the Laws Thirdly It is very considerable that the Lord Strafford is not charged to have subverted but only to have intended to subvert the fundamental Laws and this I conceive if there were no more might keep him free from that Statute of the twenty fifth of Edward the third For although as touching the King his Queen and Children intention is Treasonable yet in all other things there mentioned there must be action beside intention for it is not said if a man do intend to kill a Chancellor it shall be Treason but only if he do kill him and if he doth actually counterfeit the Broad Seal And although a man should prepare a Furnace make ready his Stamp melt his Bullion yet if he gives not the King's impression upon the Coyn all his intentions yea his preparations will not serve to make up a Treason And this under favour may serve to answer the Case of Guido Faux lately objected unless it be alleaged that the Lord Strafford had as reall an intention against the King's Life as Faux had For though the intention in that Case be Treason by the Statute yet in all other things there is no Treason without the Action so immense and vast a difference both is and ought to be betwixt a project against the Royal Blood and all things else of a lower and under Nature You see therefore my Lords that the body of the Statute cannot stick against the Lord Strafford neither in Letter nor in consequence this is not that must not be all that can be said is that his Fact may be Treason by the Common Law For my part I profess my ignorance who ever thought the Common Law might declare but never make a Treason that is it might be presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it is to say it is no Treason at all The Statute ever makes the Treason and to be declared to be Treason either by Common Law or by Parliament are but two different ways of Proceedings and must both resolve into one Principle yea which comes home to the point in the one and twentieth of Edward the third To kill a man imployed in the King's War was Treason and the twenty third To kill the King's Messenger was Treason by Declaration of the Common Law but always by reason of the Statute yet none of these are now Treasons but Felonies only by reason of the intervening Statute the twenty fifth of Edward the third such hath ever been thought the force of its Letter and Declaration And so I will leave it and speak a word or two of the Salvo which is this That because all particulars could not be then defined therefore what the Parliament should declare to be Treasonable in time to come should be punished as a Treason And according to this Reservation in the eighth year of Richard the second one who was charged before the King's Bench was afterwards referred to the Parliament and there though the Fact was not contained in the body of the Statute yet because of the Proviso afore-mentioned it was adjudged Treason In the eleventh year of the same King the Duke of Ireland and Nevil Arch-Bishop of York were impeached of High-Treason by Gloâ—cester Arundel and Warwick and notwithstanding the Statute were convicted thereof by the Salvo But in the one and twentieth of the same Richard the second the Tidâ—-turned and the King had such a hand with the Parliament that the Sentence was recalled and those three Noble-men themselves adjudged Traytors Again in the first of Henry the fourth his Successor that Revocation of the one and twentieth of Richard the second was repealed and the Sentence of the eleventh of his Reign established such were the tossings too and fro of Treason and all because of that uncertain Proviso Therefore it was That in the same Parliament the first of Henry the fourth a Petition was preferred by the Nobility to have Treason limitted with some Statute Because they knew not what to speak or what to do for fear thereof and in the tenth Chapter an Act was made upon this Petition that the Salvo should be holden Repealed in all times to come and nothing esteemed Treason but what was litterally contained in the Statute of the twenty fifth of Edward the third and therefore it is said in the Records That there was great joy at the making of this Act in that the drawn Sword hanging over every man's head by this slender Thred of a consequence or illation was moved by that Act. Add to this that in the first of Queen Mary the first Chapter the same is repeated That no man shall be punished in Life or Estate as a Traytor but for the Crime contained in the Statute 25 Ed. 3. without the least mention of a pretended Salvo The Earl of Northumberland's Case comes nigh to the Point he was charged with Treason the fifth of Henry the fourth and if the Statute of the first of Henry the fourth the first Chapter whereby this Proviso is Repealed had not intervened no doubt he had been condemned of Treason but he was only convict of Felony and that because he could not be drawn within the Letter of the Statute of the twenty fifth of Edward the third and I dare confidently say it that since that Act was made the first of Henry the fourth the first Chapter whereby the Proviso is Repealed no man hath ever been declared a Traytor either by King or Parliament except it were upon that or some other Statute litterally and declaratively taken These two things I do offer to your Lordships considerations That the Lord Strafford cannot be impeached of Treason by the Statute of the twenty fifth of Edward the third and that the Salvo contained