susteine Thirdly the necessity of that Court in that Kingdome which hath beene ever governed by that way and therefore impossible to debarre the natives from it without great inconvenience for it would utterly undoe them and none is prejudiced by it but the Lawyers And therefore seeing that he had done nothing but what was customary necessary and equitable Commanded to it and the Sentence just hee hoped rather for thanks from the State then a Charge for his ill Deportment withall he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that peece of Land and made the playing of his game to be very foule and at last hee added That he had done no more in Ireland then the Court of Request in England usually doth And that the Chancery Court in Ireland doth the same daily and the last Chancellor was never Charg'd said hee for such Proceedings though this his Power and Authority was lesse then mine But the difference of the Person and his Authority it seemeth differeth the matter And this was the businesse on Monday On Tuesday they passed by the 7 Article and the two first Tuesday Charge the latter part of the eight Article Lady Hibots Case parts of the 8 about the Lady Hibbotts Land That hee had violently thrust her from her possession by this Summary way of Justice and afterwards purchased the land to his owne use by borrowing the name of Sir Robert Meridith In this Probation the testimony of the Gentlewomans own sonne was used of the Lord of Corke and the Lord Mount-Norris all his back-friends or professed Enemies and yet they proved very little but what they tooke up upon hearesayes their prime Allegation was First That though the major part of the Councell-Boord had voted for the Lady yet the Lord Lievetenant had given Decrees against her Secondly That all was done to his own behoofe To the First Hee produced the Sentence under the hand Straffords Reply of the Clerke of the Councell-Boord subscribed by the Major part To the Second Hee attested that hee had no under-dealing with Meridith for the Lady had got her own Lands back from the said Sir Robert Meridith Hee also declared at length with what fraude and deceit the Lady had come to her Lands and upon what reasons they were restored After this Article they fell upon the ninth about the giving Charge Article 9. of Commission to the Bishop of Downe and Connar for apprehending all such Persons and presenting them before the Councell-Boord as contemned the Ecclesiasticall Ordinances This was aggravated as a point mainly against the Liberty of the Subject To this Hee Replyed Fist Hee produced the Primate of Irelands Testimony under Straffords Reply his hand hee being himselfe sick that the same course had been used in Ireland before and that Bishoppe Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly Hee shewed the Equity that such assistance should bee given to Church-men who otherwise because of Papists and Schismaticks either to God or the King wâ—â—ld have no Respect or Obedience given them in that Kingdom Thirdly He proved by two witnesses that such Warrants were in use before his time Fourthly Hee said hee had never granted any but that one and had presently within some few Moneths called the same in againe what said hee was the Bishop of Downes carriage in it hee had no reason to answere for But hee presumed the Bishop could give a satisfactory answere for himselfe when hee should be called in question And so hee concluded that a matter so just so necessary so customary and practicall before Hee hoped should not bee Charged upon him as an Introduction of a new and Tyrannicall Forme of Government And therefore submitted himselfe to the Mercy of God and the Equity of his Peeres in his Tryall And this was the worke on Tuesday The ability of this brave Gentleman ravisheth his hearers with admiration though he bee infinitely spent both in Body and Mind by the continued and almost un-interrupted Agitation After the ninth Article was passed against the Commission issued Wednesday Charge Art 10. in favour of the Bishop of Downe and Connar Upon Wednesday Master Glyn proceeded to the tenth Article the Charge was That the Earle of Strafford having established an Arbitrary and Tyrannicall Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crowne it selfe that by applying to his own use the Publique Revenues hee might bee the more enabled to accomplish his disloyall and trayterous intentions To which end having by a new booke of Rates enhaunced the Customes hee had gotten by advantage of his Lease above twenty six thousand pound yeerly This they added was a Crime of higher nature then those conteined in the Preceding Articles Because in those there was some colour or pretext of Justice here none those in Particulars this in Generall those against the Subject only this against the King himselfe For the Proofe of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchesse of Buckingham which the Lieutenant hath now by Assignemâ—â—t and some differences shewn arising to the sum of two thousand pounds in the Dukes Lease only the moity of concealed and forfeited Goods were due to him but the whole Goods to the Dutchesse in her Lease Againe the Kings ships of prizes