The Earl's Answer.
That nothing hath been more ordinary in Ire∣land, than for the Governours to put all manner of Sentences in execution by the help of Souldi∣ers; that Grandison, Falkland, Chichester, and o∣ther Deputies frequently did it. [Sir Arthur Terringham to this point deposed, That in Falk∣lands time he knew twenty Souldiers assessed upon one man, for refusing to pay sixteen shillings.] That his Instructions for executing his Commission, were the same with those formerly given to the Lord Falkland, and that in both there is express warrant for it. That no testimony produced a∣gainst him doth evidently prove he gave any Warrant to that effect; and that Serjeant Sa∣vill shewed only the Copy of a Warrant, not the Original it self, which he conceived could not make faith in case of life and death in that High Court, especially it being not averred upon Oath to agree with the Original, which should be upon record. That he conceived he was for an Irish Custom to be tried by the Peers of that Kingdom.
This Article pinch'd the Earl so close, as notwith∣standing his Answer, the Commons thought the evi∣dence so strong against him, and were so confident that the Fact was Treason, as they were very desi∣rous to proceed to vote upon that very point; but the Lords withdrawing, returned Answer, That they could not agree to it, but desired them to go on to the remaining Articles.