in the same stands Repealed almost two hundred years ago and this is all I conceive to be necessary for that Statute which was alleaged by the Lord Strafford in his Defence for matter of Fact Then the Recorder spake some few Words to this purpose That what was spoken upon the Statute was because it seemed inseparable from the matter of Fact that they could proceed no farther 'till a State were afforded them that to do otherwise they conceived might be very prejudicial unto my Lord Strafford First In that they should suppose that to be done which is not proved to be Secondly That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate one from the other Thirdly That it is the course of all Judicatories first to settle the Verdict and upon that to fix the Arguments otherwise he could conceive no possible way of proceeding and therefore in the Lord Strafford's Name he most humbly entreated that the Lords would either wholly determine the matter of Fact or whether Treason or not for then all other proceedings in the Law were unnecessary but whether done or not done
London Mr. Loe and Mr. Lightfoot Mr. Lane spake and much to this sence and purpose My Lords there is an heavy Charge lieth on me and my Fellows nothing less than to defend the Life the Estate the Reputation yea the Posterity of this Honourable Person at the Bar if therefore we shall be more pressing we hope your Lordships will interpret this our forwardness to be for Honour and Conscience sake in a matter that concerneth both so nearly But it shall be our endeavour to carry our selves with our best respects to your Lordships and with all content and satisfaction to the honourable House of Commons and because your Lordships mentioned the matter of Fact one thing I dare be bold to say that all the time of this Noble Lord's defences he did not so much as crave any one of our Opinions yea or acquainted us with any thing that tended that way And for the matter of Law those Statutes cited by himself were none of our stock but taken up at his own adventure nor do I speak this to derogate from the pertinency of those Statutes for they shall be the subject of my discourse but that the Noble-man be not disappointed of your right Conceptions and his own due Praise My Lords It is your pleasure we meddle not with matter of Fact and indeed we need not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Law doth so naturally arise out of the matter of Fact that of necessity under your Lordships savours we must somewhat grate on this if we speak of that nor do I conceive it possible for us to speak advantagiously enough for the Lord Strafford's just defence unless the whole matter of Fact be determined either as proved or not proved or at least some states of Questions agreed upon where we may fix and settle our Arguments and therefore it is my Lords that I have chosen not at all to touch the matter of Law until your Lordships shall be pleased to chalk me out â—way unless it be to clear your judgments in one Statute only viz. 25 Ed. 3. Because when the same was alleaged by the Lord Strafford in his own Defence that not being convicted of the Letter thereof he could not be convicted of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their own ends My Lords I will first speak of the Statute it self and then of its Salvo or Provision The Statute is That if any man shall intend the death of the King his Queen their Children kill the Chancellor or Judge upon the Bench imbase the King's Coyn or counterfeit the Broad-Seal c. he shall be convicted and punished as a Traytor that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged nor indeed it cannot be with any reason all that can be said is That by Relation or by Argument à minore ad majus he may be drawn thither yet that this cannot be I humbly offer these Considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a contradiction to themselves and be no more Declarative Laws but Laws of Construction or Constitutive Secondly This is a Penal Law and such if our Grounds hitherto unquestioned hold good can admit of no Constructions or Inferences for Penalties are to persuade the keeping of known Laws not of Laws conjectural ambiguous and by consequence which perhaps the most Learned may not in their Disputes question much less the Subject who is not obliged to interpret the Statute doubt of in the point of Obedience yea rather without any doubt he is to obey the Letter of the Statute and conceive and that truly that he is not lyable to the Penalty Thirdly We have a notable Law 13 Eliz. cap. 2. whereby it is declared That the bringing in of Bulls from Rome to stir up the Subject to Mutiny and Rebellion shall be punished as Treason Now if by interpretation or by consequence this sence might have been thrust upon the preceding Statutes the making of this had been superfluous yea the persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Anno 21 of Ed. 3. We have a Statute declaring That for a Servant to kill his Master is an Act of Treason and in the three and twentieth year of the same King a Process of Treason was framed against a man for killing his Father grounded upon the same Argument à minori ad majus But it was found and the Sentence is yet in the Records that although in the one and twentieth year of Edward the third that Argument might have been admitted yet in the 27 it could not by reason of the Declarative Law intervening in the 25 year and this Case comes