these are the words I take God Almighty to Witness and no other If the Kingdom of England should still be put to their Charges and the whole Expence should still rest on the Conqueror you might very well think you are so dealt withall as never any other Conquer'd Nation had been That on these words my Lord of Ormond came to me and told me That the words he had spoken were not well taken For that I had said The Irish are a Conquer'd Nation and that is not well I answered his Lordship Truly my Lord you are a Conquer'd Nation but you see how I speak it and no otherwise But this I am not charged with and offer it only to keep and preserve me in a good Opinion as much as I can of both Houses of Parliament which I desire of all things under Heaven next the Favour of Almighty God and his Gracious Majesty He then proceeded to examine Witnesses And first Robert Lord Dillom being asked Whether he was present when he spake these words to both Houses of Parliament and what they were We desire to put your Lordships in mind that there were two times when my Lord spake such words one when he spake to hoth Houses of Parliament at the Publick Speeeh now mentioned the other upon delivering a Petition by the House of Commons That the words which the Commons Charge were the last mentioned by me not the first and that was desired to be observed The Question being repeated The Lord Dillom Answered That he served as a Member of the Commons House that Parliament and in respect of the Honour he had to be of the King's Council and the Son of a Peer of the Realm he stood under the Cloath of State and was present when my Lord made his Speech to both Houses for that passage of the Conquest some touch there was of it and he hath heard my Lord of Ormond speak in particular of it For the other words That they should expect Laws as from a Conqueror he took God to witness he did not remember them Being asked whether he remembers them to be spoken at any other time He answered That on his Soul he doth not Sir Adam Loftus being asked to the same purpose He Answered That he was the first and the last day at the Parliament that he doth not well remember the middle day and he cannot burden his memory with any such words spoken that he heard either then or at any other time Sir Robert King was called and asked to the same purpose He Answered That he thinks he was present that day but not within hearing and he never heard the words at any other time Lord Renula being asked Whether then or at any time he heard my Lord of Strafford say They must expect Laws from the King as from a Conqueror He Answered That he was then in the House and remembers the words in the first place That Ireland was a Conquer'd Nation that for the words in the second place something was spoken but how far he cannot witness Sir George Wentworth questioned on the same Point Answered That he sate under the Chair of State at that time and remembers not that my Lord ever spake these words That the King might do with them as he pleased That it pleased my Lord-Lieutenant to send him into England at that time to attend His Majesty with the Success of that Parliament and that he brought the Speech with him and can confidently affirm There was no such thing in the Speech and the Speech he did deliver to some Privy-Counsellor and added That he never heard my Lord publickly or privately say those words They must expect Laws from the King as from a Conqueror We desire to know Whether the Witness was returned out of England when this Remonstrance was delivered For the Commons Charge it thus That the House of Commons delivered a Petition to have the Laws executed according to the Instructions upon which the words were spoken and we believe Sir George Wentworth was not come back and then it was impossible he should hear him for it was after the Parliament had sate and some proceedings had I observe How it is in some of the Witnesses for my Lord Gorminstone fixed it on the first beginning of the Parliament He spake it to the occasion of the Petition but the distinct time he doth not remember Sir George Wentworth being asked touching the time of his going into England He desired to know what time the Petition was delivered but he went over some few days after the Subsidies were granted
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
at Board with him and required him to give his Testimony who had an Oath given him by the Lord Deputies command by the Clerk of the Council and referred himself to what he and Sir Robert Loftus had long before put under their hands Thereupon the Lord Deputy gave that Paper to the Clerk of the Council to read which was the Paper the Lord Deputy held in his hand and out of which he had read the Charge And that being shewed to my Lord Moore he said to his best remembrance those were the words spoken Sir Robert Loftus was also called in and he being required to give his Testimony referred himself to that which he and my Lord Moore had put under their hands and being shewed him with his hand to it he affirmed it Then my Lord Deputy asked me what I could now say since the words were proved to my face I humbly told his Lordship and made solemn protestation and offered to take my Oath That I did never speak the words as I was able to prove by several Witnesses and desired That the Lord Chancellor at whose Table they were spoken and Judge Martial of the Kingdom then in Town might be summoned to give his Testimony for truth and Sir Adam Loftus his Son and near twenty others and desired they might be examined in the Cause and that I was well able to prove that the words charged to be spoken by me were not spoken by me but by others as to that part that concerns the Affront but his Lordship refused me to have any examined Being asked whether all the Army was then on the march as my Lord of Strafford had said in his Answer He Answered There was at that time three or four or five Companies I am not able to say how many When my Witnesses were refused and I had made my protestation that I had not spoken them and was ready to prove it my Lord Deputy Answered That he knew my Oathes and Protestations well enough I took Exception to the Testimony of the Lord Moore and Sir Robert Loftus as I might in a Legal way But my Lord Deputy rebuked me and spoke in commendation of them and bid my Lord Moore sit down now and be one of my Judges And thereupon commanded me to withdraw which I did and went out into a Gallery by where I stayed about the space of half an hour I think not more I am sure not an hour and was then called in and at the beginning was required to Kneel as a Delinquent which I conceived I was not having endeavoured always to shew my self a faithful Officer Then my Lord Deputy commanded Sir Charles Coote to pronounce the Sentence as Provost Martial of Connaught which he did briefly in effect as in the Sentence And my Lord Deputy took occasion to make a Speech and told me invectively enough amongst other things there remained no more now if he pleased but to cause the Provost Martial to do Execution But withall added That for matter of Life he would supplicate His Majesty And I think he said he would rather lose his Hand than I should lose my Head which I took to be the highest scorn to compare his the Lord Deputies Hand with my Head I said I never did and hoped I never should endanger my Head by Offending His Majesties Laws I was hereupon commanded to be taken to Prison by the Constable of the Castle who took me thence away what past in the time of my absence I knew not but the Articles I was charged with breach of were not declared nor I urged to Answer if I had I could have Answered I knew of no such Articles nor ever saw them till Iune 1636. published by his own Authority and made in time of War And though made for regulating of the Army yet were never put in practice And on a Conference with some of the Council of War I was informed they differed in Opinion amongst themselves and some moved both the Articles might not be pressed And his Lordship Answered he would have both or none Being asked on my Lord of Straffords motion how long after the Sentence given he remained a Prisoner in the Castle I was Committed the 12th and remained until the 18th and was not released by any Favour of my Lord Deputy but on a Certificate of the Physitians and that not admitted but upon Oath That I was in peril of my Life and a Petition drawn by them that had more care of my Health than my self being so afflicted in body and mind with the high Injustice and Oppression I had that I was extreamly ill and was then remitted on Security given by the Chief Justice in 2000 l. Bond to be a Prisoner Being asked on the Committees behalf whether he was not taken to Prison again and how long he continued in Prison for this Cause I continued at my House and was very ill and after that several times was called to the Council-Table by my Lord Deputy and an Information exhibited in the Star-Chamber for pretended Crimes which I shall ever desire to Answer in any publick Legal Judicature rather than live And I was imprisoned again the 11th of April being sent for to my House and found with my Counsel about me preparing my Answer in the best manner I could and the Advice was I should demurr to that Information because I stood under the Sentence of death I was carried by the Constable to the Castle and brought before my Lord Deputy and the said 11th of April 1636. was committed close Prisoner and there continued till the second of May And I knew no other cause but that I had as he said neglected the Kings Grace and had sent my Wife into England and transgressed a Proclamation To which I answered I had not transgressed it that my Wife was full of Grief at my Calamities and I had sent her to save my Life Then my Lord Deputy told me that I had refused the Kings Grace offered me in not accepting his Pardon which I thought not Legal for me to take And thereupon Committed me Being asked on the Lord Lieutenants motion whether the Council were not present He Answered Some of the Council were present but my Lord Committed me the Council not speaking a word Being asked again about the time of his Commitment I was first Committed the 12th of December let go the 18th to my House Committed again the 11th of April put out the second of May I was then in great Extremity and admitted to my House again where I lay in a long continuing sickness and under the hands of Physitians And the 30th of Ianuary afterwards because I sued not out the Pardon was imprisoned again and there continued till March 1637. The Lord Dillom was called and after some exception taken by my Lord of Strafford to the examining of him because he might speak things that amount to an Accusation of himself the same was over-ruled
the Committee for the Commons declaring that they would make no use against him of any thing he should speak concerning himself His Lordship was thereupon Sworn and asked what my Lord of Straffords carriage was at the said Sentence not accusing himself He Answered That he was present at the Council on Summons to be there and the Council being set as a Council of War my Lord of Strafford did shew what they were called for and did set forth some Injuries he conceived done him by my Lord Mountnorris Upon that my Lord Mountnorris was spoken to and much interlocution there was before he would say he did speak the words or deny them and after much debate to and fro the Witnesses were called in my Lord Moore and Sir Robert Loftus and they did testifie the words in the Charge upon Oath much debate there was to call every particular to remembrance he cannot at this present but as near as he can he will that was before my Lord Mountnorris withdrew and after his withdrawing and some Speeches to the Council of War they came to Voting and in the Voting there was never a man to his remembrance in giving his Vote on both Articles but did profess he gave it in a confidence that there should be Mercy extended to my Lord Mountnorris and with an Intercession that he might find Mercy from His Majesty And when the Votes were all past my Lord of Strafford stretched forth his right Arm and protested he had rather have his Arm cut off or lose his right Arm than my Lord Mountnorris should lose a hair of his Head or a drop of his Blood for that cause and that he would write to His Majesty to supplicate Him for Mercy Being asked on the Committees motion whether my Lord of Strafford did not publish he had acquainted His Majesty with it and they were called together to give Reparation of some Injuries done to himself He Answered My Lord made a long Speech at that time setting forth the Charge and making mention of His Majesties Letter and His Majesties Letter was read and he did understand by my Lord Deputy it was to give Reparation but the particular words on his Oath he doth not remember Being asked whether some of the Council moving they might proceed on the Article that did not extend to Life my Lord of Strafford did not reply Nay both He Answered That he remembers very well it was proposed to the Council of War that they were to judge on both Articles And being asked by whom He said he will Ingeniously answer he believes my Lord of Strafford did but specially to say who or in what manner he cannot Being asked whether the Evidence given against my Lord Mountnorris was not written in a Paper drawn out by my Lord of Strafford and that the Witnesses referred to that wholly He Answered He did see a piece of Paper in my Lord of Straffords hand and believes it was some note for his remembrance what it was he knows not and when the Witnesses were brought in there was a paper to which they had set their hands of the words spoken Being asked other questions successively touching the pressing of the Councels proceedings on the Article only that touched not death and whether my Lord of Strafford wished them to proceed on both He Answered He remembers it not so prest on that occasion nor doth he remember whether such a Provision was made That the Proceedings should be on the Article that touched not Life Being asked whether any beside my Lord of Strafford moved they might proceed on both Articles He Answered He remembers in the debate the manner of proceeding was spoken of and to his best remembrance by the Discipline and Rule of the Army it was said he was to be proceeded against on both Being asked on my Lord of Straffords motion whether the Earl of Strafford did not in plain and direct terms say He would not be a Judge in that Cause nor give a Vote by any means He Answered He remembers he gave no Vote and being more than five years since the special words he doth not remember but in general after he had set forth the Injuries done to himself he profest he would give no Vote but left it to the Council Being asked on the Lord of Straffords motion whether he did not desire the Council of War but to proceed as to any other Officer in the Army and what Sentence they should give he would not take ill He Answered When my Lord Mountnorris was withdrawn he spake not a word but did when he came in again He doth not remember the words Being asked whether the Army was not a great part of it in Dublin and in motion and daily exercised when the words were spoken by my Lord Mountnorris He Answered He cannot tell precisely whether the most part was there but there was a part of the Army there and they did exercise Being asked on the motion of the Committee whether the Sentence he approved so well of he thanked them for it He Answered That he doth not remember any special words but he thinks in Civility he would do it Being further asked whether after my Lord Mountnorris was withdrawn my Lord of Strafford did not continue in his place and sit at the Table end amongst the Council He Answered I do really believe he did so The Lord Strafford confessed he did when the Votes were delivered but desired the Lord Dillom might be asked whether he sate only as a party not as a Judge and sate bare through the whole proceeding of the Cause He Answered He doth not remember it particularly whether he sate bare all the while for it is long ago and he did not heed it The Lord Ranulagh being asked whether he was present at the Lord Mountnorris his Sentence and whether my Lord Strafford declared they were called together to give satisfaction for Injuries done him by my Lord Mountnorris He Answered That in this particular my Lord of Strafford was Nobly pleased to mention his tenderness of my Lord Dillom least he should be his own accuser He was pleased to mention something the other day wherein he had tenderness of him That he shall be as little fearful to speak the truth in this Cause as in that having been required by their Lordships as presuming he hath done nothing but what he may justifie That for that particular question he hath been heretofore examined in some particulars of it and shall now with the best of his memory repeat and offer to their Lordships according to his weakness every passage in it That he was summoned to appear in the Council-Chamber and as he takes it it was December 12. 1635. That being there my Lord sate in a Council of War and he amongst others having the Honour to wait on him my Lord Mountnorris's name being mentioned after he was set at the Board arose and stood as near my Lord Deputies Person as was fit
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
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
to the destruction of the Law he flies to the Kings Prerogative for shelter That to mention the Kings Prerogative in the face of the Peers of the Realm and in presence of all the Commons when he is charged with an Exorbitant proceeding to the Subversion of the Laws is but to cast a Scandal upon the Kings Prerogative and to make it have a worse relish whereas the Law supports the Kings Prerogative and the Subject supports it When his Answer is charged not to be according to Truth he casts a Gloss upon it from the easiness of his being mistaken whereas when he is able to justifie it he glories in it as that whereto he must stand or fall That the Letters Patents which my Lord of Strafford produces rise in Judgment against him for the King hath trusted him ad custodiendas leges Regni and therefore if he hath broken through them he hath broken his Trust. He says It is strange the exceeding of Jurisdiction should be laid to his charge as Treason He is charged with the Subverting of the Law and that 's more than the Exceeding of a Power He read the Instructions to warrant his Act and by these the Commons desire to be judged whether they do not in the Negative say there shall be no such Proceeding before the Deputy and yet he will imply there have been proceedings to the contrary which we cannot see He justifies his Proceedings by former Deputies and hath produced Henry Dillon who hath seen several Proceedings in Sir Henry Bagnalls time and others where Orders have been made by the Deputy alone but the Orders themselves are not brought whereas if they were looked on and consideration had what results out of them their Lordships would not have suffered them to be read without Attestation that they were true Copies But now whether they be entred or no or what other Proceedings there were the Witness doth not know and therefore they are no Evidence nor in truth ought to be offered And the Witness being asked what the Orders were he says one was a Reference and whether Witnesses were examined he says he doth not know He produces my Lord Dillon and we offer to be adjudged by him for he says He knew not any Deputy before my Lord of Strafford that hath intermeddled with matters of Land except in Plantation and Church Causes and this Order is charged to be made by him alone He pretends this is a Court and a Prerogative of the Sword We know not whether my Lord of Strafford intends to keep it by force but whereas he produceth a Commission for giving Oath to the Clerk of the Council this Commission needed not if it were a Court for the Court it self would give an Oath and whereas he mentions it to be in the nature of the Court of Requests we would gladly know whether there be not Authority in the Judge to give an Oath He produces several Orders in my Lord of Faulkland's time The first is expresly for Plantation Lands and there was no determination in Equity or otherwise The second Order he produced in my Lord Faulkland's time was a meer Green-cloth Case and nothing to this purpose The third Order produced was in a business recommended from England to my Lord of Faulkland and such Causes as are out of the Instructions excepted The Order in the Lord of Corke's time was but an Order of Reference to the Archbishop and a Reference is no Determination a private person may do as much So that we observe nothing hath been offered to prove that a Deputy alone hath determined matter of Possession and in this we rest with confidence That none ever did before himself and shall therefore desire the Examination of some Privy-Counsellors He produced a Letter from His Majesty to proceed in such Causes But if by Law it ought not to be then a Letter and Authority derived thereby is void and warrants not Proceeding in the Subject the Letter was as just as might be being obtained on his Information to whose Government and Trust His Majesty had committed the Kingdom and if he mis-inform he must Answer it And the Letter is written with caution giving Authority to proceed in matter of Equity as former Deputies had done and if it be not proved that his Predecessors had used such Proceedings where is his Authority He says he hath proceeded according to the direction of the Kings Letter that is he never determined Title of Land but in Equity and when such Causes have come to him he hath referred them to Law which we are forced to disprove that by offering it under his own hand that whereas a Nobleman of the Realm my Lord of Baltinglas had mortgaged to Sir Robert Parkhurst for 3000 l. Land of a 1000 l. year when Sir Robert had Title at Law and might as Mortgagor have entred after the day past Sir Robert prefers a Petition to my Lord of Strafford himself and he without the Council determines the Possession and takes it from the Mortgagee and afterwards he purchases the Lands himself and letts them for 680 and odd pounds a year For my Lord Mountnorris his Imprisonment the Manager said That when his distressed Lady the Mother of Twelve Children Petitioned His Majesty declaring the great Distress her Husband suffered by the Tyrannical Power exercised over them His Majesty like a Gracious Prince referred it to the consideration of the Deputy That on submission he should deliver him out of Prison But when the poor Lady presented it with Tears in her Eyes and cast her self at his Feet though there was a Reference from His Majesty yet he that would at another time shelter himself under the Kings Prerogative refuses to give so much Respect as to entertain it and when the eldest Son came refused to accept it Another of the Managers added That whereas there is a restriction in the Kings Letter That the Earl of Strafford should not meddle with any thing in other Courts they would shew that after two Decrees in a Court my Lord hath on a Petition Decreed quite contrary and it was no Beggars Cause but a Knights and 5000 l. value That to the Kings Letter they will give all Reverence But if my Lord of Strafford had found such a constant practice to be proved he needed no Letter to set up the Jurisdiction that was in him before That this Letter under the Signet can give no Countenance against an Act of Parliament which Orders That the Deputy shall not meddle with Causes but remit them to their proper Courts and no other Exposition can be given of the saving of the Kings Prerogative but only a reservation of His Liberty to Sue in any Courts And for him to seek by mis-information to procure a Letter from His Majesty for a Power not warrantable by Law he conceives it an Abuse of His Majesty and that makes his fault the greater and he instanced in the Marquess of Dublin who for procuring
Letters Patents under the Great Seal to exercise a Power against Law was complained of in Parliament and had Judgment for it among other things of High Treason They proceeded to Proof And first The Earl of Corke being asked whether before my Lord of Straffords time he hath known the Deputy or Justices alone determine any matter of Land in Equity or otherwise He Answered He remembers not any except in cases of the Church and Plantation The Lord Ranulagh being asked to that point Answered Never any to his knowledge having been of the Table two and twenty years Sir Adam Loftus being asked to the same point Answered He remembers not any having been a Privy-Counsellor 20 years The Lord Mountnorris being asked to that point Answered He never knew any having been a Privy-Counsellor since 14 Iac. and lived in Ireland 38 years That he was there all the time of my Lord Chichester or very near and was so acquainted with his proceedings that he dare engage himself for all he is worth that the Lord Chichester never put any such Order under his hand The Earl of Bath Sworn and asked to that point Answered That he hath often heard the Deputy in cases of Debt for relief of poor men hath proceeded alone but in cases of Land he never heard of any To take off Henry Dillon's Testimony the Manager alledged That he had been Sentenced at the Council-Board for speaking untruths My Lord of Strafford desired the Exception might not be made some Exceptions by him made to Witnesses against him being not admitted and that there might be unum pondus una mensura The Manager Answered In eodem genere Mali. This Exception is not for Extortion or collateral matters but for Perjury Thereupon his Acknowledgment was read wherein he confesses he had highly transgressed against the Honour of His Majesty and the Board in presuming to declare apparent untruths And that such an Acknowledgment was made was testified by Sir Adam Loftus and likewise by the Lord Dillon who shewed their Lordships the occasion thereof To the matter of my Lord Mountnorris his Imprisonment it was offered under my Lord of Straffords own hand to shew that it was partly upon the Sentence December 24. 1636. My Lord of Strafford not denying it to be his hand it was read being a Reference upon my Lord Mountnorris his Petition and in substance as followeth That for the Petitioners restraint more than twelve months he hath no body to blame but himself that hath all that space lain under a deserved censure of the Council of War and stood in Contempts and trifled with the Court of Castle-Chamber That His Majesties removal of the Sentence hath been often signified but never sued forth That the Petitioner did to the same effect Petition the Lord Deputy in May last and therefore all the Answer that for the present can be given is that his most gracious Pardon seeks no man nor can His Majesty remit all of that Sentence to be applied to the Petitioners benefit till by his humble suit he procured His Majesties Pardon under the Great Seal c. which taking the usual way and humbly acknowledging the justness of that Sentence he may have c. A Petition was then read directed to the Earl of Strafford from my Lord Mountnorris Praying a Warrant for a Pardon under the Great Seal according to the Law and the purport of His Majesties directions if his Lordship shall conceive His Majesties Letters on which the Lord Mountnorris relied as sufficient did not amount to a Legal Pardon Then was read my Lord of Straffords Answer Dublin Ianuary 30. 1636. When the Petitioner shall prefer his Petition for the said Pardon acknowledging the justness of the Sentence pronounced against him by the Council of War we shall take his Request into our further consideration Wentworth Whence one of the Managers observed That the King directs a Pardon to be drawn and till the Sentence be acknowledged to be just no consideration shall be taken and that the Preamble of the Pardon recites as much and he would not suffer it to be Sealed till this Acknowledgment passed Then was produced the Lady Mountnorris her Petition to His Majesty referred to the Lord Strafford Mr. Anslowe Sworn attested the truth of the Copy and it was read Setting forth her Sorrow on behalf of her Husband suffering in Honour Health and Imprisonment for a word mis-interpreted and still pursued in the Castle-Chamber and humbly praying a Command for his coming into England c. His Majesties Reference to my Lord of Strafford Iuly 18. 1636. His Majesty is pleased That on such a Submission as the Lord Deputy shall approve of he shall have his Liberty to come into England wherein the Lord Deputy is to take notice and to give Order therein accordingly Mr. Anslowe being asked whether this was brought to the Deputy by the Lady Mountnorris and whether he did not reject it He Answered That he was by when my Lady Mountnorris presented the Petition she was humbly on her Knees to desire my Lord of Strafford to receive it And he refused absolutely to receive it from her They then produced the Order in a Cross Suit in t Robert Parkhurst Plaintiff and the Lord Baltinglasse al. Defendants Et e contra The Order was read whereby certain Lands for 3000 l. paid at several times to the Viscount and 300 l. more to be paid afterwards were setled with Sir Robert Parkhurst William Brettergh Sworn was Interrogated touching my Lord Baltinglasse his Possession of the said Lands and his dispossessing thereof He Answered That he was Sollicitor for prosecuting of this Cause and made Defence of it in behalf of my Lord of Baltinglasse being then in England But at the time of the Decree his Lordship was come over That his Lordship never made Answer to it but when the Cause came to hearing my Lord of Strafford ordered the Possession of the Land against my Lord Baltinglasse and the Possession before was in one Grimble who was Tenant And that he could speak many other things concerning the carriage of it Mr. Glyn desired the Witness might be examined touching my Lord of Straffords purchase of those Lands and offered the Articles whereby my Lord of Strafford leased the Land for 28 years and at 666 l. per annum My Lord of Strafford confest thereupon that he had it but it was in Trust for a Noble Person The Manager observed That whether it was for a Friend or himself it is equal for a man will do a courtesie for his Friend as soon as for himself And so he concluded his Reply hoping that their Lordships were satisfied that he hath introduced an Innovation and being so that he hath exercised a Tyrannical Power over the Estates of His Majesties Subjects To such parts thereof as was new matter my Lord of Strafford replied in substance as followeth