did not pay Customes in the Dukes Lease in the Dutchesses they did Againe the Impost of the Wines then belonging to the Earle of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly whereas the Earle of Strafford paid but fourteene thousand pounds per annum for the Custome it was worth to him as was apparent by the bookes of the Exchequor forty thousand pound Witnesses were examined First Sir James Hay who deposed that the Earle of Carlile had an advantage of one thousand six hundred pounds per an by his Lease of Wines Secondly The Lord Ranelaugh who deposed that by the inspection of the books of Accompts hee had found the Customes to be Anno 1636 thirty six thousand pounds Anno 1637 thirty nine thousand pounds Anno 1638 fifty foure thousand pounds Anno 1639 fifty nine thousand pounds With the Proofe they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeale and Honesty in his Majesties service yet it is evident hee had abused the trust put upon him and by withdrawing so great summes of money from the Crowne had weakened the King praejudiced the Subject of the Protection they were to expect from him and had beene the cause that the extraordinary way of Impost and Monopolies had beene undertaken for supplying of the Royall necessitie And that this Act therefore ought to bee enough to make the Charge and Impeachment of high-Treason laid against him The Lievetenants Reply was That hee conceived
the Councell-Board that the Scotts demands conteined sufficient matter to perswade to an offensive Warre Secondly That the same demands did strike at the Roote and Life of Monarchicall Government and were only to bee answered by the Sword Thirdly That he had caused some Scottish goods and ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that warre against the Scotts Fiftly That by all possible meanes hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects and laboured to make a National-quarell between them and England which if the Kings piety and the Prudence of better affected States-men had not prevented could not have beene soadered up againe without much blood Concerning England his speeches were eyther before or after the Parliament First Before his Creature and Bosom-friend Sir George Ratcliffe he had said to Sir Robert Kâ—ng when hee was doubting how the King might have monies to pay his Armies that the King had foure hundred thousand pounds in his purse thirty thousand men in the field and his Sword by his side and if hee wanted money afterwards who will pitty him Secondly That his brother Sir George Wentworth had said to Sir Robert Berington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seemes they were weary of their Peace and desired to be conquered a second time Thirdly That hee himselfe upon a disâ—ourse with the Primaâ—e of Ireland had said that hee was much of the minde of those English Divines who maintayned it lawfull for a King having tryed the affection and benevolence of his People and then denyed their helpe upon an inevitable necessity and present danger of the Kingdome that he might use his Prerogative for his owne supply and the defence of his Subjects Fourthly To the Lord Conway in a discourse hee had said that if the Parliament meaning the last Parliament should not grant a competent supply that then the King was acquitted before God and Man and might use the Authority put into his hands Fiftly That hee did say at the Councell-Board If the Parliament should deny to helpe the King hee would take any other way he could for his Majesties service and assistance His expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himselfe to be over masteredly the frowardnesse obstinacy and stubbornnesse of his People Secondly That if his Majesty pleased to imploy Forces he had some in Ireland that might serve to reduce this Kingdome The Proofe for the Scots Particulars were these First The Lord Traquiere who was indeede very favorable to the Lord Lievetenant and spake nothing to his disadvantage but what was scrued from him with much difficulâ—y hee told them That when hee gave in the demands he heard him say that it was high time for the King to put himselfe into a posture of Warre but that first all the Councell of England said the same as well as hee Secondly That it was a double supposition First that the Demands were truely given in Secondly That there was no other remedy left but Armes to reduce them Secondly The Earle of Mortons testimony being sick himselfe was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared that he had heard the Lievetenant to advise the King to an offensive Warre when his owne judgement was for a Defensive Fourthly the testimony of the Earle of Northumberland was produced which was the very same with Sir Henry Vanes Fiftly The Treasurer of England deposed the same with Troquiere Sixtly One Beane from Ireland told that hee had knowne Shippes seized on there but by whose procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Ranelaugh deposed the same that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primates testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with this Article Fiftly Sir Henry Vane deposed He had heard those words spoken