very home to the Point in Law My Lords I will not demand what kind of Offence it may be for a man to subvert the fundamental Laws of a Kingdom the Crime doubtless is unnatural and monstrous and the punishment must keep the same proportion only I presume to offer these few things to your Lordships considerations First That one or more Acts of Injustice whether maliciously or ignorantly done can in no sence of Law be called the subversion of the fundamental Laws if so as many Judges perhaps so many Traytors It is very incident to man's Nature to err nor doth the Lord Strafford plead his innocency in over-sights but in Treason Secondly I do remember the Case of John de la Poole Duke of Suffolk this man in the twenty eighth of Henry the Sixth was charged by the House of Commons with Articles of Treason and those too very like to these against my Lord Strafford 1. That he had given the King bad advices 2. That he had embased his Coyn. 3. That he had sessed men of War 4. That he had given out summary Decrees 5. That he had Imposed Taxes 6. That he had corrupted the Fountain of Justice 7. That he had persuaded the King to unnecessary War and to the giving over of Anjou in France Ovum Ovo And for all these though he was Charged with High Treason for wronging the right of the Subject and subverting the Fundamental Laws of the Kingdom yet after a long Agitation the matter was found by the Lords of Parliament not to imply Treason but only Felony Add to this another who in the twenty third of Henry the eighth was charged for subverting the English Laws and yet no Treason charged upon him Add to both the Charge of Richard Larks pleaded at the Common-Pleas who was charged with Treason for subverting the Law but convicted only of Felony by which you may see my Lords what to this time hath been subverting
Monarchical Government and were only to be 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 War against the Scots Fifthly That by all possible means he had put had thoughts and Suspicions into his Majesty against his Scottish Subjects and laboured to make a National quarrel between them and England which if the Kings Piety and the Prudence of better affected States-men had not prevented could not have been sâ—erd up again without much Blood Concerning England his Speeches were either before or after the Parliament First Before his Creature and Bosom friend Sir George Ratcliff he had said to Sir Robert King when he was doubting how the King might have Monies to pay his Armies that the King had four hundred thousand pounds in his Purse thirty Thousand Men in the Field and his Sword by his side and if he wanted Money afterwards who will pitty him Secondly That his Brother Sir George Wentworth had said to Sir Robert Beâ—ington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seems they were weary of their Peace and desired to be conquered a second time Thirdly That he himself upon a discourse with the Primate of Ireland had said that he was much of the mind of those English Divines who maintained it lawful for a King having tried the affection and benevolence of his People and then denied their help upon an inevitable necessity and present danger of the Kingdom that he might use his Prerogative for his own supply and the defence of his Subjects Fourthly To the Lord Conway in a Discourse he 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 Fifthly That he did say at the Council Board If the Parliament should deny to help the King he would take any other way be 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 himself to be over-mastered by the frowardness obstinacy and stubbornness of his People Secondly That if his Majesty pleased to employ Forces he had some in Ireland that might serve to reduce this Kingdom The Proofs for the Scots Particulars were these First The Lord Traquiere who was indeed very favourable to the Lord Lieutenant and spake nothing to his Disadvantage but what was scrued from him with much difficulty he told them That when he gave in the Demands he heard him say that it was high time for the King to put himself into a posture of War but that first all the Council of England said the same as well as he secondly That it was a double Supposition 1. That the Demands were truly given in 2. That there was no other Remedy left but Arms to reduce them Secondly The Earl of Morton's Testimony being sick himself 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 Lieutenant to advise the King to an Offensive War when his own Judgment was for a Defensive Fourthly The Testimony of the Earl of Northumberland was produced which was the very same with Sir Henry Vane's Fifthly The Treasurer of England deposed the same with Traquiere Sixthly One Beane from Ireland told That he had known Ships seized on there but by whose Procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Renelaugh deposed the same that Sir Robert King and the Lord â—enelaugh had heard Sir George Ratcliffe speak those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primate's Testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with the Article Fifthly Sir Henry Vane deposed He had heard those Words spoken at the Council-Board For the Words spoken after the Parliament To the first Sir Tho. Jermyne Lord Newburg Earl of Bristol Earl of Holland were Examined Bristol did mince the Matter but Holland's Testimony was express 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 Kingdom