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
busie and could not attend it That they desired Hibbots might be examined and they would be bound by his Oath and his Lordship granted a Warrant for it and Mr. Hibbots was almost examined for on a Council-day the Order was given to the Deponent But that very Afternoon my Lord-Deputy came to the Council-Board and as soon as he was sate spake to this effect Here is a business concerning my Lady Hibbots prosecuted with a great deal of Violence that ever I knew and an Order procured for the Examination of the Plaintiff but if any such Order be or Examination taken I will have it damned and this is as much as he can speak Being asked Whether my Lord of Strafford did not threaten my Lady Hibbots with Imprisonment till she performed the Order He Answered That on the first of Ianuary after the Decree my Lord-Deputy sent to the Lady Hibbots house to require her and him the Deponent to attend him which they did accordingly and were called into his Chamber where was Mr. Sambridge of Council with Mr. Hibbots a Sister of the Deponents he the Deponent and some others That my Lord-Deputy asked them Why they would not perfect the Re-assurance according to the Order to which the Deponent offered some Exceptions drawn up by the Council alledging that they could not possibly perform the words of the Order and that they might perform them as near as might be they shewed a course that might be observed but my Lord-Deputy said He would not be cavil'd withall he would have the Order of the Board obeyed and since they juggle thus his Lordship said He would have the Orders drawn up and tendered and that if they will not perform them he will commit them to the Castle where they shall lie a month at that months end he will send for them to the Council-Board and tender them again and if they would not perform them he will Fine them 500 l. and another months Imprisonment and then tender them again and if they will not perform then he will Fine them 1000 l. and another months Imprisonment and so from time to time till they had performed the Orders of the Board Being asked Whether these Lands were not purchased in the Name of Sir Robert Meredith and others and to whose use He Answered That he hath the Deeds of the Land himself and what the Dates are he doth not remember But he knows the Lands were purchased in the Name of Sir Robert Meredith and others but he cannot speak to whose use but from Sir Robert Meredith's own mouth for when he the Deponent paid 7000 l. to him he the Deponent was telling him the great advantage he made by this Bargain In truth saith Sir Robert the advantage is nothing to me I receive it with one hand and carry to the Castle with the other That the beginning of December last Sir Robert sent for this Deponent and told him He heard he was coming over to complain of such a matter but desired him the Deponent not to trouble him for he protested seriously he had nothing to do with the business his Name was only used as Sir Philip Persivals and Sir Robert Loftus it was meerly to my Lord Lieutenants use The Manager observed That when their Lordships have heard this they will not wonder at the next Witness they shall produce that a Supream Judge should perswade to continue a Suit which he would have withdrawn and that notwithstanding the major part of the Board was against the Petitioner yet the Order was drawn for the Petitioner Mr. Hoy being asked to the matter of the Vote He said He was withdrawn when they gave their Vote but a noble Member of the Board came to his Mother to Supper and named to him the Deponent every man that Voted for and against her that he writ down their Names at that time and there were twelve Votes for her and nine against her that he the Deponent was afterwards informed by another then at Board that the major part of the Board went for his Mother Thomas Hibbots was sworn and being asked Whether there was not a Petition preferred to the Lord-Lieutenant there for breaking off the Bargain between himself and the Lady Hibbots and answered before he knew of it He Answered having the Questions dictated by the Clerk being an old deaf man That he caused a Petition to be drawn but not this that this Petition he knew nothing at all of that he wished a Petition to be drawn by Mr. Sambridge but it was only that he might have his money and go into his Country Being asked Whether after the Petition drawn and answered he did go to Sir William Parsons and desired to be quit of the Suit and that he went thereupon to Sir George Ratcliffe and what passed He Answered He sent to Sir William Parsons and he sent him to Sir George Ratcliffe and Sir George Ratcliffe said He should not be dismissed from the Board Being asked Whether my Lord of Strafford did not send for him and tell him 500 l. more in his purse would do him no harm He Answered It is true my Lord wished him to go on with his Suit at the Board and that no man in Ireland should do him wrong and it would do him no harm to carry over 500 l. more Being asked What Sir Robert Meredith said to him He Answered That he would bring all the Writings to him the Deponent Being asked on my Lord of Strafford's Motion what Fees he laid out He Answered 40 l. to Mr. Sambridge and the Manager observed he was preferred presently after the Bargain was executed Being asked What words were used to the Lady Hibbots He Answered That my Lord-Deputy asked Will you not perform the Order If not by such a day I will send you to the Castle and there you shall lie a month and at the months end you shall be brought to the Board and have 500 l. laid on your head and at another months end 1000 l. more Fine and you shall go back to the place again and after that a third months Imprisonment and your Fine increased your Estate I know is very great and if it were ten times bigger than it is I will make it crack To prove that the major part of the Board was against the Plaintiff The Lord Mountnorris was asked Whether he was present at the Council-Table at that time when this Cause was agitated and which way the major part of the Votes went at that time He Answered He was there present and the major Vote went for the Lady and there were 12 or 11 he cannot possibly say which though he took it then perfectly into memory on one side and nine on the other side The Earl of Corke asked to the same purpose He first made an humble Suit to their Lordships that he might not be produced as a Witness against the Prisoner His Reason is That when he hath delivered
a true Testimony my Lord of Strafford presently pursues him and lays Imputations and scorns upon him and therefore humbly prayed to be spared else that he might have liberty to justifie himself Whence the Manager observed What it is to fall on Witnesses persons extravagantly when they produce them and therefore desired my Lord of Strafford might forbear it being a great disheartening to Witnesses My Lord of Corke added That my Lord of Strafford accused him to have a Pardon whereas he knows he hath none That he is an honest man and wishes my Lord of Strafford could leave the Kingdom with as much Reputation as himself had left it And for the matter demanded his Lordship said He was at the hearing of the Cause and Voted against the Plaintiff but whether the major part Voted against him or no he knows not Being asked What words my Lord of Strafford said about making a party in that Cause He Answered That he thinks he spake these words He did not think there would have been a party against him for if he had he would not have brought it to that Table for the Petition was preferred to himself Sir Adam Lofius being asked What Sir Robert Meredith told him of his part in the Bargain He Answered That he heard him say He had no Title or Interest in it but only his name used in trust but for whom he did not declare and that was all he said to him The Manager added That they have another Witness to prove that of the majority of the Vote my Lord of Ely but he is sick And so the Manager summed up the Evidence and observed it to be something that my Lord of Strafford should pitch upon the very sum of 500 l. that Mr. Hibbots had by way of increase That the Order was made with an examination of Witnesses on pretence of Fraud where the Lady denied it on Oath and that though it was so great a fraud in the Lady to procure a Reversion for 2500 l. which was sold for 3000 l. and afterwards re-sold to the Lady for 7000 l. and so concluded that it is an Arbitrary Government drawn into my Lord of Strafford's own breast and the Inheritance of a great Estate taken from the King 's Subject without Rule of Law there being a Fine levied but being not retorned as the Commissioners are bound to retorn it he made an Order it should not be retorned and a Lady threatened with doubling and trebling the Fine and one of the Feoffees Sir Robert Meredith confesses it was for my Lord of Strafford And to prove that Sir Philip Persival acknowledged so much Mr. Fitzgarret was Interrogated What Sir Philip Persival said who thereupon answered That Sir Philip had often told him the Purchase was to the use of my Lord-Deputy now Earl of Strafford That he hath had occasion of Conference with him about the Estate and hath sometimes discoursed with him concerning the Estate wherein his name was used That he the Deponent might understand how far it concerned him telling him that the Estate would one day be questioned And Sir Philip protested he never knew of this business till his name was put into it and he came to Seal the Writings and that it was to the use of my Lord-Deputy Some Questions arising about the number of Hands to the Order being in all 14. The Manager observed That more have subscribed than those that gave their Vote being a Cause introduced by my Lord of Strafford That all subscribed the Orders as well those against them as those for them and Appealed therein to my Lord of Cork The Course being when an Order is made to bring it to the Table another day and take all the Hands of them present and he added That their Lordships that are Counsellors know that Course to be used here My Lord of Corke being asked to that Point Answered That he knows nothing of it The Lord Primate of Ireland his Examination was offered and was admitted accordingly to be read being taken 30. March 1641. To the fourth Inter. That when the Major part of the Council-Board go one way and the Minor part another way when the Order is drawn up the Minor part Signs it as well as the Major The Lord-Deputy alledging it to be the practise of the Council of England and he himself had done it but before my Lord of Strafford's coming he never knew it to be so Lord Renula being asked to the same Point Answered That he doth not remember that Order to be of force there till of late years and that my Lord of Strafford hath declared to them that it is the practise of England and when the Major part doth subscribe though others be of different Opinions they are involved in it and must subscribe The Lord Savil desired he might be asked Whether he ever knew that when the Major part did Vote against an Order they did subscribe it The Manager answered That that 's their grief and though there be no such Course yet if it concern my Lord of Strafford he will make it a course Lord Renula being asked Whether he were present at the Council-Table when this Vote was given and what he heard concerning the Vote He Answered That he was not there and he heard very little of it that the most he heard of it was since the coming of this Gentleman Mr. Hoy into England and that to his best remembrance he heard Sir William Parsons now Lord Chief Justice say He was informed the Major Vote went against Sir Robert Meredith And so the Manager concluded the Charge as to the Eighth Article saying That here is a Proceeding for a Free-hold contrary to the Fundamental Laws of the Kingdom contrary to the Instructions in the manner and measure as their Lordships had heard My Lord of Strafford after some time given for the re-collecting of his Notes began his Reply in substance as followeth I will with your Lordships noble permission justifie my self against the Charge of High-Treason exhibited against me Having been blamed by the Gentlemen at the Bar for going to matters not pertinent I shall henceforth keep my self to that within the Charge trusting that the things wherewith I am not Charged shall not dwell with your Lordships to my prejudice but that your Lordships will in your Nobleness and Justice reserve to your selves till in its proper place and kind I shall Answer thereunto conceiving that I am to Answer only to Treason not to Misdemeanor The Charge opened is a Decree given by the Deputy and Council of Ireland to the subversion of the Fundamental Laws and to the bringing in of an Arbitrary and Tyrannical Government Whether it be so or no or whether by any manner of Construction it can be brought as an Argument to convince me of High-Treason I conceive I am to Answer Whether the Decree be in it self just or unjust is not the question but
Charge in a proper way I shall give such satisfaction as to clear my self of the least Fraud or Deceipt to my Master and in the mean time I know your Lordships are so just as not to prejudice me in this matter I will now shew how I came into the business of Farming the Customs not voluntarily or upon my Suit nor did I ever intend it but was commanded and enforced to it and came in meerly for the doing of the King a Service and if it prove a Bargain of advantage I never knew the making of a good Bargain turned on a man as Treason It was justly fairly and honestly procured and prove it never so beneficial that can never make it a Crime His Majesty hath been from time to time acquainted with the increase of this business most exactly and truly it rising indeed beyond all imagination the Customs when we entred on them being but 12000 l. per annum and now your Lordships see what is proved and may judge with what truth they inform in the Remonstrance out of Ireland that Trade is decayed On their own shewing by the Testimony of my Lord Renula and others it appears that when they were Farmers there was 6000 l. paid to the King and a Devident of the other moity which came to 3700 l. So the whole value of the Customs was then 13400 l. His Lordship desired that my Lord Cottington might be asked a few Questions Lord Cottington being asked Whether in the Seventh year of the King there was not a Bargain concluded by the late Lord Treasurer the Earl of Portland with Captain Williams Captain Henshawe and others for the Customs of Ireland paying 15500 l. Rent and 8000 l. Fine His Lordship Answered That he conceives my Lord of Portland rested satisfied that he had made that Bargain for the Rent and Fine and that he so understood it as to acquaint His Majesty with it and understood it to be a very good Bargain Being asked Whether did not Williams afterwards relinquish the Bargain His Lordship Answered That he well remembers he did refuse it and he thinks he refused it because Henshawe was the chief man in it and he died and thereupon Williams flew off And that my Lord of Portland was very much troubled because Williams and the rest fell off as he remembers Being asked Whether after they had given it over any body would give so much as they offered He Answered He thinks there was no body that came near it at least he never heard so Being asked Whether after it was so left it was not undertaken by Sir Arthur Ingram and his Partners on the very tearms that Williams refused it paying only 100 l. a year more Rent He Answerd It is very true Sir Arthur Ingram and divers Partners by his procurement paid 100 l. more Rent and as he takes it the same Fine but for a quicker time for the first men were to have time and Sir Arthur Ingram was to pay it all in ready money My Lord of Strafford here added That Henshawe and the rest having given over the Bargain himself went to my Lord at Rohampton and found that these other Partners that had it afterwards would undertake the Farm if he the Earl of Strafford would be a Partner with them which was a thing he never intended but refused Therefore on his Lordships Motion Lord Cottington was further asked Whether being moved by my Lord of Portland to come into the Farm he the Earl of Strafford did absolutely tell my Lord of Portland that he would not meddle therewith not knowing how it would be interpreted that he being the King's Deputy should be a Farmer His Lordship Answered That he well remembers my Lord of Portland did conceive that to draw in these later Farmers it was very necessary and all the Succor they had to have my Lord of Strafford a Partner in it because they conceived they should thrive in the Bargain if he having so great a Power were a Partner so it lay on my Lord of Portland to perswade him to yield to it and my Lord of Portland told him That if my Lord of Strafford would do the King that Service he should not lose by it And though my Lord of Strafford was unwilling to come in for a part yet at last he did and his coming in drew in the rest as he the Lord Cottington thinks And further that my Lord Portland told the King of it and prepared the King to command him for the making of the Bargain depending on his taking of a part My Lord of Strafford here observed That he humbly conceived the Goodness and Grace of the King and the love of my Lord of Portland was such at that time that they would not have brought him into a business that should be laid to his Charge as Treason Lord Cottington being on Mr. Maynard's motion asked about the time whether it was 7 Car. His Lordship Answered That he must refer himself to the Grant for the Lease my Lord of Strafford shewed did follow immediately after Sir Arthur Ingram being on my Lord of Strafford's Motion Examined to divers of the Points before proposed to the Lord Cottington He Answered He conceives there was a Bargain made by my Lord Treasurer and my Lord Cottington with Williams and Henshawe for 15500 l. a year and as he conceives 8000 l. Fine and this was under their hands in Writing as he heard That he knew nothing that my Lord of Strafford was to be a Partner or to have any Interest in it That he conceives Williams did clearly refuse it after Henshawes death what other Reasons he had he knows not That he cannot tell nor doth remember that my Lord of Strafford used means to perswade Williams to stand to that Bargain but certainly Williams was perswaded much by my Lord of Portland Being asked Whether it was so left by Williams did not he and his Partners undertake the Farm He Answered That he was several times offered to come into that Farm and from time to time refused it That Williams pressed him exceeding much and others before him and he was moved to it by one Cogan but refused it That the truth is his Son Arthur Ingram was Partner in it and there came in my Lord Mountnorris Sir George Ratcliffe and one Cogan that they laboured much he should take the Farm and he had much ado to be brought in Being asked Whether these came in upon the same Tearms offered to Williams He Answered It will appear on the Warrant to the then Attorney Sir Robert Heath that they paid 15500 l. Rent and 8000 l. Fine and whereas the Officer should have paid it at six and six months these were to pay ready money Being asked Whether he had moved my Lord of Strafford to be a Partner in it He Answered That he doth not remember he ever said so but it might much encourage him to come in if
turned over to Mr. Ralton my Lords Agent and must give Bond to repair and make his appearance in Ireland Before that Bond was discharged he did return and after his return he Petitioned to be Discharged of this Bond he conceiving he might come over without Licence having no Estate nor Office in Ireland yet notwithstanding he was Sentenced Fined and Imprisoned It is true the Cause expressed in the Sentence is Because he went away not being Examined and the Sentence expresses That he is not Fined for coming without Licence but because he came away without being Examined Henry Parry Sworn was Interrogated Whether the Copy showed unto him was a true Copy of Secretary Cooks Warrant He Answered That he examined it with the Original The Warrant was Read THese are in His Majesties Name to will and Command you to make your present repair to any place where you shall understand of the of Henry Parry Gent. lately come out of Ireland without Licence and by Vertue hereof to take him into Custody and keep him safe till you hear from me Greenwich 20 June 1633. To Thomas Welch Messenger of the Kings Chamber Henry Parry being Interrogated What were the Proceedings with him about his Examinations in Ireland before his coming over And What was the whole Process of the business He Answered That 21 April 1638 my Lord of Ely then Lord Chancellor his Lord and Master was Committed to the Castle of Dublin and no sooner Committed but he the Deponent was sent for to the Council Board and an Oath Administred to him by the Clerk of the Council on my Lord of Straffords direction That thereupon his Lordship Interrogated him Where the Great Seal was He answered his Lordship That he knew not where it was unless it was with my Lord of Ely And after his Lordship had Examined him to that he Commanded him to attend the Iudges the next day to be Examined on some Papers of his the Deponents which his Lordship had seized and brought to the Council 〈◊〉 and thereupon he was dismissed at night That Monday next this being Saturday he attended the Iudges alone to be Examined and attended not only that day but five dayes more from thence to Saturday That on Saturday my Lord of Ely told him He had occasion to send him over into England and desired him to go That he did come away with some Letters from his Lordship to some of his Lordships Friends here And as soon as he came here with Instructions from his Lordship the Instructions were given to his Lordships Friends to Sollicite His Sacred Majesty for his Relief and Enlargement out of Prison and he continued a matter of two Months or thereabouts and on that one Thomas Welsh by Vertue of Secretary Cookes Warrant attached him and kept him in Restraint about three weeks At the end of three weeks he was sent for to Mr. Ralton who told him It was Secretary Cookes pleasure he should enter into Bond to go into Ireland else he should be sent by a Messenger That he the Deponent Answered He could not pay a Messenger but if he could not get leave to stay he would enter into Bond to go to Ireland That Mr. Ralton took a Bond to appear the 10 th or 12 th of August following this being in Iuly 1638. That he came into Ireland according to the Tenor of his Bond. That my Lord of Strafford being to go into the Country he presented himself before his Lordship in the Gallery at the Castle and acquainted his Lordship that he was there to attend his Lordship according to the Tenor of the Bond. His Lordship Asked him Who took his Bond he acquainted his Lordship That it was his Agent Mr. Ralton His Lordship Asked What Warrant had Mr. Ralton to take Bond of you He the Deponent acquainted his Lordship He did not know any Warrant he had but he said He had direction from Secretary Cook My Lord Asked further Where he took the Bond if at the Signet-Office No said he the Deponent It was at his own house My Lord Answered That he the Deponent might do well to attend at the next sitting of the Council-Board And that he the Deponent going away his Lordship called him back and said Methinks Mr. Parry you are much Sun-burned the weather is very hot in England He the Deponent Answered again The weather is very fair His Lordship Interrogated him Where my Lady Moore was and How she did He the Deponent acquainted his Lordship She was in England Here my Lord of Strafford interrupted him Asking If this was to the Business but having direction to go on He Added That my Lord Asked him Why he did not stay abroad to help my Lady Moore to spread abroad her Malice against him my Lord of Strafford to which he the Deponent said He could say nothing and so was dismissed That afterwards he attended with a Petition of my Lord of Ely's and that my Lord Asked him Where his Petition was He said He had not any but presented his Person His Lordship told him That it was Councel-Board-day for Petitions and wished him to come some other time yet after was called back and had an Answer to the Petition That the Tuesday following as he takes it he appeared before his Lordship again without any Petition not knowing any cause he had to Petition That the next day after he Petition'd and on Reading his Petition the Constable of the Castle was called and thereupon he the Deponent was Committed and Censured as he was told the next day 500 l. That his Lordship Declared the Order of the Board That he the Deponent was Fined 500 l. Bound to his Good Behaviour Committed to the Castle of Dublin and to Acknowledge his Offence at the Board and to Mr. Ralton and there he continued in Prison and was utterly Ruined Being Asked Whether he was heard to Answer in the Cause or Whether he was Examined after his Return He Answered That he never put in Answer in Writing nor was there any Petition against him but only his own Petition nor further Required to be Examined from that day to this Being Asked How much of his Fine he paid He Answered That before he could see his Order he was fain to pay Sir Paul Davis 45 l. and when he saw his Order for reducing it for it was reduced from 500 l. to 250 l. of which he paid 184 l. Mr. Palmer proceeded observing That the next thing was a Refusal of the whole Kingdom to Present their Complaints It is true said he it was not by my Lord of Strafford himself but it ensued on these Acts and Proclamations and that was hindering the Committee of the Parliament that were to come over to make a Remonstrance of their Grievances to His Majesty Sir Robert Smith being Sworn and Interrogated Whether he was imployed by the House of Commons to come over hither and Whether he was deny'd Licence He Answered That we were sent for by my Lord Deputy
