Memoires of the lives, actions, sufferings & deaths of those noble, reverend and excellent personages that suffered by death, sequestration, decimation, or otherwise, for the Protestant religion and the great principle thereof, allegiance to their soveraigne, in our late intestine wars, from the year 1637 to the year 1660, and from thence continued to 1666 with the life and martyrdom of King Charles I / by Da. Lloyd ...

THE LIFE, ACTIONS, AND DEATH OF Sir THOMAS WENTWORTH, Earl of STRAFFORD, Proto•• Martyr for Religion and Allegiance.

SIR Thomas Wentworth Earl of Strafford, owed his Birth to the best govern'd Citya 1.1 London; his Breeding to the best modelled School, York; and a most exact Col∣ledge, St. Iohns in Cambr. his Accomplishments to the best Tutors, Travel and Experience; and his Prudence to the best School, a Parliament: whither he came in the most active and knowing times, with a strong Brain, and a large Heart: His Activity was eminent in his Country, and his Interest strong in (King Charles's) Parliament; where he observed much, and pertinently; spake little, but home; contrived effectually•• but close∣ly; carried his Designs successfully, but reservedly. He apprehend∣ed the publick Temper as clearly, and managed it to his purposes as orderly as any man. He spoke least but last of all, with the advan∣tage of a clear view of others Reasons, and the addition of his own. He, and his leading Confidents moulded that in a private Confe∣rence, which was to be managed in a publick Assembly. He made himself so considerable a Patriot, that he was bought over to be a Courtier; so great his Abilities, that he awed a Monarchy when disobliged, and supported it when engaged; the Balance turning thither where this Lord stood.—The North was reduced by his Prudence, and Ireland by his Interest; He did more there in two years, then was done in two hundred before.

• 1. Extinguishing the very Relicks of the War.
• 2. Setting up a standing Army.
• 3. Modelling the Revenue.
• 4. Removing the very Root and Occasions of new Troubles.
• 5. Planting and Building.
• 6. Setling Ecclesiastical and Civil Courts.
• 7. Recovering the hearts of the People by able Pastors and Bi∣shops, by prudent and sober Magistrates, by Justice and Protection, by Obligations and Rewards.
• 8. Recovering the Churches Patrimony and Discipline.
• 9. Imploying most able and faithful Ministers and Instruments.
• 10. Taking an exact view of all former Presidents, Rules, and Proceedings.
• ...

• 11. An exact correspondence with his Majesty, and the Favou∣rites of England.

None was more conversant in the Factions, Intrigues, and De∣signs than he, when a Common-wealths-man; none abler to meet with them than he, when a States-man; he understood their Me∣thods, kenned their Wiles, observed their Designs, looked into their Combinations, comprehended their Interest.

And as King Charles understood best of any Monarch under Hea∣ven, what he could do in point of Conscience: So his Strafford ap∣prehended best of any Counsellour under the Sun, what he could do in point of Power. He, and my Lord of Canterbury having the most particular account of the State of Great Britain and Ireland, of any persons living. Nature is often hidden, sometimes overcome, seldom extinguished; yet Doctrine and Discourse had much allayed the severity of this Earls Nature, and Custom more: None more austere to see to; none more obliging to speak with: He observed pauses in his discourse, to attend the motion, and draw out the hu∣mour of other men; at once commanding his own thoughts, watch∣ing others: His passion was rather the vigour, than the disorder of his wel-weighed Soul; which could dispense its anger with as much prudence, as it managed any Act of State. He gave his Majesty safe counsel in the prosperity of his Affairs, and resolute advice in Ex∣tremity, as a true Servant of his Interest, rather than of his Power. So eminent was he and my Lord of Canterbury, that Rebellion de∣spaired of success, as long as the first lived; and Schism of licentious∣ness, as long as the second stood. Take my Lord of Strafford as accu∣sed, and you will find his Integrity and Ability, that he managed his whole Government either by the Law, or the Interest of his Country. Take him as dying, and you will see his Parts and Piety; his Resolution for himself, his Self-resignation for the Kingdoms good; his Devotion for the Church, whose Patrimony he forbad his Son upon his Blessing. Take him as dead, you will find him glorious and renowned in these three Characters.

The first, of the best King.

I looked upon my Lord of Strafford,* 1.2 as a Gentleman whose great Abilities might make a Prince rather afraid, than ashamed to im∣ploy him in the greatest Affairs of State; for those were prone to create in him great confidence of undertakings; and this was like enough to betray him to great Errors, and many Enemies, whereof he could not but contract great store; while moving in so high a Sphere, and so vigorous a lustre, he must nedds (as the Sun) raise many envious Exhalations; which condensed by a popular Odium, were capable to cast a Cloud upon the brightest Merit and Inte∣grity: Though I cannot in my judgment approve all he did, dri∣ven (it may be) by the necessities of Times, and the Temper of that People, more than led by his own disposition to any heighth 〈◊〉〈◊〉 ••igour of Action, &c.