there was only Sir Henry Vane's Testimony who declared only thus That he had either those Words or the like Here some of the Lieutenants Friends shewed themselves 1. The Lord Savil who desired of Sir Henâ—y Vane to know whether he said their or this or that Kingdom and withal said it was very hard to condemn a man for Treason upon such petit Circumstances 2. The Earl of Southampton desired to know whether Sir Henry Vane would swear those words positively or not Sir Henry Vane said positively either them or the like The Earl replied that under favour those or the like could not be positive 3. The Earl of Clare desired to know what could be meant by this Kingdom for his part he said he thought it meant of the Kingdom of Scotland to which the Word this might very well be relative that Kingdom being only mentioned in the preceding Discourse And that he was the more ready to be of that Opinion because he could not see by what Grammatical 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 therefore they would simply leave them to the Judgment of the Lords The Lieutenant's Reply was That though the heaping up of those Articles had put him to a great Confusion yet he would endeavour to bring his Answer into the best Method he could and first he would reply to the Prooâ— then add something in general for himself in what a hard taking and lamentable Condition he was to have his private Discourses his most intimate and bosome friends search'd and sisted to the least Circumstance that he might seem guilty of that which by God's assistance he should never be To the Lord Traquieres and the Deputies Depositions he thought their Proofs 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 prevail He could not see what other Advice he could possibly give the King than to put himself into a posture of War especially seeing then there was frequent Reports of the Scots invading or entring into England nor was he of any other mind than all the rest of the Council-Board For that of Morton's he doth not positively remember the
years of my public Employments and shall God willing to my Grave God His Majesty and my own Conscience yea and all those who have been most Accessory to my inward thoughts and opinions can bear me witness that I ever did inculcate this That the happiness of a Kingdom consists in a just poize of the King's Prerogative and the Subjects Liberty And that things would never go well 'till they went hand in hand together I thank God for it by my Master's favour and the providence of my Ancestors I have an Estate which so interesseth me in the Common-wealth that I have no great mind to be a Slave but a Subject nor could I wish the Cards to be shuffled over again upon hopes to fall upon a better Set Nor did I ever nourish such base mercenary thoughts as to become a Pander to the Tyranny and Ambition of the greatest man living No I have and ever shall aim at a fair but a bounded Liberty remembring always that I am a Free-man yet a Subject that I have a Right but under a Monarch But it hath been my misfortune now when I am gray-headed to be Charged by the Mistakers of the times who are now so highly bent that all appears to them to be in the extream for Monarchy which is not for themselves Hence it is that Designs Words yea Intentions are brought out for real Demonstrations for my misdemeanors such a multiplying Glass is a prejudicate Opinion The Articles contain Expressions and Actions My Expressions either in Ireland or England my Actions either before or after these late stirs in this Order he went through the whole Charge from the first Article to the last in an excellent Method and repeated all the Sums and Heads of what was spoken by him before only added in the twenty eighth Article if that one Article had been proved against him it contained more weighty matter than all the Charge besides And it had not only been Treason in him but also Villany to have betrayed the trust of His Majesty's Army Yet because the Gentlemen had been sparing by reason of the times to insist upon that Article though it might concern him much he resolved to keep the same Method and not utter the least expression that might seem to disturb the happy agreement intended though he wished the same might deceive his expectation Only thus much he admired how himself being an Incendiary against the Scots in the twenty third Article is now become their Confederate in the twenty eighth Article or how he could be Charged for betraying New-Castle and for fighting with the Scots at Newbourn too seeing fighting with them was no possible means for betraying the Town but to hinder their passage thither That he never advised War farther than in his poor judgment concerned the very life of the King's Authority and the safety and honour of his Kingdoms Nor saw he what advantage could be made by a War in Scotland where nothing could be gained but many hard blows For his part he honoured the Nation but he wished they might be ever under their own Climate and had no desire they should be too well acquainted with the better Soyl of England But he thought that Article had been added in jest or as a supernumerary and he very little suspected to be reckoned a Confederate with the Scots and wished as he hoped it was that every English-man were as free from that imputation as himself closing his Defence with this Speech My Lords You see what may be alleaged for this Constructive rather Destructive Treason For my