this Board in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board deserves such proceedings against him as may be both Punishment to him and Example to others It is therefore Ordered That he stand Fined in 500 l. Bound to his Good Behaviour stand Committed to the Castle during the Deputies pleasure and make acknowledgment of his Offence at this Board And the Form of his Submission is set down I Acknowledge I presented a Presumptuous and Untrue Petition c. Given 30 October 1638. The Names of those that Subscribed it were also Read Whence my Lord of Strafford observed That he was not Sentenced for going without Licence but for other Causes and desired my Lord Dillon and Sir Adam Loftus whose hands are to the Decree0 might be Asked a Question or two And first to the business of my Lord of Esmond which had been forgot before Robert Lord Dillon being asked Whether he remembred any Charge laid against my Lord of Esmond for a practice against Sir Walsingham Coke whereupon being Examined And When it was He Answered That he remembred it was about that time when a Letter was written from the Judges of Assize that went the Circuit of the County of Wexford and they Reported That they had taken Examinations Whereupon it was mistrusted or at least suggested That my Lord of Esmond was to set some on to cut off Sir Walsingham Coke and this being taken into consideration it was resolved That till the Judges had determined Whether it was Treason or not he should be stayed for a time and as he takes it it was Resolved he should be Advertised into England Being Asked on Mr. Maynards Motion What time this was He Answered The Question is sudden to him but it was much about the time that my Lord of Esmond had been in Town before but he cannot expresly speak to the time But my Lord of Strafford observed That the Complaint came from the Judges of Assize when they came from the Circuit and that was alwayes about August Lord Dillon being Asked What year it was He Answered He cannot tell the year of the Lord in Terms but he remembers it was much about that time when my Lord of Esmond was Questioned and about Summer Circuit My Lord of Strafford proposing That my Lord Dillon might be Asked What he remembred of the Sentence against Parry and What his behaviour was To this Mr. Maynard excepted as not proper to Examine the Judge Whether his Sentence was just or no To which my Lord of Strafford Answered That it is as equal the Judge that gives Sentence should be Examined as the party against whom the Sentence is given That this is a Sentence for things spoken and done at the Board which stands not on such Niceties but Contempts and Misdemeanors to a Court are frequently determined without Examination of Witnesses and this is a Misdemeanor done in the place But my Lord Dillon being spared from Answering Sir Adam Loftus was Examined What he knew of that practice of my Lord of Esmond against Sir Walsingham Cokes Life And when He Answered That the first time he heard of it was upon an Information of the Judges of the Circuit to my Lord Deputy then in Ireland as he takes it and he thinks my Lord was not then in Town but sent that Information to the Council at Dublin his Lordship being then at his Countrey-house and therein some Practice against Sir Walsingham Coke of certain Rebels and Outlawes that had laid in Ambush near his house was set forth and thereupon that Letter was sent to the Council to Consider of it and take course for his Security That this was not all neither for the Examination of a Rebel in the Castle brought it home nearest to my Lord of Esmonds Case But because the Rebel was a Man of that condition it was not thought his Testimony could be prevalent against my Lord of Esmond therefore the other Witnesses were sent for to be Examined in the Cause Now this Course of Examination held a matter of three weeks or a month or thereabouts he doth not well know the time but these Men not concurring with the Testimony of the Rebel in Restraint there was no words made of it but my Lord of Esmond was dismissed and left to take his own Course The time was as he takes it in the Summer Assizes 1637 or 1638 he knows not which And this is the truth and all he knows of the business Whence my Lord of Strafford Inferred That being under that Charge of Sergeant-Major-General of the Army he denyed him liberty to go into England but as soon as he was clear he had his Licence Mr. Maynard desiring their Lordships to observe that my Lord of Strafford Explained himself thus That he thought so or very shortly after And added That the Gentleman is very quick with him being a Man of great understanding and himself a weak Man But that he means very justly and would not be taken in an Untruth and said That he hath a Servant that was with him when my Lord of Esmonds Agent came to him at his House in the Countrey And desired he might be Asked What Answer he gave him Francis Wetheringe being Asked VVhat he knew concerning my Lord of Straffords giving of Licence to my Lord of Esmond He Answered That he remembers very well that the Gentlemen were Examined before they came to Fairework-Parke while he was waiting on his Lordship at that time the Gentleman came to him and desired him to tell my Lord he would speak with him that he heard my Lord say It was concerning his Licence to repair to England and my Lord said He should have it but it was Winter time and he would let it alone till the Spring Being Asked What Month it was He Answered He could not very well remember but it was the latter end of Summer as he thought Mr. Ralton being Asked Whether the business of my Lord of Esmond and Sir Walsingham Coke were not Advertized over hither He Answered That he doth very well remember the business he being then Agent for my Lord Lieutenant That in one of his Letters or the Councils Advertisement was given of this practice against Sir Walsingham Coke and as he takes it was in Sept. 1638. or thereabouts and that my Lord was pleased to do him the said Mr. Ralton the favour to give him some passages of it Therefore my Lord of Strafford desired These things might not stick with their Lordships or the House of Commons to his prejudice when he had not Means nor Possibility to make his Defence but that in Charity they would reserve their Opinions till they sound the truth to the bottom and then he hoped he should appear an honest Man and that was all he pretended to For the Remonstrance of the House of Commons in Ireland it is no Evidence
for my Lord of Canterbury if they have examined him it was before his Charge and they shall make no use of his examination neither is he a person capable of being a Witness being now charged and in some particulars for conspiring with the Lords at the Bar and therefore they submit it whether it be convenient he should be examined though if they shall urge his Testimony it will be something and likewise their Lordships over-ruled it in Sir George Ratcliff's Case But my Lord of Strafford submitting all to their ordships good pleasure it being his part only to move as his Lordship said and do what their Lordships should in their wisdoms think fit The Lord Steward declared their Lordships pleasure that Sergeant Glanvill and the other Witnesses might be reserved to be heard to morrow viva voce and that the examinations of my Lord of Northumberland and my Lord Keeper might be likewise reserved for my Lord of Canterbury it was observed that he was examined before the Charge and that the Gent. of the Commons-House intend not to make use of his Testimony And so the Committee proceeded to the next Article Mr. Whitlock proceeded putting their Lordships in mind that they had been pleased to take a view of my Lord of Strafford's Courses in Ireland which have manifested his designe to subvert and change the Law and bring in an Arbitrary Government That his execution of that Arbitrary Power upon the persons Estates and Lives of the Kings Subjects there hath been a clear proof of this his designe They shall now proceed to show their Lordships what his designe was in England and Scotland as the same was set forth in the 20th21 22 23 and 24th Articles together with the matters contained in them they being interwoven and depending one upon the other and so are but one business My Lord of Strafford did thereupon offer that he conceived it was agreed they shoul go Article by Article that his Memory is short and his Abilities weak and if three or four be brought together his Memory will not serve him to give them that account that otherwise he should be able to do And since the order of proceeding Article by Article was by consent he besought that course might be persued not giving consent to the alteration of it But Mr. Maynard desired leave to remember their Lordships that they offered to go Article by Article till they came to some that were woven together which might change the course They find much time is lost between Article and Article and there will need no great Consideration of of these being only about words and when my Lord of Strafford stands by way of Defence he may not inform them which way to proceed and they will proceed no way differently from what was formerly proposed My Lord of Strafford humbly appealed to their Lordships Whether the Favour offered him for recollecting his Notes had spent much time and added perhaps if another man had been in his case he would have thought as long a time as he had taken necessary tho a far abler man than himself but this inverts the whole Order agreed on and brings him to a great inconvenience and therefore he desired he might Answer them single in the mannor as was agreed upon To which Mr. Whitlock Answered That if the Articles be not proceeded in together and as having relation to one another they will loose much of the Application Evidence and Proof and he conceives will be more easie to my Lord of Strafford And for the Order mentioned there was under favour no order in it but when my Lord of Strafford made the motion Mr. Whitlock said he took the boldness to inform their Lordships that he should proceed on some of them altogether which my Lord of Strafford did not deny and their Lordships approved of and according to that they desire to proceed Mr. Glyn adding That he never knew before this time a Prisoner at the Barr prescribe a Method to the Evidence especially if he be charged with High Treason and my Lord may afford them the same favour they do him for if he will answer Article by Article he may but as they leave him to his course so they desire to take their course But in that case my Lord of Strafford desired he might have time to Answer till to morrow morning and professed that he should be extream unwilling to offer any thing that became him not in Humility and Modesty or to prescribe a course to any he being in his condition but he trusts he may with Humility and Duty offer to their Lordships consideration these things that may be for his Assistance and Defence without offence to any So the Committee that managed the Evidence for the Commons-House had direction to proceed as they had propounded Mr. Whitlock then proceeded to open the Charge of these Articles which will refer to prove a designe of my Lord of Strafford against Scotland to subvert their Parliament and our Government here and to bring in an Army on us to force us to submit to an Arbitrary Power First they shall apply themselves to prove his designe against Scotland which lies first in the Charge That he advised the King two or three times that the demands made by the Scots in their Parliament were a sufficient ground for a Warr against them notwithstanding that Parliament was indicted by the Kings Royal Authority and they have their liberty to Propound and Treat Your Lordships may remember what my Lord of Strafford said at the sentencing of Stewart in Ireland whereby he expressed his hatred and rancor towards them and his opinion of them at that time being after the pacification made and he continues in the same ill opinion of them and to give the same ill Council That at another time he told His Majesty the demands of the Scots in their Parliament were not matter of Religion but struck at the root of Government and that it was fit to punish them by force That he caused the Ships of the Scots in Ireland to be seized That he procured the Parliament in Ireland to declare their assistance and give supply for a Warr against Scotland and that several times he endeavoured to perswade His Majesty to an offensive Warr against the Scots under which particulars will fall in proof his design against Scotland His design against England was of the same nature which will appear by his words and by his Councils and by some Speeches given out by those that have very near Relation to him and are his creatures who agreed with his own words likewise They shall prove to their Lordships That on a discourse between Sir George Ratcliffe and Sir Robert King concerning the War with the Scots and my Lord of Straffords being engaged in it Sir George Ratcliffe told him We are ingaged in a War with the Scots and we must go on with it
Matter they now desiring his Examinations only to the point of my Lord of Straffords perswading the King to an Offensive War against the Scots The Examination of Algernon Earl of Northumberland taken 5th December 1640. Read To the 16th Interrogatory he saith That the said Lord Lieutenant did after the breach of the last Parliament advise His Majesty To go vigorously on in an Offensive and not Defensive War against the Scots The Lord Bishop of London Lord Treasurer of England Sworn and Interrogated What he knew concerning the Earl of Straffords giving Advice to His Majesty to go on in an Offensive War against the Scots before or after the breach of the last Parliament He Answered That all he remembred of my Lord of Straffords Advice touching a War was That which he gave publickly in Council at the Council-Board for he remembred not any single Advice that he gave at all The Advice given by his Lordship the Deponent at the Council-Board after the Relation made by my Lord the Earl of Traquair to the best of his remembrance was this My Lord Traquair did make a Relation before His Majesty and my Lords of what had passed in the Parliament of Scotland and of many Demands made there whereunto they did desire to have His Majesties consent and approbation His Majesty was pleased to signifie to those Lords That among these Demands there were some of them very prejudicial to that Crown insomuch that He could by no means give way to and consent to them with His Honor and safety and thereupon the Advice or Opinion given was and then was given by my Lord the Earl of Strafford as well as others of my Lords and the Demands being of that nature as they were then informed and the Commissioners as he remembers being then come up or at lest had a Licence to come up It was Resolved upon That in case they should insist upon those Demands that had been so related and would not recede nor alter nor submit otherwise then His Majesty should prepare Himself to reduce them by force this he takes to be my Lord of Straffords Expression and the Substance of what was there delivered Being Asked Whether my Lord of Strafford advised then an Offensive War or a Defensive War He Answered That he did not well remember what kind of War but he thinks it was an Offensive War Being Asked Whether at the Dissolving of the last Parliament my Lord of Strafford did not advise to an Offensive War He Answered That he remembers upon a Meeting afterwards of casting up the Charges and other things there was a discourse of it Whether it was best to have a War as only Defensive the War being then resolved upon or to make an Offensive War that is to enter into Scotland with Force And there were diverse Opinions in 't and he believes my Lord did incline to the Opinion for an Offensive War Being Asked on my Lord of Straffords motion Whether he my Lord of Strafford delivered any Opinion at that time different from the rest of the Lords present He Answered That every man there exprest himself in such sort as he thought fit some in one kind some in another but he did not observe any difference as to the main in the Opinion of any man Being Asked About the time When this was He Answered It was at the Council-Board at that time when my Lord Traquair made his Relation and as he remembers it was about December Being Asked Whether he delivered his Opinion once or twice He Answered The Opinion was delivered but once as he Remembers To the Seizing of the Scotch Ships in Ireland after the Pacification Mr. Nich. Barnewell Sworn and Interrogated What he knew of the stopping of the Scotch Ships in Ireland He Answered That Sir Robert Loftus had a place under my Lord Admiral and had seized on some Scotch Ships and Boates and that others fled away and that Sir George Ratcliff was Angry that he spoke of it in so Publick a Place as to give them occasion to run away but the time he doth not remember and he thinks Sir Robert Loftus was Vice-Admiral of Lemster but he cannot take his Oath that the Warrant was from my Lord of Strafford but Sir Robert told him He had a Warrant And so Mr. Whitlock said They would leave it as to the matter of Scotland and observed the Proofes That when a free Parliament was Convened there by the Kings Authority and had liberty to treat of their Grievances and Demands and when these Demands by way of Narration were declared in my Lord of Straffords hearing though the reasons of them were not then delivered yet my Lord of Strafford gave his Advice to the King That these Demands made in Parliament were a sufficient ground of a War against them even after His Majesty had declared Himself satisfied and would stay to hear the Reasons but that would not satisfie my Lord of Strafford he himself declared it at several times and before himself had heard the Reasons that the Demands made by the Kings Free Parliament were a sufficient ground of a War And if it be so Mr. Whitlock said he he is sure then Parliament or no Parliament no Liberty nor Property can subsist with it My Lord of Strafford hath declared his intention and designe to subvert the Parliament and to subvert the Government of Scotland That he perswaded the King to an offensive War and told the King their Demands were not matter of Religion but struck at the root of Government and that it was fit to punish them by force and on these proofs it is conceived his Designe was manifest After this Mr. Whitlock proceeded to shew also his Design against England and began with the Testimony of my Lord Primate of Ireland The Examination of the Right Reverend Father in God Iames Lord Archbishop of Armagh Primate of all Ireland taken 11 Ian. 1640. To the 119 th Interrogatory he saith That in or about April last past in discourse betwixt the Earl of Strafford Lord-Lieutenant of Ireland and this Examinant at Dublin in Ireland touching the Levies of Money upon the Subjects by the King he did hear the said Earl of Strafford declare That he did agree with those in England who thought that in case of imminent necessity the King might make use of his Prerogative to levy what he needed save that as his Lordship then further said in his opinion His Majesty was first to try His Parliament and if that supplyed him not then he might make use of His Prerogative as He pleased Himself or words to that effect The Lord Conway being asked what words my Lord of Strafford used when the said Lord Conway Demanded How the Army should be paid in case the Parliament gave not supply His Lordship Answered That he had been formerly examined upon this thing and then gave his Answer and besought their Lordships to give him
Interrogated What he heard Sir George Ratcliffe speak concerning the Kings levying Money by force or to that purpose He Answered That the words he is to inform their Lordships of and on which he was formerly examined proceeded from Sir George Ratcliffe not to him privately and only but they were spoken in a Council of War when they were assembled together upon that service My Lord-Lieutenant arrived in Ireland in March was 12 Months and after his Lordship had spent some days in Ireland within which time he the Deponent with others were commanded to attend at a Council of War departed that Kingdom leaving direction behind him how this affair should be proceeded in in his Lordships absence and as he takes it in the beginning of April my Lord departed out of Ireland and not long after they being assembled in a Council of War there was occasion to speak of all preparations that should be for the raising of an Army of 8000 Foot and Provision for transportation of 1000 Horse which was the Army of Ireland at that time In these discourses they found there was a great deal of Treasure to be consumed and much Money required to supply the occasion It was computed and he thinks Sir George Ratcliffe had a privy hand in the computing of it how much charge would maintain the Army for a year and to the best of his remembrance it was computed at 270000 l. and odd which gave them occasion considering the Army to be transported out of Ireland was but in proportion â…“ of what was prepared in England to speak of the Charge that must be raised in England according to that proportion And they finding it to amount to so great a sum it fell into question how the King should be supplyed with Money for so great expence of Treasure if he were not supplyed by Parliament Sir George Ratcliffe Answered The King hath his Sword by his side and 30000 men at command and if he want money let no man pity him It was thereupon replyed and as he the Deponent takes it by himself how can Money be raised when the Scotch Army is on foot and so strong Sir George Answered We can make peace with the Scots when we list but that is the worst of evils and this is in substance as much as the Deponent can remember Whence Mr. Whitlock observed That their Lordships heard what passed from Sir George Ratcliffe in Words and Counsels and that their Lordships knew the nearness and relation between Sir George Ratcliffe and my Lord of Strafford and this was after direction was left for raising the Army and when my Lord of Strafford was come away himself it seems he had left his directions with Sir George Ratcliffe as it will appear by my Lords own words concurring with these And Mr. Maynard desired their Lordships to take notice of these words We can make peace with the Scots when we will it was not Sir George Ratcliffe alone Sir Tho. Barrington being Sworn and Interrogated what words passed from Sir George Wentworth to him About Englands being sick of peace c at what time it was and on what occasion He Answered That immediately after the last Parliament Sir George Wentworth had accidentally a discourse with him being a Gentleman with whom he the Deponent never had intercourse or interlocution before that time On some discourse betwixt them concerning the former Parliament in the close of his discourse he was pleased to express himself thus This Commonwealth is sick of Peace and will not be well till it be conquered again The application of these words he the Deponent said he must leave to their Lordships better Judgements he not being able to decide it And to the occasion according to the truth which shall be ever present with him he the Deponent said he would deliver it cleerly They had some occasion to discourse of the former Parliament and speaking now on his oath he must express that which otherwise he should not being the words of a private discourse which in the course of his life he hath ever avoided especially in the Case of a Gentleman They were in discourse of the former Parliament and the carriage of that and Sir George Wentworth was of one opinion and he the Deponent of another Sir George expressed himself in this sence That he conceived the Parliament had no intention to give the King Money he the Deponent said That if the Kings Majesty had pleased they had sate awhile together they had supplied him And on the close that expression fell from him that which he the Deponent said he shall not not need to repeat Sir Robert King being Interrogated what sense and apprehension was in my Lord Ranalaugh on the words that fell from Sir George Ratcliffe at the Council-Board He Answered That my Lord Ranalaugh did conceive there was an intention to take Money forcibly in England and was much troubled with the words and cast out some such Speeches That we shall turn our swords on them from whom we are descended and having cut their throats make way for our own safety or some such words Lord Ranalaugh being Interrogated what his sense was of these words spoken by Sir George Ratcliffe He Answered That the expression of these words and some other words that fell from my Lord-Lieutenant to himself before his Lordships departure out of Ireland made him doubt that there might be some danger intended by the transportation of the Army and it was not his sense alone for upon discourse betwixt others that were of the Council and himself the like apprehensions were amongst them as between my Lord President of Munster and him and also between Sir Adam Loftus and him Those that durst be free one to another did express their fears and apprehensions about it Being asked what the words were my Lord of Strafford spake to him on which the apprehensions were grounded He Answered That it was thus My Lord of Strafford at his last being in Ireland was pleased to say to him My Lord will you buy any Land I will sell you all the Land I have in Ireland To which he the Lord Ranalaugh Answered That he is not able to buy Land being in debt and God forbid his Lordship should sell his Land in Ireland Truly says he my Lord we are like to have a troublesome world and I am willing to part with it To which the Lord Ranalaugh replyed it will be hard then with us that have no Estates but in Ireland No my Lord says my Lord of Strafford I do not mean it so for I believe you will be quieter here than they will be in England But he doth not think that ever he spake these last words to Sir Robert King in his life Being asked How he expressed his sense of those words to Sir Robert King He Answered That the first discourse was from Sir George Ratcliffe the latter was from my Lord to