at the Councell-Boord For the Words spoken after the Parliament to the first Sir Tho. Jermyne Lord Newburg Earle of Bristoll Earle of Holland were Examined Bristoll did mince the matter But Hollands testimony was expresse because of the exceeding great Love he carried to the Man For the last which were the most dangerous speeches about the reducing of this Kingdome there was only Sr. Henry Vanes testimony who declared only thus That hee had either those words or the like Here some of the Lievetenants friends shewed themselves 1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome and withall said it was very hard to condemn a man for Treason upon such peettit circumstances 2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not Sir Henry said positively either them or the like The Earle replyed that under favour those or the like could not be positive 3 The Earle of Clare desired to know what could be ment by this Kingdome for his part he said he thought it meant of the Kingdome of Scotland to which the word this might very well be relative that Kingdome being only mentioned in the praeceding discourse And that he was the more ready to bee of that opinion because he could not see by what Grammaticall construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of obedience nor upon Rebellious courses They at last concluded the Charge That the words were so monstrous that to aggravate them was to allay them and therfore they would simply leave them to the judgement of the Lords The Lieutenants Reply was That though the heaping up of those Articles had put him to Straffords Reply a great confusion yet he would endeavor to bring his Answere into the best method he could and first he would reply to the Proofe then add something in generall for himselfe in what a hard taking and lamentable condition he was to have his private discourses his most intimate and bosome friends search'd and sifted to the least circumstance that he might seeme guilty of that which by God's assiistance he should never be To the Lord Troqueeres and the Deputies depositions hee thought their proofes did not much stick upon him for upon the suppositions first that the demands were true secondly that they were not justifiable thirdly that no other course could prevaile Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre especially seeing then there was frequent reports
last with new matter or with supplementall Proofe hee might have leave to speake something in his owne Defence The Lord Steward answered It was all the reason in the world The Lievetenant went on thus MY LORDS This day I stand before you Charged with high-Treason My Lord Straffords last speech in the Hall the burthen is heavie yet farre the more in that it hath borrowed the Patrociny of the House of Commons If they were not Interessed I might expresse a no lesse easie then I doe a safe issue and good successe to the businesse but let neyther my weakenesse pleade my Innocence nor their power my guilt If your Lordships will conceive of my Defences as they are in themselves without referrence to eyther and I shall endeavor so to present them I hope to goe away from hence as cleerly justified as I am now in the testimony of a good Conference by my selfe My Lords I have all along my Charge watched to see that poysoned arrow of Treason that some men would faine have to be feathered in my heart and that deadly cup of wine that hath so intoxicated some petcy misalleaged Errors as to put them in the elevation of high-Treason but in truth it hath not beene my quicknesse to discern any such Monster yet within my breast though now perhaps by a sinistrous Information sticking to my cloathes They tel me of a two fold Treason one against the Statute another by the Common-Lawe this direct that consecutive this individual that Accumulative this in it selfe that by way of construction For the first I must and doe acknowledge that if I had the least suspition of my owne guilt I would spare your Lordships the pains cast the first stone at my self passe Sentence of condemnation against my selfe And whether it be so or not I refer my selfe to your Lordships judgement and Declaration You and only you under the favour and protection of my gracious Master are my Judges under favour none of the Commons are my Peeres nor can they be my Judges I shall ever celebrate the providence and wisdome of your noble Ancestors who have put the keyes of Life and Death so farre as concerns you and your posterity into your own hands not into the hands of your inferiours None but your own selves know the rate of your noble blood none but your selves must hold the ballance in dispencing the same I shall proceede in repeating my Defences as they are reduceable to these two maine points of Treason and for Treason against the Statute which is the only Treason in effect nothing is alleaged for that but the fifteenth two and twentith and twenty seventh Articles Here he brought the sum of all his Replies made to these three Articles before and almost in the same words as before only that testimony of Sir Henâ—y Vanes because it seemed pressing he stood upon it and alleaged five Reasons for the nullifying thereof