part I have not the judgment to conceive that such a Treason is agreeable either with the fundamental grounds of Reason or Law not of Reason for how can that be Treason in the lump or mass which is not so in any of the parts Or how can that make a thing Treasonable which in it self is not so Not of Law since neither Statute Common-Law nor Practice hath from the beginning of this Government ever mentioned such a thing and where my Lords hath this Fire without the least appearance of any Smoak lien hid so many hundred years and now breaks forth into a violent Flame to destroy me and my Posterity from the Earth My Lords do we not live by Laws and must we be punished by Laws before they be made Far better were it to live by no Laws at all but to be governed by those Characters of Discretion and Virtue that Nature hath stamped in us than to put this necessity of Divination upon a man and to accuse him of the breach of Law before it be a Law at all If a Water-man upon the Thames split his Boat by grating upon an Anchor and the same have a Buoy appending to it he is to charge his own Inobservance but if it hath none the owner of the Anchor is to pay the loss Mr Lords if this Crime which they call Arbitrary Treason had been marked by any discerner of the Law the ignorance thereof should be no excuse for me but if it be no Law at all how can it in rigour or strictness it self condemn me Beware you do not awake these sleeping Lyons by the searching out some neglected Moth-eaten Records they may one day tare you and your Posterity in pieces It was your Ancestors care to chain them up within the Barracadoes of Statutes be not you ambitious to be more skilful and curious than your fore-Fathers in the Art of killing My Lords it is my present misfortune for ever yours and it is not the smallest part of my Grief that not the Crime of Treason but my other Sins which are exceeding many have presented me before this Bar and except your Lordships wisdoms provide for it it may be the shedding of my Blood may make way for the tracing of yours you your Estates your Posterities lie at the staâ—e If such Learned Gentlemen as these whose Tongues are well acquainted with such Proceedings shall be started out against you if your Friends your Councel denied access unto you if your professed Enemies admitted to witness against you if every Word Intention or Circumstance of yours be sifted and alleaged as Treasonable nâ— because of a Statute but because of a Consequence or Construction of Lawyers pieced up in an high Rhetorical strain and a number of supposed probabilities I leave it to your Lordships consideration to fore-see what may be the issue of such dangerous and Recent Precedences These Gentlemen tell me they speak in defence of the Common-wealth against my Arbitrary Laws give me leave to say it I speak in defence of the Common-wealth against their arbitrary Treason for if this latitude be admitted what prejudice shall follow to King and Country if you and your Posterity be by the same disenabled from the greatest Affairs of the Kingdom for my poor self were it not for your Lordships interest and the interest of a Saint in Heaven who hath left me here two
or else to give them some States of the question whereunto they might confine themselves Upon this motion the House was adjourned for that day nor hath it met since for the House of Commons are turned to their old byas and will hear of nothing but the Bill of Attainder but the Lords seem to be more resolute than before because they find that they have no Authority to declare a Treason in a Fact already past the Salvo of the twenty fifth of Edward the third being Repealed withall that if the Bill of Attainder should proceed the King hath as great power to hinder that at the last blow as any other Statute but I hope the Lords will disburthen him of that envy All the which stand obliged to the Lord Strafford in blood affection or deserving and all who have been interessed with him in the King's Service and many too who both hate his person and dislike his proceedings will doubtless look upon it and tender their own safety all of them in likelihood being subject to the Charge of Treason if ever they chance to be called to do the King Service in any place of importance I cannot express how much the voice of the multitude is now altered from what it was lately nothing now talked of what should be done but only of what must be done So that if the Lord Strafford dyes his very Enemies will confess that it is done more for necessity than for Justice and rather for the satisfaction of rancorous apprehensions than for any guiltiness in the Cause Thursday last viz. April 29. was designed for the Agitation of the long intermitted business concerning the Lieutenant and the way was this The Lords did meet at the Great Hall at Westminster about Nine of the Clock not in their Robes nor did the Lord Steward sit upon his Sack but with the rest promiscuously nor did the Committee for the House of Commons stand at the Bar but sat with the rest of their Fellows and the Earl of Strafford sat behind the place where he used to sit before the reason of these changes were because the Diet was appointed not for a Meeting but for a Conference so curious are we and that 's all about formalities The King Queen and Prince were there according to their Custom not a man spake a word in the House all the time but only Mr. St. John the King's Sollicitor one of the