best account he can and offer some proofs Sir Robert Loftus was the Vice-Admiral of the Province of Lemster himself was Vice-Admiral of the Province of Munster and about that time the Lord Admiral sent Direction and Command to the Vice-Admiral of Lemster and Munster to seize all the Scotch Ships then in those Ports so that what was done was done by the authority of my Lord Admiral and if their Lordships asked Mr. Slingsby he will say that about that time there came these Commands and by virtue thereof these Ships were stayed Mr. Slingsby being Interrogated whether about that time my Lord Admiral sent Warrants to the Vice-Admirals to seize the Scotch Ships in their several Ports He Answered That he received the Letters just as my Lord was going into England and dispersed them to the Vice-Admirals he executing that for Munster as Deputy to my Lord and the Ships were stayed after my Lords going into England and not before Whence my Lord of Strafford concluded That it appeared that he hath not been an extraordinary stirrer of difference between the King and the Subject he never desiring any thing but peace and quietness and that all things might be ended as he trusts they shall with good understanding and perpetuity of affection amongst our selves and with them And there his Lordship left the 20th Article hoping he had fully and clearly satisfied their Lordships as to any crime in it but whether his Judgement did mislead him in an opinion he will not dispute but will confess willingly That no man is more ready to mistake than himself His Lordship proceeds to the 21 Article which his Lordship read This he said he perceives is a particular they have much insisted on but have not as he conceives offered any substantial proof for what they alledge The first proof of the 21 Article was my Lord Primates Examination wherein he sayes That in a discourse betwixt them concerning the levying of money on the Subjects in case of imminent necessity his opinion was the King might use his Prerogative as he pleases but first it was best to try his Parliament This is the only Testimony in this particular being Singularis Testis he knows it will weigh with their Lordships accordingly and then it is no otherwise but by way of Discourse and Argument and how far that shall be layed to a mans Charge he must submit in regard of the reasons subsequent in the next Article so that he will reserve himself to this point till he comes thither But the words fairly and cleerly understood abide a sence no way of danger to him that speaks them For they are That the King may use his Prerogative as he pleases and the Kings pleasure is always just and will not use his Prerogative but justly and fairly and for a man to think otherwise were a higher offence Besides many things are lawful which if they were done to the uttermost of the Power that his Prerogative and the Law of the Land gives him might be prejudicial to His Subjects which notwithstanding he in his goodness and discharge of the Trust God Almighty hath put into him never hath nor will exercise but suffer them to be imployed for the Subjects advantage according to the present occasion And therefore to say he may use His Prerogative as he pleases might be without prejudice to the Subject and very lawful But it is a greater offence by much to think that the King will use his Prerogative otherwise then as befits a Christian and pious King And therefore he hopes these words shall not be laid to his charge as a signal crime and of so high deadly and capital a nature as Treason The next proof offered is my Lord Conway and he sayes on some discourse which being private between friend and friend neither of them thought they should come here to give an account of My Lord Conway asked him where the means should be for the Supply of the Kings Army He told him in Parliament and doubted not but the Parliament would supply His Majesty so far he was from thinking there should be that misfortune as the breach of that Parliament but quite contrary And for the words That if the King should be denyed in just and lawful things he might justifie before God and men the seeking means to help himselfe though it were against their will He must needs say That to help a mans self is a very natural motion for commonly a mans self is the last creature that leaves him and that which is natural to every man is natural to the King who is accountable not only for himself but also for all his people The next is Mr. Treasurer And he says That the 5th of December was Twelvemonths to the best of his Remembrance upon a Proposition of a Parliament to the King he the Earl of Strafford should say That if the Parliament should not succeed he would be ready to assist His Majesty any other way He sees not where the heynousness of the words lies nor where the venom is that should endanger him as to his Life and Honor And if he said he would assist His Majesty any other way if it were needful or any way conducing to his purpose he is verily perswaded Mr. Treasurer himself said as much but that is not material for he conceives it not blameble in either of them to have said so much therefore he laies it not on him as a Recrimination For the Question was a Parliament or no Parliament a Parliament was the desire of every man to settle the Common-wealth by that they might stare super vias antiquas And when they were moving His Majesty for a Parliament for him to say he would help any other way doth always presuppose what must be presupposed that it must be in all lawful ways The King cannot command unlawful ways and he hath that opinion of His Majesty and of His Truth and Faithfulness that He will not Command him any wayes but lawful wayes he having not carried himself in his Masters service so as that he can have an opinion of him that he will do any thing but what is honourable and just and therefore he hopes it is spoken without offence being fairly and rightly understood That is of lawful ways the ways the King could command and the wayes himself could serve him in being no other And this is all they bring to prove that part of the 21 Article that concerns his procuring of His Majesty to break the Parliament and by Force and Power to raise Money on the Subjects And this is all he sayes and all they charge out of that Article This he must add That when he sayes he will serve the King in any other ways in all Debates whensoever he expressed himself to that purpose he did ever in the conclusion end with this That there was no safe nor sure expedient to settle a right understanding between the King and
His people and to make both happy but Parliaments as shall appear clearly and plainly by that time he hath given his proofs and so it will appear he meant only lawful ways The next particular wherewith he is charged is to procure the Parliament of the Kingdom of Ireland to declare their assistance in a War against the Scots For that if their Lordships please to give him leave he thinks the thing it self will best shew it self and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read And that of the Commons-House was read being in effect THe Declaration of the Commons-House there Importing Whereas they have with one consent cleerly given to His Majesty Four entire Subsidies towards His present preparations to reduce His disaffected Subjects the Covenanters in Scotland to their due obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for themselves and the Commons of this Kingdom do profess that their Zeal and Duty shall not stay here at these four Subsidies but Humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the world and succeding ages That as this Kingdom hath the happiness to be governed by the best of Kings so they desire to give cause That he shall account this people amongst the best of His Subjects The Declaration of the Lords Spiritual and Temporal being of the same Tenor was spared to be read Upon which my Lord of Strafford said That if he had procured this Declaration it had been no crime considering what preceeded in the Kings Council there But he says he hath no part in it it was done with the greatest freedom and cheerfulness that ever he did or shall see a thing of that nature done It must be ascribed to that Nation and the Zeal Affection and Chearfulness by which they discovered themselves to the Kings service to which there was no need to invite them But if he had had a part in it he might have justified it considering what precedent Instructions he had from the King which he could shew but that he is loath to take up their Lordships time The next thing he is charged withal is for confederating with Sir George Ratcliffe and together with him traiterously conspiring to employ the Army raised in Ireland for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and subverting the fundamental Laws of this Kingdom To which he saith That truly if it be made appear that he had so much as any such thought in his Breast he should easily give Judgement against himself as not worthy to live If he should confederate to the destruction of the Countrey that bore him and consequently to the making of himself and his posterity little else than Vassals who were born a free people by the goodness of Almighty God and under the Protection and Justice of the King and particularly of His Majesty That he hath a heart that loves freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it And therefore certainly he is not altogether so probably to be thought a person that would go against it Nay he thinks that man doth the King the best service that stands for the modest Propriety and Liberty of the Subject It hath been once his opinion which he learnt in the Honourable House of Commons when he had the honor to sit there it hath gone along with him in the whole course of his service to the Common-wealth and by the Grace of God he shall carry it to his Grave That the Prerogative of the Crown and Liberty of the Subject should be equally looked upon and served together but not apart The proof they offer for this is a strange manner of proof For First they prove by Sir Robert King what Sir George Ratcliffe said they will not admit the examination of Sir George Ratcliffe but here is a Report upon a Report And what sayes this Gentleman He tells of some time Sir George Ratcliffe said which was not concerning him the Defendant and was impertinent for him to repeat But the Deponent sayes in the conclusion That as he understood them there was some danger towards c. Then comes my Lord Ranalaugh and reports the words of Sir George Ratcliffe and in conclusion sayes That by some things he did gather he had fears there might be some intendment to employ that Army in Ireland or some other place but he the Defendant offers to their Lordships That what Sir George Ratcliffe said was nothing to him and so could not charge him with it The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney and it is a priviledge which though he hath the honor to be a Peer he shall never desire that a Peer may do it by Proxy Sir George Ratcliffe cannot speak nor procure Treason for him and being Sir George Ratcliffes words they cannot be his the Earl of Straffords offence and he hopes Sir George will answer them as an honest Gentleman and a Privy-Counsellor to the King which he hath the honor to be in Ireland And how Sir Robert King understood them is as little if not less to him the Defendant Sir Robert's understanding of a thing can make no crime to him my Lord of Strafford And for my Lord Ranalaugh's fears he may take them back again for it will be shewed they were groundless fears viz. That this Army was intended for English ground For him to imagine that because my Lord of Strafford said It was like to be a troublesome world and that he was willing to sell his Land therefore this Army should come into England These be Non sequiturs and fancies of his own and there was no colour for such fears in his Lordship Besides my Lord Ranalaugh was not acquainted with the Design and therefore he might easily mistake but others were acquainted with it in such manner as is expressed in his Answer and which my Lord said he shall now declare viz. That there was no intention or purpose of bringing this Irish Army into England And whereas to the Design he hath exprest in his Answer of having two Honourable Persons to be made privy and divers others to his Papers he Humbly besought their Lordships to favour him
found the affairs of Scotland so distempered that he thought fit to reduce the Kings Subjects there by force His Lordship says That if the Demands struck at the root of Government then it was fit to say they should be reduced by force But the words were spoken before the reasons of the Demands were known and before he could know how they could be warranted by the Laws of that Kingdom and it is part of the Charge of the House of Commons That he said They struck at the root of Government which it appears they did not for those very Demands against which my Lord of Strafford delivered his opinion are since enacted by the Parliament of Scotland and confirmed by His Majesties Royal Authority in the Treaty which is very well known to divers of their Lordships sitting here My Lord sayes It was first resolved a War should be had and then for him to debate Whether an Offensive or Defensive War is no Crime but that receives a clear Answer for it was his Resolution his Advice That there should be a War and an Offensive War which shewes his Design against the Kingdom of Scotland My Lord labours to prove That the seising of the Scotch Ships was not by his Warrant but by Warrants otherwise procured That was not insisted on in the Charge and therefore they will not insist upon it in the Reply there is enough besides My Lord is further pleased to say That there is no substantial or concluding proofe of his intent that the Parliament should be only called to try whether there would be supply given or no and that is only deposed by my Lord Primate a single Testimony But my Lord Primate concurs with others in the same sence and meaning To my Lord Conwayes Testimony my Lord sayes That for the King to help Himself is a Natural Motion and proper to every one But the other words of my Lord Conwayes Testimony That the King might help and supply Himself though it were against the will of His Subjects must be understood not of a Natural but a violent motion and it appears to be my Lord of Straffords Design to have it so He comes to the Testimony of my Lord Treasurer and sayes That doth not at all touch him that he promised to assist the King in any other way in case the Parliament did not succeed But this proves his intent That if the Parliament were dissolved as he was willing it should as it will afterwards appear he would assist the King in any other way whatsoever He took a good Pattern Stare super vias antiquas and we shall prove that too but this was not via antiqua of Parliaments to propose Supplies in the first place and to put off consideration of grievances to urge nothing but to give to the King and before a Resolution whether they would give or not to informe against the Parliament by Misinformation My Lord mentions the Declaration of the House of Commons in Ireland concerning the giving of Four Subsidies for the Kings supply of the War with Scotland which is in the Charge but was not insisted upon But by shewing this my Lord of Strafford hath procured that which is likewise in the Charge That the Parliament of Ireland did engage themselves in the War against Scotland and by the Preamble of his Answer This was in my Lord of Straffords Knowledge and may be easily proved to be by his Procurement being the Chief Governor there He sayes That had he ever entertained such thought as the words proved import he should give Judgment against himself But as no mans thoughts can be proved but by his words and actions so the words proved do manifest that his thoughts were no other and shew clearly his intention to bring in an Army on us to reduce this Kingdom My Lord calls Sir Robert Kings Testimony a Report on a Report and sayes the like of the Testimony of my Lord Ranalagh which shall be answered when he comes to lay the whole matter together according to the course of opening the Articles Diverse Witnesses his Lordship produces to prove that the 8000 Foot raised in Ireland were designed for Scotland and particularly for the Town of Aire which is very improbable for that Town as was informed and will be proved was at that time very well fortified and the Coasts thereof and the Haven so barred and narrow that one of my Lord of Straffords own Witnesses says there could be no probability of Landing an Army there The like may be said of the Frith of Dunbarton that was Fortified long before And if their Lordships repair to some part of my Lord of Straffords Answer where he sayes they were to be landed in some places near the Country of my Lord of Argile to divert him These places are so far from his Country and such Armes of the Sea and unpassable Mountains are interposed that they could not be landed there with any intention to go to Argyles Country But admit there were a primary intention of this Army in some part of Scotland the Witnesses speak onely to what was intended before the Army was raised But when the Army was on foot my Lord of Straffords intention might be changed and it seems it was for he laboured to perswade His Majesty to make use of it to reduce this Kingdom He sayes The Testimony touching Sir George Wentworths words is single and spoken by his Brother and could not reach him but though one Witness testifies the words yet it may be made appear to their Lordships that presently after the words spoken Sir Tho. Barrington related them to other Gentlemen who are ready to testifie that he so related them But their Lordships seeming satisfied in that point directed him to proceed Next my Lord Discourses of my Lord of Bristols Testimony and the differences of opinion between them touching the summoning of a Parliament But my Lord of Bristol proves the following words That the King was not to suffer himself to be mastered by the frowardness of His People c. and to these no Answer is given To which Mr. Whitlock said he would further answer in the General Reply And so for the words proved by my Lord of Newbrough my Lord of Holland and diverse other Noble Lords of this House My Lord of Strafford was pleased to mention the Statute of 1 E. 6. ca. 12. where to compass by Preaching or saying to deprive the King is not for the first offence Treason though words of a more transcendent and high nature and hence he inferr'd that the words charged on him are not Treason But that Statute is onely of Treasons spoken of the King but not of Words and Counsels that advise the thing to be done And there is no Question but at this day for any man to Advise and Counsel the Destruction of the King is High-Treason notwithstanding that Statute These words charged on my Lord are a Declaration of his intention to subvert
the Laws and Government of the Kingdom and the use made of the words is not that they are in themselves Treason but as they prove that intention But this is the work of another time being matter of Law and therefore Mr. Whitlock said he would say no more to it now neither doth it require his Answer nor is it at all to this business My Lord did much insist on it that there was no mention by any of the Lords that were of the Committee for the Scotch Affairs concerning the words of bringing the Army out of Ireland to reduce this Kingdom diverse of their Lordships being to that point examined But Mr. Treasurer Swears in the Affirmative he heard the words spoken and when they come to sum up the rest of these words and applying them to this shew the dependance they have one upon another their Lordships will see plainly that must be his intention and that there could be no other interpretation of his words It is possible for some that were at the Council not to hear the words and yet that disproves not a Witness that sayes in the Affirmative he did hear the words And though some of my Lords do not remember some other passages as That His Majesty was loose and absolved from all Rules of Government yet that is proved by two Witnesses and though the rest remember them not yet that stands clearly proved Other things which some of their Lordships did not remember were proved by three Witnesses Whence it may be deduced that what Mr. Treasurer deposes is to be believed though some of my Lords that were present did not remember it By making a sum and Collection of the words and comparing one with another it will appear very clear that my Lord of Straffords intention was to bring in that Army to reduce this Kingdom And first their Lordships will remember the words that passed betwixt Sir George Rateliffe and Sir Robert King and the Relation between my Lord of Strafford and Sir George Ratcliffe And before my Lord of Strafford came out of Ireland he gave direction to Sir George Ratcliffe and afterwards on a Discourse Sir Robert saying how my Lord of Strafford and how the said Sir George Ratcliffe had least cause to desire a War Sir George replyed We are ingaged not himself onely but We speaking of my Lord of Strafford are ingaged in a War and Sir George sayes further that the King hath 30000 Men and 400000 l. in his Purse and a Sword by His Side and if he wanted Money who would pity Him which cannot be intended but by raising of Money on the Subjects of England But besides their Lordships may remember the expression of my Lord Ranalaugh and Sir Robert King that these Forces were intended to be used for raising Moneys here and that my Lord of Strafford offers to sell his Land in Ireland Besides his Brother said the Commonwealth is sick of Peace and would not be well till it was Conquer'd again which must imply Force and an Army to do it It is a Proof of my Lord of Straffords intention that a Parliament should be summon'd to give Supply and if not that then it should be Dissolved and other Courses should be taken My Lord Primates Deposition is that in case of necessity His Majesty might use His Prerogative might levy what he needed only first it was fit to try the Parliament and if that succeeded not then to use his Prerogative as he pleases My Lord Conway proves the same Intention my Lord of Strafford saying to him That if the Parliament supplied not the King His Majesty would be acquitted before God and Men if he took some other course to supply himself though against the will of His Subjects And it cannot be intended to be against their will but it must be by force for if it be with their will it is voluntary And Mr. Treasurer proves that my Lord would be ready to serve the King any other way that is by Force by Armes or any way whatsoever Their Lordships may remember his words to His Majesty That the Parliament had denyed to supply Him that they had forsaken Him which was onely to incense His Majesty against Parliaments He told my Lord of Bristol in that Discourse with him that His Majesty was not to suffer Himself to be Mastered with the frowardness and undutifulness of His People and if His Majesty was not to suffer Himself to be Mastered by them but to Master them it cannot be but by strength of others My Lord of Holland proves more fully and my Lord of Newbrough concurs with him that His Majesty had an Advantage to supply Himself other wayes because the Parliament had denyed to supply Him And there be no other wayes save Parliament-wayes but extraordinary and illegal wayes My Lord of Strafford hath much laboured to answer and qualifie the last words but he comes short of it And those words are as fearful and of as high a nature as can be expressed by a Subject and by a Counsellor to his Soveraign The first part of the said last words are clearly proved by the Testimony of my Lord of Northumberland and Mr. Treasurer That the King had tryed His People and was Absolved from all Rules of Government That He was to do all that Power would admit that he had tryed all wayes and was refused and should be acquitted before God and men The latter part Mr. Treasurer onely reaches to that His Majesty had an Army in Ireland which He might imploy to reduce this Kingdom and comparing these words with the former if the King be absolved from all Rules of Government Which way can that Power be used but by bringing in an Army the latter words being dependant and consequent to the former and if they be compared together and sum'd up their Lordships will be satisfied that this was the intention of my Lord of Strafford to bring an Army out of Ireland into this Kingdom to reduce it and that his purpose was by a strong hand to compel the Subjects of the Kingdom to submit to an Arbitrary Power and whatsoever should be imposed on them And whereas my Lord makes it a great part of his excuse that nothing was executed upon this Counsel we must give humble thanks to His Majesty for if his Counsel might have taken place no doubt but that had been done which was laboured and advised to be done But a Gracious Sovereign would not take hold on those Counsels but rejected them as to that though so much was done on other Counsels and Misinformations of my Lord of Strafford as my Lord of Strafford will never be able to justifie That nothing is done is no excuse to him It is an Obligation to the Kings Subjects the more to Love and Honor him But it shews clearly my Lord of Straffords intention if it might have taken place to have changed the Lawes to have brought an Army upon us and by
himself The Eighth Article contains several charges as that of my Lord Chancellor How he imprisoned him upon a Iudgement before himself and the Council how he inforced the Seal from him when he had no authority nay though it were excepted by his Patent that he should no way dispose of it but he looked not to Authority further than might make way to his Will Another concerns the prime Earl of that Kingdom my Lord of Kildare whom he imprisoned and kept close prisoner contrary to the Kings express command for his deliverance and in his answer my Lord acknowledges it but sayes That that command was obtained from the King upon a mis-information These things I would not have mentioned if he had passed them over but since he gives them in give me leave to mention and say we had a ground to put them into Charge and could have proved them if there had been need punctually and expresly and I believe little to my Lords advantage But your Lordships I think do remember my Lady Hibbots Case where the Lady Hibbots contracts with Thomas Hibbots for his Inheritance for 2500 l. executes the Contract by a Deed and Fine levied deposits part of the Money and when a Petition was exhibited to the Lord Deputy and Council for the very Estate your Lordships remember how this came in judgment before my Lord Deputy there was but a Petition delivered there was an answer made and all the suggestions of the Petition denied yet my Lord spake to Hibbots himself that was willing to accept the Money not to decline the way that he was in by Petition Five hundred pound more will do him no hurt to carry into England with him and yet without examination of a Witness a Decree was made to deprive this Lady of her Estate and the purchasing of this Land by my Lord of Strafford was proved by two Witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in Trust for my Lord of Strafford and that it proved according to my Lord of Straffords Prophecy for the man had five hundred pounds gain above the Contract with my Lady Hibbots But after the Lands were sold for Seven thousand pounds so that the Lady Hibbots offence was her making of a bargain whereby to gain Five hundred pounds but there was no offence in my Lord to make a bargain for Three thousand pounds and to gain Four thousand pounds presently this you see proved by Hibbots the party and by Mr. Hoy the Son of the Lady Hibbots So that here is a determination of a Cause before the Council-Table touching Land which was neither Plantation nor Church-Land without colour of the Instructions contrary to Law to Statute to Practice and if this be not an exercising of an unlawful jurisdiction over the Land and Estates of the Subject I know not what is In his answer to this case he did open it yet whether he mistook or no I know not that he had a Letter from the King but he produces none in evidence and that is another mis-recital I am sorry he should mis-recite and fix it upon the Person of His Sovereign in a case of this nature Now he falls more immediately upon the liberty of the Subject and that is by the Warrant mentioned in the Ninth Article to be issued to the Bishop of Down and Conner whereby he gives power to him and his Officers to apprehend any of the Kings Subjects that appeared not upon Process out of his Ecclesiastical Courts expresly contrary to Law and your Lordships have heard how miserably the Kings Subjects were used by this Warrant as hath been proved by a Gentleman of Quality Sir Iames Mountgomery And howsoever he pretends it was called in it was three whole years in execution before it was called in and though he pretends his Predecessors did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he says that Bishop Mountgomery did tell him there was such a Warrant and one Witness more speaks of one Warrant and that is all the Witnesses produced and that but to be a Copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universal and spread over the face of that Kingdom that was under his jurisdiction and that is in the tenth Article which concerns the Customs where he doth impose upon the Kings Subjects a Rate and Tax against Law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himself of a jurisdiction above the Law My Lords in his answer he pretends that this is rather a matter of fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to His Majesty so it is likewise an exercise of a Tyrannical Jurisdiction over his Subjects That it is a fraud to His Majesty it plainly appears for the King lost exceedingly by it whereas before the Rent afforded the King was 11050. l. there was improved by the new Lease that my Lord of Strafford took but 1350 l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new Lease the Impost of Wine for which the King before that time received 1400 l. a year and likewise the Custom of London-derry Colerane and Knockfergus for which the King had reserved 1700 l. a year besides the moity of the seizures so here is 5000 l. that the King lost of the old Rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one year he and his sharers received 39000 l. and in the last year 51000 l. and that expresly proved upon two accounts and if this be his dealing where is his service to the King in his pretence to advance the Customs It is true he says The King hath five eighth parts but it was but within these two years the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000 l. if he had received it I believe we should have heard of it My Lords There is something more here is a new imposition on the Kings people without Law and yet I will do my Lord of Strafford no injury but I tell you how the proof stands It was a Book of Rates framed before he came to the farm for the Book of Rates was in March and the Date of his Assignment was in April following and therefore my Lord saith It could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heels of another and I beseech you observe cui bono the Book of