The second, of the best Historian.

He was a person of a generous Spirit,* 1.3 fitted for the noblest Exer∣cises, and the most difficult parts of Empire: his Counsels were bold, yet just; and he had a vigour proper for the execution of them: Of an eloquence next that of his Masters, Masculine and excellent. He was no less affectionate to the Church, than to the State; and not contented while living to defend the Government and Patrimony of it, he commended it also to his Son when he was about to die, and charged his abhorrency of Sacriledge. His Ene∣mies called the majesty of his Mind in his Lieutenancie, pride; and the undaunted execution of his Office on the Contumacious, the Insolency of his Fortune. He was censured for that fatal errour of following the King to London, and to the Parliament, after the Pacification at York; And 'twas thought, that if he had gone over to his Charge in Ireland, he might have secured both himself, and that Kingdom for his Majesties Service. But some attribute this Counsel to a necessity of Fate, whose first stroke is at the Brain of those whom it designs to ruine; and brought him to feel the effects of popular Rage, which himself in former Parliaments had used against Government; and to find experience of his own devices upon the Duke of Buckingham.

Providence teacheth us to abhor over-sine Counsels, by mis∣chiefs they often bring upon their Authors.

The third, of Common Fame.

A Gentleman he was of rare Choice,* 1.4 and singular Endowments; I mean of such as modelled, fashioned, accomplished him for State-concernments; of a searching and penetrating Judgment, nimble apprehension, ready and fluent in all results of Council; most happy in the vein of Speech, which was alwayes round, perspicu∣ous, and express, much to the advantage of his sense; and so full stocked with Reason, that he might be rather said to demonstrate, than to argue.

As these Abilities raised him to State-Administration; so his ad∣dressing, his applying those Abilities so faithfully in promotion of the Royal Interest, soon rendred him a Favourite of the first Ad∣mission: So that never King had a more Intelligent, and withal, a firmer Servant than he was to his Majesty. But these qualities which rendred him so amiable to his Majesty, represented him formidable to the Scots; so that some who were not well perswaded of the just∣ness of his Sentence, thought he suffered not so much for what he had done already, as for what he was like to have done, had he li∣ved, to the dis-service of that Nation: and that he was not sacrificed so much to the Scots revenge, as to their fear. And certainly his fall was as the first, so the most fatal Wound the Kings Interest ever re∣ceived; his three Kingdoms hardly affording another Strafford; that is, one man his peer in Parts and Fidelity to his Majesty. He had a

singular passion for the Government and Patrimony of the Church; both which he was studious to preserve safe and sound, either opi∣ning them to be of sacred Extraction, or at least prudent constitu∣tion, relating to holy performances. And had he wanted these po∣sitive Graces, yet in so great a Person it may be commendable, that he was eminent for privative and negative Excellencies, being not taxable with any vice; those petty pleasures being beneath the satisfaction of a Soul so large as his. In short, saith the ingenious Gentleman, He was a man who might have passed under a better notion, had he lived in better times.

This last Period is a Question; since this great States-man, and his good Masters Goodness was so over-shadowed with their Greatness, and their Vertues so lost in their Power, as the Sun (the aptest pa∣rallel of their Lustre and Beneficence) is hid in his own light•• that they owe their great, but glorious Fame, to their misfortunes, and their Renown to their ruine; that levelled their worth, otherwise as much out of their reach, as their place, to vulgar apprehensions. Eclipsed Lustre, like a veiled Beauty, is most looked on when most covered: The setting Sun is more glorious than its self in its Me∣ridian, because more low; and the lowest Planet seems biggest to a common eye.

So faithful he was, and the Archbishop, that in the Iuncto, consist∣ing of them two and Duke Hamilton, they voted a Parliament, though they knew themselves the first Sufferers by it; and so con∣fident of his Integrity, that when he had Treason enough discover∣ed at the late Transactions in York, (touching the Scots Conspiracy) to charge his Enemies with, he waved the advantage; and secure in his own Innocency, fell an Instance of that Maxim, That there is no Danger small, but what is thought so. This was his great Principle, Vsurped Royalty was never laid down by perswasion from Royal Clemency; for, in armis jus omne regni.