Committee whose drift and purpose was to furnish the Lords with reasons why the House of Commons had proceeded with a Bill of Attaindor And withal to reply to what the Lord Strafford had spoken either by himself or his Council in matter of Law The Speech is in Print If it were not without my Sâ—ere to give my opinion of Mr. St. John's Speech it should be this That he spake little 〈◊〉 â—othing to purpose except in his fift or sixt Arguments and in them I believe without his book if not I should conceive it better and safer to live under the Laws of any other Nation that these of England where all Law is at last resolved into an Arbitrary power and that by these very men who so much elsewhere enveigh against it Of the Presidents which seem to pinch hardest many of them were since the Proviso Repealed which is an Argument in my apprehension of the Pleaders penury others nothing to purpose as that of Felony c. to the other few if Lawyers can give satisfaction I am confident Mr. St. John did rather advantage than hurt the Earl by his Pleading The next news which we expect to hear is with what Resolution he went out of this World for it is concluded amongst the major part of his Judges that one must die for the People It were well if the blood of one two or three could satisfie The Bill for certain is past the higher House to which 't is thought the King will be perswaded to give way The Scaffold is built upon the Tower-Hill God grant him Mercy for his other Sins and I hope he will easily answer that of Treason He dies as we hear upon the Twenty third Article for the words attested by Sir Henry Vane though His Majesty publickly protested the Words were never spoken by him Upon the close of Mr. St. John's Speech the House dissolv'd nor was there a Word spoken but by Mr. St. Johns only the Lord Lieutenant used the last part of his Rhetorick and by a dumb eloquence Manibus ad Syderatensis all along Mr. St. Johns Speech made his Replies with a deep silence Upon Friday he Petitioned the Lords to be heard again and that because his Lawyers had not fully spoken at their last meeting but this was denied him because the House were to have the last Speech nor were they content to speak again Upon this Information or what else is not known the King it seems fearing the Inconstancy of the Lords came to the House of Saturday at Ten of the Clock and having called for the House of Commons spake much to this effect The King's Speech to the House of Commons THat He had sincerely without Affection or Partiality endeavoured to inform himself concerning the Lieutenants Charge and had at length seriously pondered with himself both concerning the matter of Fact and the matter of Law and now it stood him in hand to clear their judgments then to exonerate his own Conscience For them He had two things to declare First That there was never such a Project nor had the Lord Strafford ever offered such advise for the Transporting of the Irish Army into England so that in nothing the Lieutenant had been more mis-understood than in that Which imputation did in no small measure reflect on himself the King as if he had intended to make War upon His own good Subjects which thought he said was far enough from his Breast nor could any man in probability think so unworthily of him who had perceived how graciously he had dealt with His Subjects elsewhere that had deserved a great deal worse Secondly That the Lieutenant had never advised him to establish an Arbitrary Government nor if he had should he have escaped condign punishment nor would any of His good Subjects ever think otherwise unless they conceived him either to be a Fool or a Tyrant that he either could not or would not discern such wickedness He was well content he said with that Authority and Power which God had put into His hands nor should he ever think it His Prerogative to intrude upon the Propriety of the Subject For Himself and His own Conscience he said he was now to Declare That in His own judgment there was nothing in the Process against the Lieutenant that deserved the censure of Treason Over-sights and Mis-demeanours there were in such a measure that he confessed the Lord Strafford was never worthy hereafter to bear any Office in His Kingdoms no not so much as of a Constable but was to
be answerable for all his Errors when they were to be charged upon him and to this noâ— of them should concur with greater alacrity than himself That he hoped none of theâ— would deny to give him the priviledge of the first Voice which was That he would never in heart nor hand concur with them to punish this man as a Traytor and desired therefore that they would think of some other way how the Business might be composed Nor should it ever be less dear to him though with the loss of His dearest Blood to protect the Innocent than to punish the Guilty At this the House of Commons startled and adjorned themselves till Monday divers censures are past upon the King's Speech even of those that lov'd His Honour some think he was drawn to this by a certain fore-knowledge of the Lords facility to give way to the Commons and that it was better to express himself then if by that means he could hinder the Sentence than to countermand the Execution thereof when it was passed and so draw all the envy upon himself Others are of opinion which is more probable that this hath been a Plot of the Kings bosome enemies to set him at odds with His Subjects that thereby they