should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Council for an offensive War and putting all together I refer it your Lordships judgement who is the Incendiary for how can it be proved more clearly unless it should appear under his Hand and Seal proved by two or three witnesses Now My Lords how comes this to be his design here the Mystery comes to be unfolded Having thus incensed to the War and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his own creation as a means to draw on his design and that was necessity necessity is it that must enforce the King what to do to levy Money to use his Prerogative to raise supplies upon His Subjects without their consent against their Will necessity must be his Argument and this War must be the occasion of that necessity and without that he cannot suggest to the Kings ear or advise this necessity till this be brought to pass And now he hath brought it to pass he began in the One and twentieth Two and twentieth and Three and twentieth Article to perswade the King that necessity hath surprized him by the Parliaments deserting of him that the Parliament had forsaken the King in denying supply and having tryed the affections of His people he was loose and absolved from all rules of Government and had an Army in Ireland which he might employ to reduce this Kingdom That he spake these words to the King part is proved by two concurrent Witnesses that is that having tryed the affections of his people he was now loose and absolved from all rules of Government which words are proved by two witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his speech pretends that the most material words are proved but by one witness it seeming that he held it not a material charge that he counselled the King that he was absolved from all Rules of Government for my part if your Lordships be satisfied those words were proved I could willingly satisfy my own conscience in it and make no great matter to quit the rest for I know not how he could express it in higher terms than that the King was absolved from all rules of Government for then he might do what he would It is true the latter words touching the Irish Army are expresly proved but by one witness Mr. Secretary Vane but are fortified again with such circumstances as make up more than one yea more than two other witnesses if your Lordships will have the patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Ratcliffe his bosom friend to whom he had contributed without question his advice in all causes the said Sir George Ratcliffe expressed it before and told some of his friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the abundance of the heart his mouth spake the King must now want no money if he did no body would pity him now he had his sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoak of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Penniman himself his own witness and friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one witness And under favour my Lord Cottington if you call to mind his testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects property which must inferre he had advised an Invasion upon the property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own conscience told him he had advised somthing to invade upon the people when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Penniman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved
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
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
I conceiving not material as to the Charge forbore to answer to them whereby I understand I have received some prejudice therefore I desire I may now give satisfaction therein being well able to do it We hope your Lordships remember your own Order We desire he may not have that allowed him to day which was not granted him Yesterday The Evidence having been given for His Majesty my Lord of Strafford having answered and the Commons Replied Touching which the Lord Steward declared that the due Course had been followed The Evidence being given for the King my Lord having Answered and a Reply made My Lord this is a Court of Honour which is a Rule to it self and no other Court is a Rule to it and therefore if any thing were omitted one day through want of memory your Lordships may in your Nobleness allow another Your Lordships being your own Judges and Rule and most fit it should be so I do therefore beseech your Lordships that I may have liberty to offer new matter formerly omitted else I shall be on great disadvantage being to answer on a suddain and had no time till Friday last to bring in Witnesses and many perhaps may come up before my Trial ends We desire in the Name of the Commons of England we may proceed according to the Rule propounded that his Lordship may not invert the course on pretence of new matter for then it will be impossible for us to make good the Charge Which was accordingly Resolved adding further that there hath been ostentation of more Evidence We desire it may make no Impression with your Lordships We shall open the Third Article containing very seditious words spoken by my Lord of Strafford in a publick Assembly to the Kings Subjects That Ireland is a Conquer'd Nation That the King may do with them what he pleaseth And speaking of the Charters of Dublin He said The Charters are nothing worth and binding the King no farther than he pleases I humbly desire My Lords that the Witnesses may stand in another Room from the Committee it being not usual in other Courts though I dare not offer any Court to be a Rule to this and that your Lordship will direct the question We have been sensible his Lordship hath been large in his Imputations We shall behave our selves as becomes us in duty we speak nothing to the Witnesses but what any man may hear and we must tell them what they must speak to and less we cannot do I am the loathest man in the World to speak any thing that may give offence in general or particular neither did I charge any only desired that they might stand clear and that the question might come immediately to them from your Lordship Robert Kennyday produced and sworn I humbly offer to your Lordships That this Witness hath been questioned for many Misdemeanors and extortion in execution of his Place as Remembrancer of the Exchequer and for this was sentenced and that he knew he wished his Lordship no great good and left it to their Lordships Whether he be a fit Witness adding it to be his Misfortune That all that have suffered under the Kings Justice in his Ministry are ready to be Witnesses against him My Lords if he be guilty of Extortion it follows not that he is therefore guilty of Perjury neither doth any thing stand proved But if he hath taken a sum of Money that makes him not to be believed when he gives Testimony Robert Kennyday being examined what words my Lord of Strafford spake in Dublin of Ireland Whether it was a Conquer'd Nation and what he said of the Charters of Dublin and when He Answered That 30. of September 1633. he was the Kings Remembrancer in Ireland and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech touching the Presentment of the Mayor cited many of the Favors and Graces of the Kings and Queens of England and among the rest one Charter wherein he alledged was contained That no Lieutenant Deputy or Governor for the time being or any Justice or Justices could assess or lay any Souldiers on the City of Dublin without their consent That after the Recorder had made an end of Speaking my Lord Lieutenant was pleased to Answer him in many Particulars Among the rest he told them You are a Conquer'd Nation and the King may do to you what he pleases and for your antiquated Charters they bind nothing farther then pleases Him The Witness added some things to take off the Aspertions cast on him by his Lordship saying He was never brought to Censure Being asked on my Lord of Strafford's Motion Whether he said they were not void by misusage or the like He answered No truly Not a word that he heard Richard Earl of Corke produced and sworn I must profess My Lords my sorrow and unwillingness to speak my Exceptions to the Earl of Cork as conceiving him no competent Witness in respect of an Information exhibited against him in the Castle-Chamber by the King's Attorney there which I desire may be read and is I will not say in all the points of it but so far acknowledged that he confesses himself under his Hand and Seal to be in the mercy of the King and desires he may be made the Object of his Majesties Compassion not of His Justice And when your Lordships shall see the nature of it I Appeal to your Lordships Whether my Lord of Cork shall be admitted as a Witness against me especially he being a little displeased and I am sorry for it for something done in the Cause he giving 15000 l. for a Composition which the King had There are two grounds of my Lord of Straffords Exception to the Earl of Corke's Testimony as I conceive First His Censure or questioning upon the Information against him in the Castle-Chamber which we have heard to be much of the nature of the Star-Chamber here And that part we suppose was cleared by Your Lordships wisdom yesterday That not a Censure much less an Information in the Star-Chamber should be a fit Exception against a Witness The other part is the ill will which my Lord of Corke may bear my Lord of Strafford on that occasion Truly My Lords if ill will and offence against my Lord of Strafford should be an exception and prejudice to a Witness I am afraid there will be few in the three Kingdoms whose Testimonials will not be prejudiced But this I humbly offer to Your Lordships likewise My Lord of Corke is a Privy Councellor to His Majesty and made a Privy Councellor since by His Majesty and certainly it is not seemly to have that Reproach cast on such a Person That for a Prosecution in the Star-Chamber he should be made an uncompetent Witness The reading of the Information being hereupon denied My Lord of Corke was asked What words
I crave Liberty to explain my self That I said not they were brought to the Council-Table to be judged but that consideration might be had Whether there was ill usage and extortion practised under colour of them or no whether any thing were done that hindred the growth of that Town and the good of the People and the Protestant Religion that it might appear how the business stood in point of State but to give a judgment upon them in Law it was never in my thoughts Robert Lord Dillon being then asked Whether the Charters of Dublin have not been brought before the Council of Ireland there to be considered concerning the Validity of them and whether it did not appear that for divers Occasions Exactions and Tolls and by-Laws and other abuses in the exercise of these Charters they did not appear to the King 's Learned Council and others learned in the Law to be void He Answered That it was a question he did not expect and yet being called he should faithfully and freely tell his knowledge of it to his best remembrance That he doth remember very well that the Charters of Dublin have been brought to the Council-Board and argued strongly against by the Kings Learned Council That there was one particular of 3 d. Custom challenged by the City which endured a very long debate That it was argued against them That they exercised by-Laws contrary to the Common Law of the Land and that divers other things were urged against them but he remembers not the particular determination of the Board upon the question Being asked severally what time those Charters were so brought and how long after my Lord of Strafford's coming into Ireland He Answered That he precisely remembreth not the time but he takes it to be five or six years ago something more or less and he thinks about a year or two after my Lord of Strafford's coming but he remembers not the time not expecting to be Interrogated in it We desire your Lordships to observe That the words were spoken before the Charters were brought to the Council-Board It follows not That because they were questioned at Council-Board afterwards I did not therefore know them to be void when I spoke of them for they were complained of in Parliament as great Grievances in the exercising of them and to that purpose I desire my Lord Dillom may be heard And being asked what he knew concerning the Charters of Dublin being questioned in the Commons House for divers Oppressions unlawful By-Laws and other ill usage of their Liberties He Answered That he was a Member of the first Parliament after my Lords coming into Ireland 1634. After this Visitation of the Mayor some half an year but he knows not the time precisely That divers Members of that House did object divers Misdemeanors in misâ—sing the Priviledges of those Charters That the particulars were several By-Laws which they did execute contrary to the Common Law Another was that by the Priviledge of those Charters they excluded divers of the Tradesmen that came out of England to set up Manufactures there which was conceived a great Grievance to that Kingdom Another was that having the Government of that Town being a Navigable Port they permitted the Soil to be emptied into the River without care or regard That at the time of the Presentment of the Mayor my Lord took occasion to advise and advertise the Mayor of several Defects in that Town and divers of the Commons House of that Parliament are here that were present Hence observe the Reason and Grounds of my Exception to these Charters and the Effects of questioning them which were two First By this means I am perswaded and thereof I beseech the Honourable House of Commons to take notice as that which is reputed my greatest Crime in Ireland there be three Protestants in Dublin at this hour for one that was there when I came over for the Townsmen did keep all the Trade and ingross all the Manufactures into their own hands and being Natives and Romish Catholicks did depress the English that strangers out of England had little advantage of Trade And whatsoever any man may say or think on Information from persons that do not love me who are Members of neither House for so I desire to be understood when I speak of persons unfriendly to me I complain of nothing that is or shall be done me here but will leave it all with thankfulness to God Almighty and with that Duty and Reverence to this House that becomes me It will be known hereafter when I perhaps am in my Grave that my greatest fault in Ireland hath been my extream Zeal to bring them to conform with the Church of England which by that means hath provoked a great deal of Displeasure And secondly I observe That this argues no great malice in my heart nor desire to oppress the King's People when I shall tell your Lordships That to this day those Charters were never legally questioned but are enjoyed So far was I from pressing rigorously any thing against them I desiring nothing but Reformation and to have them what they ought to be and to leave them not less but more happy than I found them And if I should serve there again as I hope I shall serve only God Almighty and my Master with my prayers they should be freed from all exactions and misusings of them tending to the prejudice of the Town the King's Service and the Service of Almighty God And so I hope I have made a clear Answer to so much as was charged to free my self from guilt of Treason reserving to my self the advantage of having my Counsel heard in proper time to the matter of Treason in point of Law according to the liberty your Lordships have afforded me Next I shall proceed to that which is proved and no way charged which I forbore to speak to the day before as holding it an impertinent expence of time to your Lordships and a spending of my own spirits which God knows are weak and infirm indeed If I were permitted to speak this morning to all the things extrajudicially formerly offered I should give a free and clear Answer But suffering by my Ignorance and silence then I now desire leave to Answer those things that came de Novo and that by three Witnesses touching words spoken at another time to both Houses of Parliament I confess it to be true that the second day of the last Parliament but this that is now sitting I had the Honour to sit as His Majesties Deputy and it was the greatest Honour that ever I received and I should be loath to say any thing sitting in that Place that should not fully comply with the Goodness Clemency and Justice of His Majesty or should mis-represent Him in any kind to his People in another sense or to other purpose than his own Great and Princely Vertues do Merit and Deserve And that all
Lord Robert Digby being asked Whether at the Parliament at Dablin or any other time he ever heard my Lord of Strafford speak those words He Answered That he never did that he doth not know whether he was present at that time or no that he did diligently wait but doth not remember the words nor occasion but he thinks he was not present Your Lordships have heard my Lord of Strafford's Defence with much patience That he hath said nothing that takes off the Charge but some things that aggravate it That he would answer the Particulars as his Lordship had propounded them And first he observed That his Lordship denies not the words Charged which makes greater way for proof of them He informs of the ill Fortune of other Governors that one was Attainted and the Informations afterwards retracted that my Lord of Faulkland was complained of yet a Noble and good Governor against whom or any Deputy we can say nothing But what is this for my Lord Strafford to say Others were questioned therefore he is Innocent These were complaints of particular men This against my Lord of Strafford is the complaint of all the Commons of England It is said here is no Treason in this Article no Argument of Treason but the Commons never pressed these words singly and dividedly to be Treason but take all together they discover that Disposition that Counsel that Resolution that my Lord of Strafford had taken on him the ruine and subversion of the Common Law in both Kingdoms It is said an Answer is put in and no Replication It is true in other Courts if you go on Bill and Answer the Answer is taken pro Confesso but the Commons desire not to bind up my Lord of Strafford with Formalities but by the substance of their Charge they have averred their Charge which is as much as a denial of his Answer To there being another Government in Ireland than in England my Lord himself spoke of it by himself but he thinks it will not be material to this purpose for whatsoever it is some Government there is but the Speech of my Lord tends to take away all Laws for they must expect Laws as from a Conqueror in that Limitation For his referring it to the time taking it in the sense that the then Conqueror might do what he pleased that 's true and justifiable But that is to suppose the words otherwise than they are being spoken not of the Kings that were before but of His Majesty that now is My Lord would make an Argument his words were well accepted because Mr. Slingsby heard nothing to the contrary the words had much Acrimony and Sharpness and we dare not believe the Mayor of Dublin durst tell my Lord of Strafford so or forbear any Complement to him though he had been displeased with him But if that be material the Witnesses that have proved the words will tell Your Lordships it was resented with a great deal of Grief and Sorrow in all the hearers His Lordship justifies what was spoken of the Charters on these grounds First That the Witness said they were Antiquated Charters and therefore did not bind whereas it was a scornful Epithite their Antiquated and Worm-eaten Charters did not bind It is said they were void through negligences questioned at Council-Table complained of in Parliament But they must take the words to pieces not altogether Had he spoken of the Charters alone that they were void Charters it were no crime no indiscretion But take it with the occasion and connexion it admits of no such mitigation or interpretation He tells them they are a conquered Nation and they must expect Laws as from a Conqueror And they are a conquered Nation and their Charters are no further good than the King pleases It is said It is strict to answer presently what may be objected and the Examinations are extrajudicial we doubt not but Your Lordships will justifie-our Proceedings nor is there any strictness in them for if a man be questioned of a Crime and several Evidences be brought to make up this Crime some concurrent some precedent they will be allowed of in other Courts It being never used to set forth in a Charge all circumstances of Proof The main is produced and this is an Evidence to prove that and it is within the Charge for there is a Charge that he corrupts the Laws and Government Then my Lord produces divers Witnesses who speak in a different sense Sir Robert King heard nothing another that he remembers nothing and if he remembers nothing it may as well be said of the rest That there might be something they did not hear or remember for they speak no more but they did not remember There may be something they forgot as well as another forget all My Lord Ranulagh says He remembers the first words and something as spoken of the second but he cannot tell how far So that there is rather a doubt that something was spoken to that purpose than otherwise The Lord Digby was not present Sir George Wentworth remembers not the words he hath a Copy of the Speech and is confident the words were not spoken But they were not spoken in the first Speech whereof there was a Copy when the Petition for the Laws was delivered And this is an Aggravation against my Lord of Strafford that by his own shewing there was an Exception taken when he spoke in a milder sense and to advance His Majesties Government it had an ill impression and was taken notice of and the Exception delivered to himself Now if after Exception taken to a Speech delivered in Parliament cloathed with so much mildness he in the same Parliament as soon as Subsidies are granted shall tell them they are a conquered Nation and shall not have Graces but such Laws as the King will give them This puts the Offence in higher terms than before so far are they from mitigation of the Offence We desire Witnesses may be heard concerning the circumstance of time Mr. Fitzgarret produced and Sworn Was asked whether he knew of a Petition delivered to the Earl of Strafford by the Commons concerning the Laws and how in time it followed the publick Speech at the beginning of the Parliament and what Answer was given to it He Answered That he was then a Member of the Commons House and present when the Petition was delivered But after the House of Commons had given the King six Subsidies the House of Commons entred into consideration of Petitioning for such things as were necessary and expedient for the Common-wealth as they thought this Petition was preferred to the Lord Deputy a good space of time after the Subsidies were granted and Advertisement sent to England of the good service done in obtaining those Subsidies from the House of Commons That he remembers not any part of the Answer given There was an Answer given in Writing either at Council-Table or in full Parliament from the House of
after my Lords coming into Ireland and before the Parliament and was the cause of the first Exception against him the said Sir Pierce Crosby for he reasoned it with his Lordship being at his own Table at Dinner there being then present and sitting next to him a Member of this Honourable House my Lord Castlehaven There were likewise my Lord Osmond and several others of the Council of Ireland The words were these That if he lived He would make an Act of State to be of equal Power with an Act of Parliament That he the Deponent thought his Lordship spoke it merrily and answered him in the same kind saying My Lord when you go about to do this I will believe some body will rise as an English Gentleman did in England and desire a Clause of Exception that it may not reach to himself his Kindred and Friends That my Lord of Strafford looked on him very earnestly and said He would take him whosoever he was and lay him by the heels That this was in Parliament time And he the Deponent would fain have qualified it but Parliament or not Parliament says my Lord Ireland is a Conquer'd Nation and the Conqueror should give the Law That he the said Sir Pierce Crosby Replyed My Lord then I beseech you give me leave I am one of those that must uphold an Act of State by all lawful ways having the Honour to be a Member of the Government though unworthy What will be alledged on the other part they will say an Act of Parliament attaints and restores Blood and doth many things an Act of State cannot reach to for it is confined within the limits of the Government That my Lord having not to Reply to this rose in some choller and told him the Deponent of something else he conceived he the Deponent had done amiss at Council-Board on a Statute that was in debate And so the Manager concluded the Article with thus much more The Article in the conclusion of it charges him with scorning the Government and Laws And it was desired their Lorships would take notice of what is proved out of these words and the concurrent proof Yesterday The Earl of Strafford begins his Defence saying First I must stand upon the truth of my Answer which must be good till it be denied so far as goes to matter of Misdemeanor I have not had time to examine Witnesses having not liberty till Friday last which I urge by way of excuse if my Answers give not full satisfaction Here is an Order of the House of Commons there whereby your Lordships may perceive how unlikely I am to have any thing from Ireland that may work to my Justification which was read and bears Date 25. February 1640. Authorising those undernamed to go aboard any Ships and seize search and break up all Trunks Chests and Cabins aboard To seize on all Silver and Gold except small Sums and all Debts Evidences and Writings as they shall think fit of him the said Earl of Strafford This his Lordship conceived to be a great Violation of the Peerage of the Kingdom For making good of his Answer his Lordship Alledged That the Council-Board of Ireland is a Court of Record which differs much from the Council-Board of England and that they proceed there by Bill Answer Examination Publication and all the formal courses of legal Proceedings That my care to preserve the Authority of the Deputy and Council is not a Subversion of the Laws Only it directs it and puts the execution of the Law another way That for Reasons of State it must be preserved being the place of Resort for Protection and Defence of the English Planters and Protestant Clergy I shall produce and acknowledge the Instructions made 22 Iac. and I shall read part that bounds the Council-Board particulary mentioned in the Reply to the Third Charge I desire a Book may be read a Book in the hands of Mr. Denham containing certain Answers given by the Lord Chichester to certain Complaints made against that State and written with Mr. Baron Denham's own hand which on debate was Resolved not to be read being written only for a private Remembrance I shall refer to my Lord Ranulagh's Deposition the other day to satisfie your Lordships touching the Proceedings at Council Table To prove the Council-Board to be a Court of Record Robert Lord Dillom being asked Whether before my Lord Strafford's time he had not known always during his memory the Deputy and Council in all causes of Plantation and the Church proceed by Petition Answer Examination of Witnesses Publication and Hearing as in other Courts of Equity and upon Oath He Answered That he remembers in my Lord Chichester's time of Government it was the practise of the Board so to do That he remembers it in my Lord Grandison's time that he had the Honour to be called to the Council-Board under my Lord Faulkland's Government and knew it then And it was in the Justices time that preceded my Lord Strafford's Government To have Petitions Examinations of Witnesses Publication a day of hearing granted and all ordinary Proceedings Being asked Whether at that Board they have not been punished who have disobeyed Proclamations and Acts of State before my Lord Strafford's time and how long He Answered That out of his Observation at Council-Table Acts of State were made because of the scarcity of Parliaments that they might be a Supplement to Acts of Parliament that he hath known before and when he sate at the Board on contempts of these Acts of State or Proclamations which he said he had heard the Judges say to be a kind of Law of the Land for the present the Parties were Attached brought to the Board and upon full Examination of the Cause and Proof of the Contempt sometimes Imprisoned sometimes Fined according to the Delinquency and Degree of the Offence supposed to be committed Being asked of Fines in Cases between Party and Party He Answered That he doth not remember any Fine imposed in a special Cause betwixt Party and Party Sir Adam Loftus being asked to the same purpose He Answered It hath ever been since his remembrance the constant Practise there in Causes of the Church and Plantation to proceed on Petition Answer c. and Fines imposed on Breakers of Publick Acts of State and Proclamations But he remembers not any Fines for Contempts in case of particular and private Interest We shall admit it to have Cognizance of matters of Plantation and Church and such as are recommended from the King to the Council here But not to be a Court of Record From these Proofs I infer That the Council-Board there hath another Constitution then here where it is only a Court of State I shall produce the Order made in my Lord of Corke's Case which I observe to be in the Case of the Church and so within the Cognizance of Deputy and Council The Order was read being signed by Sir Paul Davis