First That it was but a single testimony and would not make Faith in a matter of Debt much lesse in a matter of Life and Death yea that it was expresly against the Statute to impeach much lesse to condemn him upon high-Treason under the testimony of two famous witnesses Secondly That he was dubious in it and exprest it with an as I doe remember and such or such like words Thirdly That all the Councell of eight except himselfe disclaime the words as if by a singular providence they had taken hold of his eares only Fourthly That at that time the King had levied no forces in Ireland and therefore hee could not bee possibly so impudent as to say to the King that hee had an Army there which hee might imploy for the reducing this Kingdome Fiftly That he had proved by witnesses beyond all exceptions Marquesse Hamilton the Lord Treasurer the Earle of Northumberland Lord Cottington Sir William Pennyman and Sir Arthur Terringham that there was never the least intention to land those Forces in England Hee went on So much for the Articles that concerne Individuall Treason To make up the Constructive-Treason or Treason by way of Accumulation Many Articles are brought against me as if in an heap of Felonies or Misdemeanors for in their conceit they reach no higher some prolificall seede apt to produce what is treasonable could lurke Here I am charged to have designed the ruine and overthrowe both of Religion and State The first seemeth rather to have beene used to make me odious then guilty for there is not the least proofe alleaged concerning my confederacy with the Popish-faction nor could there be any indeede never a servent in Authority beneath the King my Master was ever more hated and maligned by those men then my selfe and that for an Impartiall and strict executing of the Lawes against them Here your Lordships may observe that the greater number of the witnesses used against me eyther from Ireland or from Yorkeshire were men of that Religion But for my owne Resolution I thanke God I am ready every houre of the day to seale my disaffection to the Church of Rome with my deerest blood But my Lords give me leave here to poure forth the griefe of my Soule before you these proceeding against me seeme to be exceeding rigorous and to have more of praejudice then equity that upon a supposed Charge of my Hypocrisy or Errors in Religion I should be made so monstrously odious to three Kingdomes A great many thousand eyes have seen my Accusations whose eares shall never heare that when it came to the upshot I was never accused of them Is this fayre dealing amongst Christians but I have lost nothing by that Popular applause was ever nothing in my conceipt the uprightnesse and integrity of a good Conscience was and ever shall be my continuall feast and if I can be justified in your Lordships judgements from this grand imputation as I hope now I am seeing these Gentlemen have throwne downe the Bucklers I shall account my selfe justified by the whole Kingdome because by you who are the Epitomy the better part yea the very Soule and life of the Kingdome As for my Designe against the State I dare pleade as much Innocency here as in matter of my Religion I have ever admired the wisdome of our Ancestors who have so fixed the pillars of this Monarchy that each of them keepe a due proportion and measure with other and have so handsomly tyed up the nerves and sinnews of the State that the strayning of any one may bring danger and sorrow to the whole oeconomy The Praerogative of the Crowne and the Propriety of the Subject have such mutuall relations this takes protection from that that foundation and nourishment from this And as on the Lute if any one string be too high or too lowly wound up you have lost the Harmony so here the excesse of a Prerogative is oppression of pretended Liberty in the Subject Disorder and Anarchy The Praerogative must be used as God doth
ever establish betwixt you and your Subjects Sir My consent herein shall acquit you more to God then all the world can doe beside To a willing man there is no injury done And as by Gods-grace I forgive all the world with a calmnesse and meekenesse of infinite contentment to my dislodging Soule so Sir I can give the Life of this world with all cheerefulnesse Immaginable in the just acknowledgment of your exceeding favours and only beg that in your goodnesse you would vouchsafe to cast your gracious Regard upon my poore Sonne and his three sisters lesse or more and no otherwise then their unfortunate Father shall appeate more or lesse guilty of this Death God preserve your Majesty Your Majesties most Humble and Faithfull Subject Servant STRAFFORD Tower May 9. 