might Fish the more securely in these troubled Waters The reason is because it is very likely the Lord Strafford might have passed free by the Voices of the Lords but now howsoever the matter falleth out all the blame will be imputed to the King for if he be condemned it will be no thanks to the King if justified that will certainly be laid to the King too as who by His Threats and Menaces hath forestalled the Voices of his Nobility It is conceiv'd by wise men and such as wish no evil to my Lord Strafford that it had been far better both for the King and him to have first â—â—yed the utmost of the Lords for the King because it was both possible and probable that he might have gained the Declaration of the Lords for him if not it was time enough to Interpose His own Power afterwards for the Lord Strafford because it hath made the House of Commons a great deal the more pressing fearing by the King 's Peremptory Answer from whom in regard of the advantage of the times they expected nothing but a Concedimus omnia that there is some Plot under hand And these thoughts produced the late tumults of the Londoners of which more by and by And it is verily thought that for these two Reasons the Lieutenants seeming Friends but indeed real Enemies have put the King upon this way hoping thereby that the Lords should find occasion to pretend necessity of doing that which perhaps in regard of common equity or the King's displeasure they could nor durst have done howsoever Facta est alia the King is now so far ingaged that with respect to Honour and Conscience he cannot retire for if the Procedure be by a Legislative Power it falls directly upon him nor can he give his assent if by a Judiciary then must he either hinder the Execution or be said to have Charged himself with Injustice This hath produced strange alterations even the Marriage of the Prince of Orange done on Sunday last May the Second with ordinary Solemnity is now exceeding hateful to the Commons which so much before desired it some say the Precipitation of that Marriage Imports no good others that the Parliament had condescended to that Marriage but did not expect that Acceleration a third sort that the Party is mean enough if not too low for the King of England's Eldest Daughter all of them that the Dutch-men have offered Money to the King for a new Service of War and have thereby bought this Honour this is increased by the Landing of a Dutch-man who is to be Gentleman of the Kings Horse And shortly with us the Hollander will be no less odious than the Spaniard Oh the wonderful changes of the untoward unconstant and giddy multitude How unhappy a time it is to know what Liberty means and to get the Reins cast about their own necks it ranges madly up and down nec modum tenens nec terminum nor is capable of subsistance till it hath lost it self and what it so much affects Liberty So Knives are put into the hands of Children who discern no danger but affect them for their splendor and glittering So Poyson into the Mouths of Fools which is judged only by the Taste and Sweetness But it seems the Judgment of this Kingdom cannot be prevented and because they have sinned against themselves by abusing their Plenty and Fatness it is the just Judgement of God that they be the Executioners of his Judgments upon themselves Before I tell you of Monday and Tuesdays Madness I must tell you when and whence this fury hath its first motion Upon the Thursday before a great many Apprentices beset the Spanish Embassadors House neer Bishopsâ—gate threatning to pull it down and kill the Man the Mayor of London comes amongst them and with a great deal of pains persuaded them to retire home and afterwards entred into the Ambassador's House at his coming in the Ambassador desired him to pull down his Sword which was carried before him because he was now where the King of Spain had Jurisdiction That being done he told the Lord Mayor that in all his life time he had never seen such a barbarous attempt and desired to know whether England was a civil Nation or no where the Law of Nations was so monstrously violated The Mayor replied That they were of the base and rascally sort of People and intreated the Tumult might not be imputed to the Town The Ambassador answered That he could hardly acknowledge that to be a Town â—eâ— scarce a Society of Men where there was so little Civility and Government The Mayor told him That the people were discontent because Mass was said in his house The Ambassador replied That the English Ambassador had the free Exercise of his Religion at Madrid and that he would rather forgo his life than any of those Privileges due to him by â—action and the Law of Nations The Mayor answered They were the more incensed against him because the Londoners popishly affected were permitted to come into his house to Mass which was beyond both Law and Custom The Ambassador replied That if the Mayor would keep them without doors he would promise to send for none of them but if they came once within his doors he could not in preservation of his Conscience or his Master's Honour deny them either access to his Religion or safeguard to their Persons as far as in him lay Upon this a Guard was appointed to attend the Ambassador's house whether to keep out Papists or to preserve them that were within or to let in others is yet to be disputed The storm was quiet from thence 'till Monday when the people being inflamed again by the King's Speech