of an Arbitrary Power of Jurisdiction in a case of Land without any former President wherein if he be justifiable he may as well riding on the High-way determine any mans Estate and added That if my Lord of Strafford insist on this they shall prove it not only in this but in twenty more of this condition on the Reply My Lord of Strafford desiring they might bring their Proofs at once The Manager Answered That they should prove an Act of the same Nature but of a higher strain concerning a Peer of the Realm for he chased such Lions But my Lord of Strafford desiring they might be kept to that within the Charge His Lordship began his Defence in substance as followeth I confess I am Charged with Treason by the Honourable House of Commons and that is my greatest grief for if it were not an Arrow sent out of that Quiver it would not be so heavy as it is but as it comes from them it pierces my heart through not with Guilt yet with Grief that in my Grey hairs I should be mis-understood by the Companions of my Youth with whom I have formerly spent so much time If the Decree be just as it is most just I hope it will go very far in the Case That whereas it is said it was against a Peer Justice excepts not persons and I know no Priviledge Peers have in point of possession of Land above common persons The Act of Parliament read the other day against which it is supposed to be made I conceive it to be the Statute in H. 6. time and desire your Lordships to remember that by the last words the King's Prerogative is saved I have done nothing contrary to the Instructions in King Iames his time nor the Proclamation nor any thing but according to the Power of former Deputies I acknowledge my Answer is mistaken in saying the Cause depended formerly in the Chancery which was not out of cunning but a meer failing of memory I desire my Commission may be read whereby it will appear I had Power to do that for which I am now questioned The Commission was read whereby he had Authority to proceed Secundum consuetudines terrae c. From whence he observed That having so great a Power the receiving of a Petition and giving Relief to a poor body should not be so great a fault being at the most but the exceeding of a Jurisdiction but by no Construction can be made Treason That yet this is no exceeding of a Jurisdiction but was a Power always in the Deputies before his time and warranted To prove it he produced the printed Instructions whereby the Deputy and Council-Table are forbid to meddle with common businesses within Cognizance of ordinary Courts nor alter possession of Land nor make private Orders or Hearings nor make Injunctions for staying Suits in any Civil Cause Which shews that that course was in practise before the Instructions took it away viz. to alter Possessions to grant Injunctions c. To prove by Witnesses that this Power was always exercised by the Deputy in the nature of a Court of Requests in England He offered my Lord Primate of Armagh his Deposition being taken by reason of his sickness by vertue of an Order of their Lordships but for that the Commons had liberty by that Order to cross-examine and yet had no notice thereof or of the Depositions so taken the using of these Depositions was waved after much debate till the next day in the mean time the Commons may cross-examine Henry Dillon asked Whether Petitions have been usually preferred to the Deputies and in how many Governors time he hath known it to be so That these Paper-Petitions have been preferred He Answered His Father had a Lease during his own life and his Wives and the longer liver of them and fifteen years after to his Executors and Administrators which he the said Henry Dillon being come to full age enquired into and looking upon his Fathers Evidences he found a business there depending between Sir Patrick Plaintiff and his Father Defendant before my Lord Chichester in the time of his Government and he found several Orders under my Lord Chichesters Hand in that Cause that he being Executor to Maurice Fitzgerard and having occasion to peruse his Writings to see what Debts were due to him he found among them several Orders of my Lord Grandison's time one Petition of Fitzgerard as well for Debts as for Land That in the time of my Lord Faulkland he observed and hath seen several Orders made by his Lordship and one made on behalf of his Sister Mary Dillon for a Portion paid by his Father and he recovered the portion and received the Money That in the time of my Lord of Corke and Lord of Elyes being Governors there was a Petition preferred against him by my Lord of Longford for a Horse taken by him the said Henry Dillon as Sheriff of the County of Longford pretending it to be a stray and belonging to His Majesty and triable as he conceived in the Exchequer and that he did appear but my Lord of Longford died before Examination Being asked Whether the Causes were before the Deputy alone or the Deputy and Council He Answered That in the time of my Lord Chichester he knows not whether they were before the Deputy alone but he found only my Lord Chichester's Hand to the Orders In my Lord Grandison's time he saw his Hand only but where the Causes depended he knows not But that in my Lord Faulkland's time was only by my Lord-Deputy That of my Lord Corkes and Lord of Elyes he remembers not whether it was before their Lordships and the Council but the way he was called to Answer was by Pursevant before he had notice of the Suit Being asked Whether Examinations were taken He Answered That in the Case of his Sister he conceives there were Examinations taken upon Oath And that in the Cause before my Lord of Corke and Lord of Ely the Attachment was under the Hands of the two Lords Justices alone Being asked on the Managers motion Whether he hath any of those Orders to shew He Answered He knows not whether those in my Lord Chichester's time were delivered to my Lord Dun on composing the Difference or in his Custody Robert Lord Dillon was asked What he heard my Lord Grandison say in maintenance of this Judicature by my Lord-Deputy alone He Answered That he heard my Lord Grandison himself say nothing of it but he heard by others that he pretended to it as a Judicature belōnging to the Sword Being asked what he hath known of the practice of this Court before the Lord Deputy alone before how many Deputies and upon what occasions He Answered That he hath seen divers Orders of Deputies or Petitions singly signed by themselves and no other hand but the Deputies Being asked in how many Deputies times He Answered That he hath seen of my Lord Faulklands
will come clearly to your Lordships judgments upon the Petition of the party when she shall sue for her Right And when it comes to be Charged upon me as a Misdemeanor I shall give such an Answer as befits me There is nothing in this Charge that can be interpreted Treason for it is but the exercising of a Jurisdiction in the Deputy which he hath Commission for from His Majesty and the inlarging of a Jurisdiction in a Judg I conceive is not Treason The Proofs formerly offered to prove the use and practise of the Deputies which I need not repeat your Lordships being Persons of great Wisdom and once said always said come to my help and assistance in my Charge the question being upon the same Jurisdiction only and that in one particular Circumstance I conceive my self stronger in this Cause than in that of my Lord Mountnorris This Case being of a Petition preferred to me but referred by me to be heard before the Council-Board and the Witnesses say That though they did not know nor remember that the Deputy himself heard Causes alone yet it was frequent for the Deputy to receive Petitions and refer them to the Board So that I conceive I have exercised or done nothing but according to the Practise and Customs of that Kingdom and consequently cannot be made use of as an Argument that I subvert the Fundamental Laws or bring in Arbitrary or Tyrannical Government when I step in the paths of my Predecessors and the practise of other men in the like Cases And that I say as to this Point of Jurisdiction The next Point I am Charged with is That the most part of the Council-Board Voted against it whereas I say in my Answer the most part Voted for it and on that I most humbly insist still and shall make it clearly appear to be so For Proof on the other Side they have only my Lord Mountnorris his Testimony who saies They had 12 against the Order and nine for it And Mr. Hoy saith That an Honourable Person that night told him 12 were for him and nine against him so it must all be one man and one Testimony To prove the Major part was for the Decree there was the Order signed under the Clerk of the Council a sworn Minister who could not draw it up without the plurality of Voices being against the constant practise of the Board to do otherwise That this was the practise I desire my Lord Primate's Examination may be read to the second third fourth fifth and sixth Interrogatories Those his Examinations which were taken in the presence of the Peers and Commons taken this morning being admitted to be read and the former taken in the absence of the Members of the Commons House being declared to be suppressed The said Examinations were read accordingly 2. To the Second he knows the use was to prefer Petitions to all the Chief Governors that have been within these fifty years last but what hath been thereupon he cannot say This my Lord of Strafford observed is to the Jurisdiction 3. It is the received practise of that Board that the Clerk of the Council being a sworn Minister should draw up the Opinions according to the Major part of the Board 4. That he hath not known the Earl of Strafford to have at any time urged or pressed any Member of the Board contrary to his own Opinion 5. That he hath heard him divers times profess he had but a single Voice and that Matters were to pass according to the major part of the Voices of the Board Whence my Lord of Strafford observed That the Clerk of the Council being a sworn Officer is perjured else the greater part of the Board was against the Lady Hibbots Robert Lord Dillon being asked concerning the use of the Board in the Clerk of the Councils drawing up Orders according to the major part of the Votes and what he had observed in this particular Case He Answered That the Clerk of the Council is a sworn Minister of His Majesty and by duty of his Place is to take notice of the Votes and accordingly to draw up the rough draughts of Orders and to present them to the Board to see whether they be to the sense of the major part of the Votes That he was present at the Council-Board when this Cause was Voted but cannot say upon his knowledge it was drawn up according to the major part of the Voices at the Board for he counted not the Votes but that was an inducement to him to believe so because the Clerk of the Council drew it up so and it is the Order of the Board when the major part Votes those that dissent in regard their Votes are involved do commonly Sign and that he had seen some Sign to the Order which had given Vote against the Decree Being asked severally how his Vote passed in this Order and whether the major part did not Vote it whether my Lord of Strafford did not always submit his Opinion to the major part and whether in a Case that concerned my Lord Renula there were eight at the Board and four went one way and four another that my Lord of Strafford would not over-rule it but called in another and desired the whole business might be referred to him whether before my Lord of Strafford's restraint this Order was questioned on this Point for want of the major part of Voices and whether at the signing of it or any time after he heard any Councellor except against the Order His Lorship Answered That he gave his Vote for the Decree that he reckoned not the Votes but conceives the major part were for it that he remembers not my Lord urging any man to Vote contrary to his Opinion or over-ruled it but was content to let it go That he remembers not the contrary but my Lord submitted to the major part of the Votes That in the business betwixt my Lord Renula Plaintiff and one Ormesby he remembers there were but eight men at the Board whereof my Lord-Deputy made one and four fell on one side and four on the other and my Lord Renula was then present as he takes it though withdrawn at the instant and for ought he knows my Lord Renula can say something to it That when my Lord gave his Vote he said He would not take the priviledge of casting the Cause but left it to an absent Counsellor and which way soever he inclined the Cause should go and afterwards that Councellor did Vote against the Opinion of my Lord-Deputy and the Order was drawn up so That he never heard of any Complaint of the Order nor heard of the business till he came to the Board That he doth not remember any Exception taken at the time of the signing the Order nor at any time after Sir Philip Manwareing being asked concerning the matter of the major part Answered That he was present at the Council-Table and his Vote went for the
by them to be appointed to Arrest and Attach the Bodies of all such of the meaner and poorer sort that after Citation shall refuse to appear before them or appearing shall omit or deny to perform and undergo all Lawful Decrees Sentences and Orders issued imposed and given out against them and them so Arrested to Commit and keep in the next Goal till they shall perform such Sentences or put in sufficient Bond to shew some reasons before the Council-Table of such their Contempts c. willing all Justices of the Peace c. in that Diocess to be Aiding c. as they c. Given c. Febr. 16. 1636. Tho. Little Mr. Glyn opened the several parts of the Warrant and offered that it was expresly against Law putting their Lordships in mind of the former words That he would make an Act of State equal to an Act of Parliament But now he is better than his word for he will make an Act of State higher than an Act of Parliament For whereas by the Law no Subject of the Kings in any Ecclesiastical Court may be taken till he be cited and then on disobedience he is Excommunicated and on Excommunication there is a Writ called Capias Excommunicatum by virtue of which he is apprehended Now my Lord of Strafford issues a Warrant to take him if he appear not on Citation breaking through the Law and making no matter of that but he will make a Law that extends to the Liberty of the Subject And if this had never been put in Execution it had been all one to the purpose of the Commons for this shews how being intrusted with the Kings Law in Ireland he discharges that Trust. But for Execution they desired Witnesses might be heard Sir Iames Mountgomery being asked how this Warrant was Executed and the Kings Subjects used under colour of his Authority He Answered That he hath seen several Warrants that have issued under the Hand of the Bishop of Downe's Chancellor sometimes to the Constables sometimes to his own Apparitors with their Assistance for to apprehend the persons under-named That there have sometimes twenty sometimes thirty sometimes more sometimes less names been put in the Warrant That he hath known them executed with great cruelty sometimes wounding beating imprisoning them Being asked on my Lord of Straffords motion how long since he knew any thing done upon that Warrant He Answered Since the time of the Warrant granted and he thinks the Warrant bears date February 1636. till of late much about this time Twelve-month which was the last time he was charged himself to be assistant to the Execution of it That he heard the Bishop of Derry had taken up the Warrants in Sommer last on many and frequent Complaints that had come and had withdrawn it from the Bishop of Downe about Iuly last The Manager closed this Article observing that my Lord of Strafford not only takes this Power but gives it over to others and see how they do execute it over the Kings Subjects Knights and men of Eminency must be called to assist and therefore it was high time to accuse my Lord of Strafford of subverting the Laws of Ireland And so expected his Lordships Answer My Lord of Strafford began his Defence in effect as followeth Such Warrants have been usually granted to the Bishops of Ireland in times of all former Deputies But not satisfied with the convenience thereof I refused to give such Warrants generally as was formerly used Being informed that divers in the Bishoprick of Downe gave not fitting Obedience I gave this Warrant being the only Warrant of this kind that I granted and hearing complaints of the Execution of it I called it in again They have produced only a Copy of the Original Warrant and what words may be omitted that 's in the Original God knows and I think under favour it would not be an Evidence at the Kings-Bench Bar. And this stands with the practice of former Deputies to grant such Warrants of Assistance to the Bishops The Lord Primate of Ireland his Examination read To the 7th Interrogatory That he remembers his immediate Predecessor in the Bishoprick of Meath told him he had a Warrant of Assistance from the then Lord Deputy who was either the Lord Chichester or the Lord Grandison That the Recusants in his Diocess desired it might be so for the saving of those Charges which would come on them by the Writs de Excommunicat ' Capiendo Robert Lord Dillon being asked whether he had known formerly such Warrants to be granted and by whom He Answered He hath heard Writs of Assistance have been granted by former Deputies but he remembers not that ever he saw any Mr. Tho. Little being asked whether this Warrant was granted according to former Presidents He Answered That he hath seen one of the Original Warrants before my Lords coming there and that it was brought to him to draw another by And going to instance in some Copies seen in my Lord of Faulklands Book of Entries The Manager excepted against him for medling with a Book formerly over-ruled Mr. Little proceeds That he hath seen an Original Warrant by which this was drawn and it was under my Lord of Faulkland's hand and this was made according to that pattern Being asked whether my Lord of Strafford did not restrain and give direction to him not to issue any other Warrant of that nature He Answered There was no more made but this though divers required them my Lord forbidding him at all times afterwards My Lord of Strafford offered his humble request to their Lordships that in all things that concern the Irish Charge they will please to remember it was not possible for him to procure any Witnesses in this short time of his Trial having not liberty till Friday was seven night These things being notorious and might have been cleared if he had had time He added That whether this be a true Copy of the Warrant or no I cannot tell but likely enough it is That it was moved for by the Bishop of Downe and Connor to whom for some reasons I was willing to grant it but being afterwards told by Sir George Ratcliffe that he doubted whether it was Legal or no I called it in again and never granted any but this That as appears in the proof I sent to the Bishop of Derry and desired him to call in the Warrant and so he did long before this complaint And thence I infer that it could not argue my intention to break the same Whereas the Gentleman at the Bar said that I had been better than my word for I had said an Act of State should be as good as an Act of Parliament but here I made an Act of State better than an Act of Parliament I observe that he is willing to make me better than my word when it may be for my disadvantage but is willing to make me worse than my word when by
my Lord of Strafford were a Partner But he the Examinant had no such great cause to desire it for he was not in three years but his Son was put out again when it came to matter of profit they were gone To this my Lord of Strafford did by the way Answer in substance That His Majesty gave Consideration for it and had the benefit himself And so I hope I have cleared how I came into the Bargain and that I cannot be Charged with procuring the Book of Rates it being Printed 10. March and my Lease began 21 April after and that the Right being in the Crown your Lordships will not conclude it till you have heard it for the King it being his loss in â… parts which was intirely His. And whereas I am Charged with raising the Book of Rates though done before my time yet I was taught here in England that they might have been raised to a much higher Rate than they were and to that purpose there came a Letter from His Majesty whereby in 1637. a Proposition was made of raising the Rates the Book being conceived not to be so high as it ought to be His Majesties Letter was read Mr. Slingsby affirming it to be a true Copy and that he saw it compared with the Original Imparting That His Majesty finding the Impositions set on Merchandize of all Ports to be well accepted and to have ready and free passage had Resolved That such Impositions be laid in Ireland as be fit for that Kingdom and to that end had caused a Book to be drawn with fit Considerations of the difference of Trade in both Kingdoms which was sent to my Lord of Strafford to advise of the Particulars who if he found that any may bear a greater proportion he may add what he will if he find any over-rated he may deliver his Reasons to be considered and Regulated by His Majesties Committee here Dated the 10th of Iuly 1633. My Lord of Strafford observed That at the date of this Letter he had an Interest in ¼ part of the Farm and desired that my Lord Dillon might be asked how my Lord of Strafford carried himself in it Lord Robert Dillon being asked Whether my Lord of Strafford did not join with the Council to disswade it He Answered That he was at the Board when the Original of this Letter was read as he takes it for there was brought with it a Book of Rates that he remembers not the particular words of my Lord of Strafford but he is sure by the whole Board the entertainment of those Rates was dis-advised And it was Resolved a Letter should be written to dis-advise it but he remembers not when the Letter was written Whence it may be observed That I was not very tender of my own profit which laid to the other I hope will clear me of this Article wherein there is nothing of Treason and nothing can be imputed to me unless that the Kingdom of Ireland is under the King 's blessed Government an increased and growing Kingdom and the Trade enlarged to such a proportion as makes the Customs of far more value than they were heretofore should be turned on me as a Crime And as for Treason your Lordships see no Complexion towards so foul a Crime and for all things that may reflect on me as Misdemeanors in due time and place I trust I shall clear my self from that as well as I do from this Charge of High-Treason Mr. Maynard Replyed thereunto in substance as followeth That whereas my Lord of Strafford says That to prove the matter of profit to himself of loss to His Majesty is impertinent They Charge that what he did was for his own Lucre. He Answers That what he did was for His Majesties Profit Therefore whether it be for his Lucre or not is in issue and that they have proved and that which he puts in issue is not to the purpose nor proved Whereas he says This Article is not Treason yet look to the whole body of the Charge his taking away the Property of the Subjects his inducing this by subtilty by force or advice to bring it to pass if these be proved their Lordships will be of Opinion with the House of Commons That it is a high and a great Treason Therefore let him not say this or that piece is not Treason let him Answer it if he can That the subverting of the Fundamental Laws be not great a Treason My Lord takes advantage that the Patent to the Dutchess concerns not him for it is granted in March and his 21. April following but if the Times be observed it will answer it self for the 10th of March 7 Car. the Rates are raised 21. March my Lord of Carlisles Patent is surrendred 24. March the Dutchess Patent dated and 21. April 8 Car. some 30 days after my Lord of Strafford's Lease is passed If this had been intended for the Dutchess she would have kept it but she keeps it not to pay a days Rent or receive any profit But this will intrench on my Lord of Strafford's Answer on the ingenuity of which he stands so much for he says There were Propositions to raise these Rates and he was acquainted and intreated to go on and thereupon he enters into the Bargain We desire your Lordships to mark the time that if there were these Propositions to raise the Rates and this Lease must be drawn on the raising of the Rates then was he interressed in the raising of the Rates before he was interressed in the Lease And then there is the Execution of a Design carried in several hands which tend to one purpose for he enters into it the seventh year and his own Lease is the eighth and therefore it was on his own Design and Counsel and for his own Profit My Lord instanceth That the Article lays the Book of Rates to be raised 9. whereas this was done 7. Mr. Maynard observed Time is not material had they charged him to have made a Book of Rates such a Date it had been something But if an Offence be laid in one year and it appears to be done in another year he must be punished for that now which he did at any time To the Tunnage and Poundage being the Inheritance of the King it is so in Ireland but the Point is the Oppression of the Subject when he makes that three which is but one and so instead of giving the King his due to extort from the Subject what he ought not to pay If he says Proofs could not be had to prove a greater value of the Commodities he had time to produce a Witness out of all Ireland The Commons have produced them that speak of the highest value and there is great difference between three four five the highest is six and twenty What occasioned Williams to Relinquish the Bargain is not material But in what Case is the Subject of Ireland that when a
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