1641. The Petition of THOMAS Earle of Strafford to the right-Honorable the Lords Spirituall and Temporall in the Parliament at Westminster 1641. Sheweth THAT seeing it is the good will and pleasure of God that your Petitioner is now shortly to pay that duty which we all owe to our fraile Nature He shall in all Christian patience and Charity conforme and submit to that Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour Blessed for ever Only he humbly craves to returne your Lordships most humble thanks for your noble Compassion towards those Innocent Children who now with his last blessing he commits to the protection of Almighty God beseeching your Lordships to finish your pious Intentions towards them and desiring that the reward thereof may be given you by him who is able to give above all that we are able either to aske or thinke wherein I trust the honorable House of Commons will afford rheir Christian assistance And so beseeching your Lordships charitably to forgive all his omissions infirmities he doth heartily and truly recommend your Lordships to the Mercies of our heavenly Father that for his goodnesse he may protect you in every good work Amen There was a foolish ridiculous and scandalous Speech printed which was pretended to have been spoken by the Earle of Strafford to certaine Lords before his comming out of the Tower which is protested against and avowed to be false by the Lord Primate of Ireland E of Cleveland E of Newport Lo. Rich Sir William Bâ—lfoure Sir William Wentworth Sir George Wentworth Dr. Carre Dr Price De Mortuis nil nisi verunt The Paper conteining the Heads of the Lord Straffords last Speech written with his own hand as it was left upon the Scaffold falling out of his Bosom 1. Come to pay the last Debt we owe to sinne 2. Rise to Righteousnesse 3. Dye willingly 4. Forgive all 5. Submit to Justice but in my intentions Innocent from subverting c. 6. Wishing nothing but good Prosperity to King and People 7. Acquit the King constreined 8. Beseech to Repent 9. Strange way to write the beginning of Reformation and settlement of a Kingdome in blood 10. Beseech that demand may rest there 11. Call not blood on themselves 12. Dy in the Faith of the Church 13. Pray for it and desire their Prayers with me A true-copy of his Speech delivered on the Scaffold My L. Primate of Ireland IT is my very great comfort that I have your Lordship by me this day in regard I have beene known to you these many yeares and I doe thank God and your Lordship for it that you are heere I should bee very glad to obteine so much silence as to bee heard a few words but I doubt I shall not the noise is so great My Lords I am come hither by the good will and pleasure of Almighty God to pay that last debt I owe to sinne which is death and by the blessing of that God to rise again through the mirrits of Jesus Christ to righteousnesse and life aeternall Heere hee was a little interrupted My Lords I am come hither to submit to that Judgement which hath passed against me I do it with a very quiet and contented minde I thank God I doe freely forgive all the world a forgivenesse that is not spoken from the teeth outwards as they say but from the very heart I speake it in the presence of Almighty God before whome I stand that there is not a displeasing thought arising in me towards any man living I thank God I can say it and truly too my conscience bearing me witnesse that in all my imployment since I had the Honour to serve his Majestie I never had any thing in the purpose of my heart but what tended to the Joynt and Individuall prosperity of King and people although it hath beene my ill fortune to bee misconstrued I am not the first that hath suffered in this kinde it is the common portion of us all while wee are in this life to err Righteous Judgment wee must wait for in another place for heere we are very subject to bee mis-judged one of another there is one thing that I desire to free my selfe of and I am very confident speaking it now with so much cheerfullnesse that I shall obteine your Christian charity in the beliefe of it I was so farre from being against Parliaments That I did allwayes think the Parliaments of England were the most happy constitutions that any Kingdome or Nation lived under and the best means under God to make the King people happy For my Death I heere acquit all the world and beseech the God of Heaven heartily to forgive them that contrived it though in the Intentions and purposes of my heart I am not guilty of what I dy for And my Lord Primate it is a great comfort for me that his Majesty conceives me not merriting so severe and heavy a punishment as is the utmost execution of this Sentence I do infinitly rejoyce in this mercy of his and I beseech God returne it into his own bosome that hee may find mercy when hee stands most in neede of it I wish this Kingdome all the Prosperity and happinesse in the world I did it living and now dying it is my wish I doe most humbly recommend this to every one who heares mee and desire they would lay their hands upon their hearts and consider seriously whether the beginning of the happinesse and reformation of a Kingdome should bee written in Letters of blood consider this when you are at your homes and let me be never so unhappy as that the last drop of my blood should rise up in Judgement against any one of you But I feare you are in a wrong way My Lords I have but one word more and with that I shall end I professe that I dy a true and obedient Sonne to the Church of England wherein I was borne and in which I was bred Peace and prosperity bee ever to it It hath beene objected if it were an objection worth the answering that I have beene inclined to Popery but I say truly