three as he takes it Being Asked in what Case it was He Answered A Merchant of Manchester trusted with Money or Commodities and being not able to pay him he sued him and so far that he got a Warrant and this was before my Lord Deputy on a Paper-Petition Being Asked How long the Soldiers remained there He Answered some three or four dayes till the Man surrendred himself to the Sergeant at Armes Edmond Berne being Sworn and Interrogated How many Soldiers were laid upon himself by vertue of this Warrant and For what cause and What Contempt and What was the loss and Whether the Soldiers were Armed He in his several Answers Deposed That there came to his House Ten of my Lord Deputies own Foot-guard and an Officer in the County of Wicklowe in Ireland in the Bernes Countrey 12 Miles from Dublin That it was on the 17 th or 18 th of October 1639 and they came on his Land under colour of a Contempt and there lay 15 dayes In which time they consumed and devoured all his Goods and Chattels they found at that time They Thrasht out three Ricks of Corn one of Wheat one of Rye the other of Oates which were very well worth 50 l. at the least After they had Thrashed this Corn and devoured the Victuals they found in the house and about the house they sent some of this Corn to a Market-Town within three Miles called Bray and that they sold for Tobacco Aquavitae some Beer and Victuals for themselves And they would not be content with this to satisfie themselves on his Goods but they must bring in the Women of the Town and made the Women drink and offered to Ravish them but that some of the Town came in to Rescue them That after they had consumed all his Goods they broke up his Tenants doors killed their Geese their Hens and destroyed their Victuals and when they had destroyed all his Tenants Goods they came on the Town-people which were not his Tenants and broke open their doors and struck them and eat their Victuals and killed their Geese and Hens and after they came to his Tenant one Timothy Wells they came on his Land and understanding he was his Tenant they took away 40 English Sheep and brought them to his house and there that night they killed two of them That his Tenant understanding them to be there referred himself to the Lord Chief Justice of Ireland then and Petitioned to this purpose that is my Lord Dillon and Sir Christopher Wainsford that Mr. Wells which was his Tenant had an Order to take away his Sheep from the Soldiers and then the Soldiers Reply'd That since he had got an Order to take away his Sheep they were sorry they did not kill more of them That they were not content to have Wood which was for his the Deponents own fuell and to destroy that but they burnt his Partitions his very House-door sold his Trunck his Bedsteads his Dining-Table and all they could light on in his house that after this time he was not able to keep house but left his Wife and Children to the courtesie of his friends and was fain to flie his Countrey and to serve in the Low Countreys as a Soldier that he may very well take it on his oath that this loss was at least 500 l. out of his way for he was not able to sow the Fallowes and was fain to break up House and Home and was never able to keep House since That this was upon colour of a contempt upon a Petition preferred against him to my Lord Deputy by Mr. Thomas Archibald for a pretended debt of a matter of Ten pounds and these Soldiers were armed with Swords Musquets and Halbeards some of them Being Interrogated on my Lord of Strafford's motion whether he the Lord Strafford was then in Ireland He Answered That before the Soldiers came on his Land my Lord Deputy came to England But Mr. Palmer observed that the Warrant was from my Lord Deputy and Mr. Palmer added that all will refer to the time of the Warrant dormant Being asked what Warrant was shewed for laying on these numbers of Foot He Answered That he durst not come in their sight But Mr. Maynard observed that this was one of the men Savill did lay Soldiers on and therefore it behoved to be by that Warrant Being asked whether the Debt might not have been compounded for 5 l. and why he would not rather pay 5 l. than suffer prejudice to 500 l He Answered to the First Yes To the Second That he conceived the Debt not lawfully due Mr. Robert Kennedy being Sworn and Interrogated what he knew of the laying of Soldiers on the said Berne and the occasion and what they did He Answered That one Archibald preferred a Petition against Berne for a pretended Debt to my Lord Lieutenant and as his usual course was his Lordship would referr the matter to the two next Justices of Peace uninteressed and they to determine the matter by consent if they could else to certify that the party bringing the Petition to him the Deponent desired him to draw the Warrant according to my Lord-Lieutenants Order They sent a Warrant for Berne who appearing they examined the business and it was so trivial that he the Deponent desired them to compound it Berne stood on it that the Plaintiff ought to have none and would pay him none They certified my Lord Lieutenant After this Certificate he the Deponent heard not of it till he heard that Soldiers came to this Gentlemans Land and hearing of it and that some Tenants of his the Deponents were wronged by it he came thither and some of them he knew and asking by what authority they were there We come say they by Warrant of the Sergeant at Arms Mr. Pigott That the Deponent thereupon said Mr. Pigott hath no Warrant Yes say they my Lord Lieutenants and he directed us not to leave till Berne delivered his Body for a contempt That he the Deponent Answered Though you have a Warrant for lying on his Land you have no Warrant to destroy his Goods for they were selling his Corn and loaded the Horses that went through the Town That there was to the number of 8 or 12 of my Lords Guard armed with Pikes and Guns and Swords But my Lord of Strafford he thinks was not then in Ireland he was newly gone Being asked on my Lord of Strafford's motion whether he saw the Warrant under Pigotts hand He Answered He did not but the Soldiers told him Pigott laid them on the Land by virtue of my Lord Deputies Warrant Being asked how long Pigott had been a Sergeant He Answered About Ten years And whether there was any more than two He Answered No more that attended the State and Mr. Kenneday added that he wondred at the course for he never heard of any such course before my Lord of Straffords time Mr. Palmer here observed that they were
my Lord Deputies own Guard which could not be but originally from him Mr. Robert Little my Lord of Straffords Secretary being sworn was interrogated several questions viz. Whether he had made out any Warrant by the Lord of Strafford's Direction and under his Hand and Seal to Pigott or any else for raising Soldiers after this manner He Answered That he doth not know that Pigott hath any such Warrant nor doth he remember any such Warrant passed the Office if it did it was by Precedents of former times but in good faith he doth not remember it Whether he made any such Warrant to Pigott to his knowledge Answered That he never made any or heard of any nor knew of any Was one made to Savill Answer He never made that to Savill and he cannot tell whether there was one to Savill or not Was there an Entrie of any Warrant in his Book to that purpose Answer That he did not enter them at any time nor did he ever see any such Entrie or Warrant Mr. Palmer inferred from hence That he said the same for Savill that he said for Pigott and yet how publique a thing this of Savill's was their Lordships have heard and it could not but come to his knowledge at least his ear And Mr. Maynard observed he swears that he never made any such Warrant but if any were made it was according to former Precedents But my Lord of Strafford Answered That if any says he cannot tell 't is as much as he can say for another mans act Lord Ranalaugh being Interrogated what he knew of this Warrant of laying of Soldiers upon whom and how long His Lordship Answered That he had heard something of it heretofore but more particularly in November last when being at the Council-Board a Petition was preferred to the then Lord Deputy and Council by one Davis who dwelt in the County of Clare and by his Petition he set forth That notwithstanding on a Reference from my Lord Deputy to the Judges of Assizes he had obtained a Report from him yet by combination betwixt his Adversary and the Sergeant he had Soldiers laid on him which made him leave his Dwelling That he the said Lord Ranalaugh asked the party how the Sergeants came to lay Soldiers Yes saith he My Lord Deputy Wansford hath made a Warrant dormant and taken a course for it from my Lord Lieutenant and from himself as he the Lord Ranalaugh takes it tho positively he could say that the Warrant Dormant was the general Cause Being asked whether it had been used before or if it be an Innovation He Answered That he knew a custome hath been in Ireland for laying Soldiers on the relievers of Rebels and for laying of Contribution-money in case of Delinquency or not payment Or where a return was made by the Sheriff that the Kings Rents did not come in these Rents being applyed to the payment of the Army The course before my Lord of Strafford's coming was That Soldiers were laid to constrain such but in a civil cause between party and party he never heard of it before in his life Being asked on my Lord of Strafford's motion whether he the Lord Ranalaugh was not a Captain of the Army before the Lord of Strafford came and whether he had not Commission by Soldiers to levy part of the money due to him from the Deputy and Vice-Treasurer He Answered That before my Lord-Deputy came into Ireland the course was as he formerly touched that where there was arrear of Rents to the King and these Rents did not come in to the Exchequer then was assigned for the payment of the King's Soldiers and the Acquittances delivered to the Captains on part of their entertainment and this Acquittance out of the Exchequer was given by a special Warrant from the Deputy and according to that course his the Deputies method was with other Captains and thus he levied the Rent by his own Soldiers by virtue of that Warrant Being asked when the Money was Assessed thus on Countreys was it not by consent of the Countrey He Answered That if he hath not forgotten when the Gentlemen of Ireland were here 1628. they were suitors to the King for several Graces and they obtained several of them from His Majesty among the rest if he hath not forgotten that in case of non-payment of Rents or Contribution Soldiers might go and lye upon the Defaulters Mr. Palmer observed that when he speaks of Contribution or Rent he speaks not of this course to compell to obedience on Paper-Petitions And so he said they would conclude with their Witnesses reciting that their Lordships have heard the course taken to secure that Power my Lord of Strafford assumed to himself in hearing of Causes That this Usurpation on ordinary Courts of Justice to whom it belongs could not be secured without Arms in a Warlike manner to compel obedience Their Lordships have heard how it was executed that if the proceeding had been legal the proofs of Law had been according to the calme and quiet Rules of Justice but being an incroached Power it must be executed by force and Arms and War indeed for so it is in substance on the Subjects of Ireland That this was in time of Peace the troubles of Ireland being long since appeased and the People reduced to the condition of Subjects governed by ordinary Laws and Magistrates and now to put an extraordinary Power in execution to compell the Subjects by Act of Hostility they conceive is within the Statute of 25 Ed. 3. A levying of War against our Sovereign Lord the King within His Realm which is nominally Treason in that Statute and shortly for this reason The King being invested with His Sovereign Power whereby they are protected but this Power being instead of Protection used by his Ministers to the subversion and destruction of His Subjects doth on the matter make an Invocation on the King himself this being a bereaving the subjects of the Law by which they should live dispossessing them by force of Arms in warlike manner must be a war against himself That Law is of force in Ireland by 10 H. 7. whereby all the Laws made before that time were made of force there And by a particular Statute made the 18. H. 6. this very offence of Sessing Soldiers by Lords or any others or any the Kings people without their consent is adjudged Treason and the Offender is to be judged a Traitor The Statute was read Statutes and Ordinances made in a Parliament holden at Dublin 18 H. 6. ch 3. AN Act that no Lord or others shall charge the Kings Subjects with Horse Horsemen or Footmen without their good Will and by so doing the Offender is a Traitor IT is agreed and established that no Lord or any other of what condition soever he be shall bring or lead from henceforth Hoblers Kern or Hooded men neither English Rebels nor Irish Enemies nor any other people
nor Horse to lye on Horseback or Foot to lye on the Kings people but on their own cost without consent And if any so do he shall be adjudged as a Traitor Mr. Palmer concluded that this hath been done and how their Lordships have heard that this hath been done by Soldiers that profess hostility brought from Garrisons the places of War in great numbers and indeed the number left indefinitely to the discretion of the Sergeant at Arms in Warlike furniture which is literally true in the case And so he concluded the Article expecting my Lord of Strafford's Defence My Lord of Strafford desired their Lordships would be pleased to give him liberty to look over his Notes and he doubted not but to give their Lordships a very clear satisfaction by the help of Almighty God After a little respite his Lordship began his Defence in substance as followeth And First He desired their Lordships would please to remember that if he proved not all things so clearly and fully the reason was obvious and plain the shortness of his time the Witnesses being to be fetched out of Ireland and he having none but such as come accidentally That the other day he read to their Lordships out of Sir Edward Cook 's Book that the Customs of Ireland are in many things different from the Customs of England That for the things done in Ireland he conceived he was to be judged by the Laws and Customs of Ireland and not by the Laws and Customs of this Kingdom and that his Commission was to execue the place of Deputy according to the Laws and Customs of that Kingdom That what hath been opened to their Lordships to be so extraordinary he must justifie as very ordinary frequent and usually exercised by the Customs of that Kingdom That in all times the Army of Ireland and the Officers and Soldiers of it have been the chief hands in executing all the Justice of the Kingdom and of bringing that due obedience to the Kings authority that 's necessary and fit and due That if they had not been so used he thinks those who know the State of Ireland will acknowledge the King's Writs had never run in Ireland they being all executed by their Power and Assistance First his Lordship undertook to make it appear that in case of bringing in Rebels and Offendors of that nature and forcing them to come in it had been the ordinary practice of the Deputy and Council before his time to Assess Soldiers not only on the party but the kindred of the partys till the party be brought in and yet it is no levying of War for all that And because his Lordship heard much speaking of Rebels and Traitors he desired to represent to their Lordships what they be viz. a company of petit loose fellows that would be here apprehended by a Constable Lord Robert Dillon was called for and my Lord of Strafford desired he might be asked whether it had not been the practice of the Deputy and Council to Assess Soldiers not only on the persons but the Septs and whole kindred of Rebels Here Mr. Palmer interposed that for saving of time if my Lord makes this the Case that Soldiers have been laid upon the Septs of Traitors or Rebels that lye out in Woods and esloigne themselves from the Kings protection whom they call Kernes Outlaws and Rebels they the Committee will admit the usage though it will not justifie the Case being expresly against Law for by a Stat. 22 Eliz. If any lye out as Traitors or Rebels five of the Sept that bears the Surname shall be Fined at the Council-Chamber but not have Soldiers laid on them and against a Statute there can be no Usuage To which my Lord of Strafford answered And these are but ordinary fellows And he desired their Lordships would clearly understand what is meant by Rebels for every petty fellow stealing Sheep and the like if the party be out in action they commonly term such Rebels Robert Lord Dillon being asked whether ordinary fellows in Ireland passed not under the name of Rebels His Lordship Answered That touching this point he hath observed that when a party hath committed some Felony or unjustifiable Act and withdraws himself into the Woods a Proclamation is made for his coming in by such a time to render himselfamenable to the Law and if he then comes not in but keeps out in commmon reputation he is accounted a Traitor or Rebel Sir Arthur Tyrringham being asked whether of his knowledge the Deputies and Council have not frequently Sessed Soldiers on Offenders and Rebels when they could not be brought forth to Justice and what is understood by a Rebel in Ireland He Answered That it hath been the ordinary practice ever since he knew that Kingdom since my Lord of Faulklands being Deputy there and hath been ever practised there both by him and the Justices that came after him That ordinary fellows be commonly reputed Rebels with this observation It is true That every man is not a Rebel at his first going out though he be called so but the course is first to proclaim them and if they be not ameneable to Law they be Rebels and so they may be for Felonies of a very small value To prove that most of the Kings Rents as well Exchequer Rents as Composition Rents have been levied by Soldiers in all the times of my Lord of Cork My Lord of Strafford desired Iohn Conley might be called for who being examined how long since he hath been in Ireland and whether in his time the Rents were not col lected by the Soldiers and Officers of the Army He Answered to the First 15 years To the Second That he remembers it very well that in my Lord Faulklands time it was an ordinary course where the Kings Rents were due to send some Horse and Horsemen and takeup these Rents and lye on them till they were collected and taken up So in my Lord Grandisons time and in all Chichesters time and this is all he cansay Henry Dillon was called And First my Lord of Strafford desired liberty to defend the credit of his Witness as to some exceptions taken to him the other day and offered the occasion of the Order of Council-Board made against him to be only this That he said he heard some such thing said and thereupon was commanded to make an acknowledgement and to this he was invited and perswaded by my Lord Dillon for quietness sake rather than he should be troubled about so small a matter and that being granted he supposed the Gentleman stood upright and was a competent Witness in this or any other cause To which some of the Committee for the Commons answered That they except not against the hearing of him but offer to their Lordships memory his acknowledgement that he spake falsly as a weakening of his memory And then Henry Dillon being asked Whether he knew
rooted up Stock and Branch Being bid to repeat his Testimony He said He Declared he was then to leave his Sword and if His Majesty would return him thither again such as would not conform themselves to the Government of the Church who were of the Scotish Nation He hoped to root them up stock and branch or words to that effect Mr. Whitlock did then Sum up the Evidence That he conceives it proved that my Lord of Strafford Contrived the Oath sent for them of the Scotch Nation by Letter and then wrought with them to make it their own Work and Suit though it was his Command and by threats to some of them that did but desire to consider of it That diverse of the Scotch Nation being tender in their Consciences to take the Oath it being a new Oath and tendered without Authority of Parliament and so rather than they would take it were forced to leave their Habitations their Corn standing with all their Goods and Fortunes and to flie out of the Kingdom That Mr. Stuart his Wife and Daughters and one Iames Gray were Sentenced very deeply for refusing this Oath and that my Lord of Strafford declared That this Oath extended to the Ceremonies of the Church established and to be established That the Scotch Nation were Rebels and Traytors not going to any particular Man but the Nation in General And that if His Majesty would send him back again to that Government he would root them out root and branch This is to take a Power far above the Law this is to bind their Consciences by an Oath and to force them to that which they are tender of the Execution of this with so much rigor and cruelty showes the strength of my Lord of Straffords design to alter the Lawes and to do it with a strong hand with all his Force and with all this Cruelty And so my Lord of Straffords Answer was expected And then my Lord of Strafford after a little respit began to make his Defence in substance as followeth That almost every new Article sets forth a new Treason that for his part he never heard of before but for this that is now the Treason and concerns the Administring of an Oath to such of the Scotch Nation as were in Ireland He the Defendant besought their Lordships in the first place to take into consideration the time when this Oath was Administred because of something else that in the Conclusion for his further Justification he shall be bold to offer to their Lordships but he will begin with that which is matter in hand which though he cannot say was the true Reason that made him first think of it yet was a sufficient reason of it self if there had been nothing else The Proclamation for this matter he remembred was dated 20 th of May 1639 and in what condition the Kings Affairs then stood their Lordships and my Lord Steward in particular who was General are very well able to call to mind and what fears there were of the ill events of the things then in hand The apprehensions were That the Scots being a great Body in Ireland and not so few he is perswaded as 100000 by reason of their nearness to their own Countreys confining upon it might perhaps have Intelligence and Occurrence with their Countrymen called Those of the Covenant And this was the sence of all that were Ministers of that State under the King as well English as Irish and even those of their own Nation Thereupon they entred into Consideration how to secure that Kingdom and settle things in quiet Besides there was a Man afterwards Condemned of Treason for having a Plot and Design to have seized on Knock-fergus Castle and delivered it to a great Man in Scotland whom my Lord said he would not name for which he lost his life afterwards These particulars were confirmed by several Witnesses And to prove that there was a Debate at Council-Board for preventing of these Inconveniences my Lord of Strafford desired some Privy-Counsellors of Ireland might be examined Robert Lord Dillon being Asked Whether he and the State of Ireland were not very apprehensive of the danger that might happen to the Kingdom of Ireland If the Scots should declare themselves any way to the disquieting of that Kingdom He Answered That about that time there were some Advertisements out of the North of particular Meetings and Contrivances of some Plot or other by the Scots which made the State very apprehensive that there might be danger ensuing and that the consequence would be ill Being Asked Whether there was not a course taken upon that for an Oath to secure the quiet of the Kingdom He Answered It was debated at the Board and concluded That it would be a great Security and Obligation on those of the Scotch Nation in Ireland to keep them from Treating or Concluding any thing together if there should be any Invasion Being Asked Whether it was not thereupon resolved To Consult the Principal Gentry of that Nation and to speak with them and Whether my Lord of Straffords Letters were sent in persuance thereof He Answered That he thought the Letters were singly subscribed by the Lord Deputy himself but it was also with the privity of the Council Sir Philip Manwaring being Asked to the same Point Answered That at the time the Proclamation Issued he was in England which was the 16 th or 20 th of May But before he came from Ireland there were very many Apprehensions that Inconveniences might arise and many Considerations in Council which way to prepare and prevent them Sir Adam Loftus being Interrogated to the same Point Answered That there were at that time some Apprehensions and Fears of Danger that might arise from the People of the Scotch Nation in respect of their numbers there lest they should adhere to them of the Covenant in Scotland and thereby endanger the Kingdom of Ireland at that time And therefore it was debated at the Council-Table that some Oath or Bond might be made that might divert them from joyning in the Scotch Covenant and thereupon it was resolved That the Principal Noblemen and Gentlemen of Scotland that were then in Ireland should be sent for and there dealt withal both to express their Loyalty and Service to the Nation of Ireland by their due obedience and also to offer some Means that might be Security to the King and themselves And being further Interrogated Whether my Lord of Strafford's sending for these Principal Gentry of the Scotch Nation Was not with the Privity of the Council He Answered That he thought it was and Added He was very Confident it was though the reason was not exprest in those Letters Being Asked on M r Maynards Motion Whether he was there when my Lord Mountgomery and Sir Iames Mountgomery made Exception to the Form of the Oath contrived He Answered He was not present at any Exceptions taken at it Being
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
Money he told them that the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise Moneys by force was a point worthy of his Lordships Consideration MR. Maynard proceeded to open the 26th Article and observed That they had shewed formerly how my Lord of Strafford had laboured a Disaffection betwixt His Majesty and His People Now they come to shew That His Majesty being put to extreame Charges by the Advice of my Lord of Strafford my Lord adds his advice for seising Money in the Mint and for that of the base Coyn or Black Money And that when some attended my Lord of Strafford about it to shew to him the danger and ill consequence that might arise from it my Lord of Strafford tells them The City had dealt undutifully and unthankfully with His Majesty and were more ready to help the Rebels than His Majesty and they may thank themselves and it was the Course of other Princes to make use of such Monies And when the Master of the Mynts gave Reasons against it my Lord said The French King uses to send Commissaries to mens Shops and to look into the Accompts and Books of men to see and peruse their Estates that they might raise and levy it by force And turning to a Noble Lord by him he said That was a point worthy of his Lordships Consideration To prove the words spoken about seising the Money in the Mint Robert Edwards was Sworn and Examined What he heard my Lord of Strafford say when he attended him about the Money seized in the Mynt He Answered That he went to his Lordship about the danger that the Company of Merchant-Adventurers were in in regard their Estates were beyond Sea giving his Lordship to understand the danger in regard so much Money was taken out of the Tower being as he remembers on Saturday night They went on Monday morning and desired my Lord to speak to His Majesty that the money might be restored again that their Means might not be seized for some strangers had threatned they would signifie to their Principal how their Money was taken from them and would seek for a recompence again by the Means they had beyond Sea And my Lord made Answer again to him and diverse others that were there That if they fared amiss they might thank themselves for if they went on in that manner they were like to find it themselves and that they should have the damage of it if they did look to it no better And withal he said That though they think it is a strange business here yet beyond Sea it is not so but on Command men have their Goods taken This was the substance as he remembers of what he said to them Being Asked What my Lord of Strafford said touching the City of London He Answered That he said They did deal very unthankfully and undutifully for there was but 14000 l. for Ship-money that was His Majesties due and they denyed the payment of that and did more to maintain the Rebels than they did to maintain His Majesty Being bid repeat his words He said That they came at first to be humble Suitors to his Lordship to be a meanes to His Majesty that the Money taken from the Tower might be restored again for the Merchants Adventurers Estates beyond Sea were in great danger in regard there were some strangers threatned to write to their Principals to stay their Estates there for the Money stayed in the Tower Whereupon my Lord made Answer That if they did speed amiss they might thank themselves for they are more ready to hold with Rebels then they were to give His Majesty His due which was 14000 l. for Ship-money Being Asked on my Lord of Straffords motion Where he spake them and Whether he was not then Sick He Answered It was in his Chamber and my Lord did sit in his Chair and he the Examinant stood hard by him with four or five more and he conceives my Lord was sick at that time Being Asked on like motion Whether he did not tell them he was sick and could not go to the King at that time He Answered That he remembers not that my Lord said he could not go to the King but he said he knew nothing of it till that morning to his the Examinants remembrance Anthony Palmer Sworn and Interrogated What my Lord of Strafford said to him concerning the mixt Money He Answered That my Lord of Strafford had some Discourse with him and the rest of his fellow Officers concerning base Money and upon the Questioning of it they gave him their Reasons against it and the insufficiency of it to do any thing and said so much as they conceived my Lord was disswaded from going any further in it Upon this he afterwards shewed them a Letter drawn out of his Pocket which as he said was sent him out of France and in the French Tongue and because he the Examinant did not understand the French tongue he read it in English to this effect so far as the best of his memory will hold That the King of France or the French King had appointed certain Officers of his to go and take view of mens Books of Accompt and Estates by that means to see what they were worth and to know what the King might demand of them and if they were not willing to pay it there would be a force upon them to pay it This to the best of his Remembrance is that my Lord did deliver Being Asked Whether my Lord of Strafford did not speak words to this effect That if His Majesty should do so he should have the Examples of others or to that purpose He Answered Something he set forth to this effect but the very words he cannot express but it was to that purpose That he had received Letters that the King of France had sent Officers that took view of Mens Books and Accompts to raise to himself some Moneys if they were not willing by constraint and withal some other Speeches did fall from him to this purpose but the very words he cannot speak that it was an Example or might be an Example to do the like in England Being Asked on my Lord of Straffords motion Where this was spoken He Answered It was in my Lords own house in Leister-fields he thinks and there were present three more Sir William Parkhurst Mr. Gogan and himself and my Lord Cottington was also there Henry Gogan Sworn and Interrogated What he heard my Lord of Strafford say when he attended him about the abusing of the Coyn He Answered That after the Coyning of the Base Money was thought on there were Queries made
that their Estates being beyond Sea my Lord of Strafford should make so little of it But my Lord Answers nothing to these words That the City of London was more ready to help the Rebels than to help the King and he doth well not to do it for whosoever doth help a Rebel is of the same condition with the Rebel For the matter of the Letter it is of no great importance whether it be so or no But the matter is What Speeches were used My Lord sayes the Speeches are proved by only one witness But the truth is one Witness positively swears one part and another the other part but both agree That my Lord Cottington was there though Sir William Parkhurst doth not remember it Mr. Whitlock added That my Lord of Strafford is pleased to mention a Letter from an Honouable person my Lord of Leicester and now he observes it was a Gazette and no Letter at all from my Lord of Leicester But my Lord of Strafford desired he might not be mistaken he being very tender to have it laid on him that he should in any thing speak untruth or contradict himself Their Lordships know the Letters sent familiarly every week from my Lord of Leicesters Secretary as News to the forreign Committee are only in the nature of a Gazette and so he intended to open it Mr. Strowd added there is something in the Tract of this Article that sticks near to me and I cannot let it pass Whereas my Lord sayes Words are only laid to his Charge which argues his innocency in Fact in that he hath been sparing in doing whatsoever his Language is First The Laws are clear that words may be Treason and to every mans reason it sounds thus far That words in consequence may go beyond some actions and words of the highest nature he hath used all trenching deeper on us than some Acts might have done to counsel His Majesty in things of that consequence it touches not only on the safety of His Majesties Crown but also on the Liberty of his People and may go beyond force for if my Lord of Strafford had brought in his 8000 Irish by force we might have withstood them by force But when he goes to the Ear of a pious Prince and insinuates that we know not of and brings a desolation on a Kingdom who shall repell such Language when force may repell Forces And surely had he plotted and devised against His Majesty by any one which God forbid he should or that His Majesty should be in that danger the pretence of a Prince might have daunted a Traitor that he could not have done the work yet had he done it which God forbid a Prince may dye with fair reputation to posterity but when he shall inspire a Prince in his ear and provoke tyrannical Carriage to His Subjects he may abuse a good Prince but how he may leave him to posterity I leave to your Lordships But my Lord stays not singly in Counsel and Advice but something was done upon it I appeal to your Lordships when proof shall be brought in the case and First consider the misery that England is now in what could have been done more to have made us miserable but absolute desolation The Aldermen were committed that very day and though it cannot be proved he gave the immediate Counsel yet he gave the Counsel that hath been proved and that day four of them were committed and this the Aldermen are ready to prove Sir Henry Garaway Interrogated Whether any of the Aldermen were committed He Answered That he shall not need to Answer that for my Lord will confess it there were four Aldermen committed Alderman Rainston Alderman Somes Alderman Geere Alderman Atkins and it was the same day they were there to give an account of the able Men and the loan of 100000 l. Their Answer not giving satisfaction they were committed the same day to several prisons by what Order or Direction he knows not So Mr. Glyn desired their Lordships to observe the words proved against him That no good will be done on them till they were laid by the heels which my Lord sayes produced no effect yet that very day four were laid by the heels and it rests upon their Lordships Judgements by whose advice And Mr. Strowde concluded That my Lord of Straffords Words and Actions Agree in this Kingdom and the miseries of this Kingdom do agree with his Words and Actions And so the 26th Article was concluded THE Seven and Twentieth Article The Charge 26 THat in or about the month of August last he was made Lieutenant-General of all His Majesties â—orces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintainance of every Soldier of the Trained-bands of that County which sums of Money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terror to yield to the payment of the same he did Declare that he would commit them that refused the payment thereof and the Soldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of High Treason MR. Maynard proceeded to the 27 the Article That the Earl of Strafford imposed a Tax on His Majesties Subjects in the County of York of 8 d. per diem for the maintainance of every Soldier of the Trained Band of that County causing it to be levied by force Threatening them that refused with Commitment and that they that did not pay the Soldiers should be satisfied out of their Goods and they were in little better case than the case of High Treason that refused to pay The state of their proofs will stand thus There were three Levies First a months Contribution and that was for the general The Second a Contribution for a fornight and that was for two particular Regiments or Companies A Third for a month more so it was for ten weeks in the whole My Lord of Strafford pretends two things in his Answer for his excuse First That it was upon a Petition from the Country To that we say this The Country did petition His Majesty offering their endeavour in that Petition they likewise desire a Parliament for redress of grievances with which Petition some principal Gentlemen of the Countrey attended my Lord of Strafford desiring his assistance He likes well the clause concerning the Petitioners endeavours but not that touching the Parliament and therefore he would not deliver it though he said it would fall out there would be a Parliament His Majesty having resolved it but he likes not that they should Petition it They refusing to retract from their Petition he doth in the name of some of his Lordships Friends and Dependants
answer Categorically He Answered That he verily believes my Lord did so and that under favour reaches almost to a knowledge the thing is so notorious that the thing it self may be known Being required to speak his knowledge Whether my Lord of Strafford told them the Lords had Commanded or Consented to it He Answered When that was spoken of he was out of the Room and it was drawn by Mr. Rockley a Deputy Lieutenant but Mr. Rockley told him my Lord did say so Being yet again prest to a positive Answer Mr. Maynard observing to their Lordships That when a Gentleman is brought upon his Oath in a Cause of this Consequence this Dalliance is not to be admitted He Answered That he Answer'd as clearly as can be And the Gentlemen will not press him beyond his knowledge He sayes he doth confidently believe it but under favour he was not at that time in the Room but Mr. Rockley told him My Lord of Strafford had acquainted the King and the Great Council Mr. Maynard observing That now he speaks less then before and desired he might be Interrogated Whether at that time or at any other time my Lord of Strafford told him The Lords of the Great Council had assented to this Levy Which being proposed He Answered He doth confidently believe my Lord did it It may be proved by a great many others but he is confident of this as of any thing in the World that my Lord did tell them when they went to draw the Warrant That my Lord had acquainted the Lords of the Great Council and His Majesty and that he did it by their Consent and therefore they put it into the Preamble of their Order Sir Hen. Griffin Sworn and Interrogated Whether my Lord of Strafford said The Lords of the Great Council had consented to the levying of Money He Answered He heard my Lord say so indeed or else they had not set their hands to the Order that he had direction from the Great Council to levy Money for Sir William Pennyman and Sir Tho. Danbies Regiments Being Interrogated In what manner the Money was to be Levyed He Answered That he doth not know in what manner Being Asked on my Lord of Clares Motion What he meant by this Direction He Answered That there was an Order made from all them that were Deputy-Lieutenants and my Lord of Strafford as one and this is the Order concerning the levying of Money for the two Regiments Being Asked on Mr. Glyns Motion Whether my Lord of Strafford had not directed the money to be levied in manner as is exprest in the Order He Answered That to his best Remembrance my Lord did say so he must confess Being Asked Whether in case any refused to pay this money they were not to be compelled to serve in person He Answered There was such a Clause in the Order to his best Remembrance Mr. Robert Strickland Sworn and Interrogated Whether my Lord of Strafford said The Great Council had directed Warrants should be issued for the levying of Money He Answered Yes It cannot be deny'd He the Examinant gave a Copy of that Order when the last Commissioners were at Rippon and he saw a Gentleman even now behind him that had a Copy of the Order and Warrant and it is declared that it was done by the Great Council of the Peers Sir Iohn Burroughes Sworn and Interrogated Whether he knew of any such VVarrant or Order for levying money for those two Regiments He humbly intreated That he might have their Lordships direction before he Answered the Question for their Lordships know very well that by His Majesties Command he was appointed to be Clerk or Register of the Great Council Moreover he conceives That by his duty all Orders and Resolutions of the House especially those that concerned third Parties without asking leave he was to deliver to the parties if they required them But for such Debates and Arguments as were used in the Great Council to and again between their Lordships he humbly intreated their Lordships Direction VVhether he should publish any thing of them or no And upon their Lordships Order he shall clearly and with all integrity deliver the truth Being permitted by their Lordships to speak to the Questions propounded He proceeded and said That he hath very good cause to remember that upon the 20th of October he went to my Lords Commissioners for the Scotch Treaty at Ripon and upon that day there were two prime Gentlemen of those parts that came and attended the Lords he thinks about business of their own and he supposes only to tender their service to their Lordships That amongst some other Discourses betwixt the Lords and them they mentioned some such Order as this was concerning the relieving of the two Regiments that were for the Guard of Richmondshire and some other of those parts made as they said by the Great Council of the Peers and thereupon that themselves my Lord of Strafford and the rest of the Deputy-Lieutenants had granted out VVarrants for the Assessing of Money for the relieving of those Regiments Those that heard it were startled at the Order being said to be an Order of the Great Council and commanded him the Examinant to inform them VVhether he knew of any such Order he told them He remembers not any such Order and was confident he never drew up any because he never heard any mention of those two Regiments in the Great Council Their Lordships asking him whether he was sure of it he told their Lordships he would look on his Notes and faithfully inform them how the case stood he did so and came back to their Lordships and told them he found nothing in his Notes of these Regiments and while he was there he was confident no Order was drawn up It is true he told their Lordships some Order might be drawn up when he was absent for he was first at Ripon and at York he was oftentimes employed in the Committee to write Letters and Orders and what was done in his absence he could give no answer to but confident he was no Order was made before the 20th of October by him or in his hearing or knowledge Hereupon the Lords desired those two Gentlemen to give them Copies of the Warrants they had sent out And that he the Examinant should take their Testimony which he did this was the Twentieth or Twenty seventh of October which was the last day of the Great Council of the Peers My Lord of Strafford in Council then did take notice that some such thing had been done at Ripon and then said to my Lord that he did conceive he had the Kings Order and their Lordships Approbation for the issuing out of this VVarrant But since he conceived their Lordships disliked it he had taken Copies of it he was very willing to withdraw these Warrants And on Debate there was nothing more done For his part he never drew up an Order nor
Lord of Carlisle amounted to 3400 l. a year sometimes an odd 500 l. sometimes 200 l. but Communibus annis it was above 3000 l. And this being by Surrender drawn into my Lord of Straffords purse but out of the Kings purse and that not only by way of gift for this surplusage above the 1400 l. per annum on the Wines was to be made good out of the 11050 l. So that out of the 11050 l. there is drawn from His Majesty 4500 l. instead of an advance of 1350 l. And it rests not here for besides these the Customs of London Derry and Colerane worth 1500 l. a year and the Customs of Knockfergus and Strangford reserved in the Dukes Lease are stollen out by way of Defalcation in the Earl of Straffords Lease Besides whereas the Duke of Buckingham had a moiety of the Kings moiety of all Seizures in case of mens concealing Custom or Landing Goods at unseasonable times the Statute allowing to His Majesty in some such cases a Moiety in some cases the whole my Lord of Strafford by his Lease must have all that belonged to the King And whereas the Duke of Buckingham had for Merchants Goods that came in by way of prize an allowance of Custom By the Lease of my Lord of Strafford whether they be the Kings Goods or his Subjects Custom must be paid by His Majesty to his own Subjects Mr. Glyn observed also a strange Clause in the new Grant which is to the matter of opposition and Subversion of the Laws That this Grant shall hold whether it be repealed by Parliament or not And further the Rates are inhanced when they come to my Lord of Straffords Grant in 12 particulars so that the Customs which at that time were presented as worth 12000 l. a year fall out on proof to yield seldom less than 40. sometimes near 60000 l. a year all which Gain hath gone out of the Kings Purse and is in my Lord of Straffords and his Partners The Lease made to the Duke of Buckingham was first read as to the Grant the Render and the Defalcations Dat. 23 May 16 Car. The Lease to the Dutchess of Buckingham was next read dated 24 Mar. 7 Car. from the several parts whereof Mr. Maynard observed the inhancing of the Rates The Grant of the Wines the Payment of the Customs for the Kings Prize-goods the Clause touching the Repeal by Parliament the Defalcations the allowing the part of the Kings Moiety of the Seizures so formerly opened to be fully manifested In this Lease there is 20000 l. consideration by way of Fine and 11050 Rent received The Grant of the Surplusage of the profit of Wines to the Earl of Carlisle above the said 1400 l. per annum Rent for the remainder of fifteen years was read Wherein is recited the original Grant under the said yearly Rent of 1400 l. and the Surrender thereof to the Crown 21 Martii 7 Car. They proceed to prove the Values And first Witnesses were produced to prove that by the Duke of Buckinghams Lease 3700 l. per annum was answered to the Crown for the Moiety of the Surplusage of Profits over and above the 6000 l. yearly Rent thereupon observed The Lord Ranulagh being asked to that point Answered That he was a Partner in the Farm in the time of my Lord of Faulklands Government in Ireland and on the Lease there was reserved to the King over and above the 6000 l. a surplusage of the profits which came to 3700 l. To prove the value of the Wine-Customs above the 1400 l. Rent reserved on the Earl of Carlisles Lease which was to be answered to the Earl of Carlisle out of the 11050 l. Sir Iames Hey sworn and interrogated to that point Answered That in 1635. the late Earl of Carlisle sent him into Ireland to settle his affairs there where he stayed almost 12 months and then he received a years account of the Wines which he hath to produce under the hand of the Auditor of that Kingdom which is the money received for the profit of the Wines The Accompt was read viz. A Collection of what the Impost of Wines amounted to according to the old Rates for the year ended March 1635. in the several parts following wherein all Wines discharged out of forraign bottoms are rated as strangers viz. The Total 3787 l. 15 s. 9 d. Sterl Out of which the sum of 1400 l. the Rent formerly reserved to His Majesty out of the said Impost defalked there will remain 2387 l. 15 s. 9 d. Sir Iames Hey further said That 1636. my Lord of Carlisle dyed and he will not depose for that years Accompt but he conceives it is an Accompt sent over from the same party And that he had a Letter from an Officer of the Custom-house at Dublin wherein he mentioned the Impost to amount to 5000 l. and upwards either 1638. or 1639. but he is not certain which To prove the Value of the Defalcations of London Derry and Colerane Robert Goodwyn sworn being asked what the Customs of London Derry and Colerane amounted to Communibus Annis He Answered That the Customs received in the Town of Colerane In-gate and out-gate from 25 Mar. 1634. till 25 Mar. 1639. being for the space of five whole years as appears by the several Accompts thereof is 1079 l. 6 s. 1 d. ½ That the Total of the Customs of London Derry where he collected himself in-gate and out-gate from the last of Febr. 1634. till Michaelmas 1639. as appears by the several Accompts thereof made by His Majesties Commissioners for the City and County of London Derry is 5348 l. 11 s. 10 d. That he shall acquaint their Lordships with the full Truth These were not Collected according to the Book of Rates but at an under value That all the Book of Rates 1634. and so forward to the last Book do value Beef at 16 l. a Tun. But because Beef is sold in Derry and Colerane for 6 or 7 l. a Tun at utmost therefore he was directed by the City of London to take 6 s. after the rate of 6 l. Then for Hydes these Books of Rates value a Hyde at 12 s. and where he should have taken 6 d. he received by direction of the City but 2 d. at the Infancy of the Plantation and for the good of the place which the City tendred Henry Brawd sworn and examined to the same matter Answered According to the Deposition of Robert Goodwyn for the value of the Customs of Colerane and London Derry To prove the value of the Farms in Ireland Iohn Welsh sworn and examined to that point Answered That he can speak nothing of knowledge but only by hear-say To prove the value of the Customs as increased on the New Book of Rates Robert Cogan sworn and Examined to that Point Answered That he never cast them up in particular but he did estimate them before they took the Farm to be
worth 10 or 12000 l. a year Here on my Lord of Strafford's Motion Mr. Cogan was asked Where he now lives He Answered In London To prove the increase of Customs 1636 1637 1638 1639. Iohn Welsh Examined to that Point Answered That he was directed from the Committee to come hither That he went into the Exchequer-Office and took notice of some Books there presented to him by one of the Officers of the House and he Collected these four years 1636 37 38 and 39. and as they came to his hands he put them down 1636. they came to 39936 l. 1637. 38889 l. 1638. 57380 l. 1639. 55582 l. Being asked concerning the value of Hydes Wooll and Tallow He Answered That he knew the values very well being Commodities he deals in daily That he hath bought Hydes for 3 s. some 4 s. some 5 s. and very few exceed these Rates And in their Parts they ordinarily give 50 l. a Last which is 200 Hydes and then they have ordinarily 30 or 40 Hydes on the Last to make them full Hydes For Wooll there is of 3 s. 4 s. 5 s. 8 s. 9 s. and that 's the highest price he ever paid or knew any of his Neighbours to pay he living in Waterford Whence Mr. Maynard observed That a Hyde of 5 s. is rated at 20 s. and 9 s. the uttermost for Wooll rated at 13 s. 4 d. Lord Renula being Interrogated to the value of the Customs 1636 37 38 and 39. He Answered That all he knew of it is this about Christmas last he called on the Remembrancer of the Office of Exchequer that keeps the Books of the Customs he desired a Note of the value of the Customs for three or four years back and the Officer gave him a Note 1636 37 38 39 which Note he hath but forgot to bring it with him this Morning But to the best of his remembrance the value of the Customs for these years is thus 1636. either 38. or 39000 l. and some odd hundreds 1637. 39000 l. and odd 1638. is the greatest year and then it was 57000 l. and 1639. 55000 l. Patrick Allen sworn and examined to the value of Hydes and Wooll in Ireland Answered That he hath bought Hydes at 4 s. 4 s. 6 d. 5 s. and 6 s. the most that ever he knew any pay for Hydes for Wooll there is a course Irish Wooll not worth 4 s. some is worth 6 s. some 7. s. 8 s. but 11 s. is the most that ever he knew paid for Wooll And so Mr. Maynard closed the Article and left it to their Lordships Consideration what the King hath left what profit my Lord of Strafford hath received To which my Lord of Strafford made Defence in substance as followeth I shall under favour proceed to make a just Defence of my self as to this Impeachment of Treason brought against me by the Honourable House of Commons for that is the thing in question and which I shall only Answer unto as being Charged with nothing else I desire I may read the Charge and then your Lordships will see how pertinently the time hath been spent in the proving of it He reads his Charge as to the Tenth Article With humble submission to your Lordships great Judgments I conceive there is nothing in this Charge that can by any Law that ever I heard of be brought to be Treason These Gentlemen have told your Lordships what His Majesty lost by a Contract with the Dutchess of Buckingham which I conceive concerns not in me at all being no Party to it If the Dutchess by her Grant of 24. March 7 Car. had more Priviledge than the Duke of Buckingham had for the 10 years preceding yet by their own shewing here is 20000 l. Fine and an increase of 1350 l. a year Rent so that there was a Consideration for it That these Twelve Commodities were raised and the values inhanced on that Consideration 24. March 7 Car. but the Lease wherein himself was Partner bears Date 21. April after So that the Book of Rates was not raised by me but by them that had care of the business between the King and the Dutchess of Buckingham And this being set by the King's Officers to whom it was proper in the 7th Year of the King it falls very short of what is Charged in the Article that I should do it in the 9th Year of His Majesties Reign If they can shew a Book of Rates raised the 9th it may be said he hath raised the Book for his advantage for then he had a quarter part of the Farm and the King hath â… parts to himself and these things have been tumbled and tossed over and over again and fully answered in another place and I shall be well able to answer it still that the King hath had as great a Service done in this particular as may be in this matter But that is not the question of the day I am Charged with raising a Book of Rates in the 9th Year of the King and if there be any such Book it is more than I ever saw I know of none but that which was setled in my Lord of Portland's time before I had any Interest in the Farm which I think will go far to my clearing in this Point Whether these Rates be indifferently set or no is a business for Merchants and matter of Proof and if it should be Charged on me as a Crime I hope your Lordships will allow me time to examine Witnesses and likewise Council But I conceive it can be no way conducing to me as a Crime and as a Treason I think your Lordships Judgments will clear me and that 's my Answer as to the Book of Rates and I think a clear one For the values your Lordships may be pleased to consider that it may be a loss to the Farmer and consequently to the King who hath five parts of eight But it can be a Crime to no body and I hope your Lordships will give time to prove the point of value Your Lordships may suppose I know not the price of Hides and Wooll and Tallow being out of my Calling but their worth will appear to be such that the Duty is but taken according to the Articles of Tunnage and Poundage that give this Duty to the Crown For Tunnage and Poundage in Ireland is of another kind than in England for here it is given Temporally but it is an Inheritance to the Crown in Ireland being 15 H. 4. given to the King and his Heirs and producing the Book of Rates his Lordship said That nothing is taken but what is justly due by that Book And if Merchants who speak for their own advantage be rested on for the price of things the Customs will be little But this Book of Rates was set by the Lord Treasurer that then was and justly and fairly I think and accordingly Customs have been taken and when it shall be laid to my