Bishop Land was the man by whose advice he had his Power and Preferment; and he was the man according to whose direction he managed it: Being no sooner admitted Member of the House of Peers, than friend to the Bishop of Bath and Wells; and at the same time of the Kings intimate Council, and the Bishops intimate Ac∣quaintance: his first Act in Council was, to advise his Majesty to take Tonnage and Poundage, if it might be had as the Gift of the People; if not, as one of the Duties belonging to his Prerogative; a Prerogative without which Kingdoms are not safe; for if Kings have not an absolute power, when there is need to impose on their Subjects, they may not have power when there is occasion to de∣fend them: they that weaken their Soveraigns power, weaken their own security; and when a Prince is reduced to that pass, that he can∣not help and serve himself, he will quickly come to that pass, that he shall not be able to protect his people. His next was, to advise the King to stand by the Farmers of the Custom-house, when que∣stioned, viz. Sir Iohn Wolstenholm, Mr. Daws, and Mr. Caermarthin. Good Servants are neither to be encouraged in Wrong, nor to be

forsaken in the Right: That Prince must shew himself resolute and stout, whose Affairs cannot be managed by cowardly Servants. Ma∣ny counselled the questioning of the refractory Members in the House of Commons, that kept the Speaker in his Chair in spight of his teeth, locked up the Doors against all Messages from the King, detained the Serjeant at Arms by force, declared their fellow-Sub∣jects Traytors, &c. But my Lord of Strafford was for neglecting them: the Action, if questioned, might be made out to the people, to be a defence of their Liberty; whereas, if sleighted, it is but a Hubbub; and they that were at first condemned by all for their dis∣order, would be, if convented, at last pitied for their Sufferings. The great Richlieu construed an old Maximea 1.5 of Tacitus thus: —Criminals never grow considerable till thought so, and so raised from despicable Delinquents to a formidable Party. Innovation the whole Councel suspected always, as bringing with it more Inconve∣niencies by the Change, than Advantage by the Reformation; and he condemned upon this observation, That where Reformation once drew on a Change, the desire of change an hundred times but pretended Reformation. Although he had no minde to meddle with the per∣sons of the Seditious in the last Parliament, yet he took special no∣tice of the Doctrines of one of them, viz. Eliot, that said, He was not bound to give an account, as a private person, before the Councel, of what he said or did as a publick person in Parliament: As if (as the wise man would observe with much impatience) That August Assembly that advised about Laws to punish Disorders, should be the onely Sanctuary for them: And a Parliament were no other than the Saturnalia of Rome, where Slaves for some days in the year, might say (and do) what they pleased of their Masters.

It was easie for him to foresee the readiness of the Emperour to yield to a peace, when pressed so hard by the Swede: but to come one Morning to the Councel, when they were most busie and per∣plexed about the War with France,b 1.6 and assure them that France would begg a Peace, as they did by the Mediation of Venice, was a foresight none owned, but one, that, as it is said of Mazarine, Was of all the Councels of Europe: Adding, That that was a time for England, though low, to be Courted as it was from Spain, Venice, Holland, Denmark, &c. and not to be provoked.

None more diligent to finde out ways to supply the Kings occa∣sions; yet none more severe than this Lord against Books of Pro∣jects, such as Dudley's, and others Books, designed rather to raise the Jealousies of the People, than the Revenue of the King: None se∣verer against Libels, and others the sad Prognosticks of the sad times approaching; yet none more against the vexing, imprisoning, and mutilating those Offenders, than he; judging it safer to cut off, or pardon, than distress any man; that is, to take away either his power or will to Revenge: The vexed and distressed man is con∣tinually before peoples eyes, to move or exasperate them, the dead and pardoned are forgotten.

My Lord had vast Affections for the Protestant Interest, as ap∣peared by his Proposals in Councel, his wishes rather than his hopes,

and what he would, rather then what he could do: yet he sus∣pected the Swedes and Scots Assistants, as rather an Army of Merce∣naries, than the Auxiliaries of Friends. Two things he said undid us:

• 1. That our Divines had been so careless in opening the ground of Religion; that Novelties had got such advantages over ancient Truths, as to charge primitive Practices, for Innovations.
• 2. That our Lawyers were so byassed in their explications of the ground of the Law, that old Laws, such as those of Knighthood, (whereby the Subjects holding of the King (as all do originally) were either to be Knighted, or fined for it) and that for Ship-money, shall be cried down for new Exactions.

My Lord applauded his Majesties generous Goodness in stopping thec 1.7 Combate between the Witnesses about Hamiltons Design to entertain all the Scots abroad, to serve him against his Prince at home; but he feared his easiness afterwards in trusting him: He like H. 7. being at once what few men are, most suspicious, most knowing, and most stout; whereas, usually the suspicious man is one that knows little, and fears much.

Much did he resent the Differences between Protestants and Pro∣testants, and more, with Bishop Bancroft, encouraged he the Dissen∣tions between the Seculars and Jesuits; as he did in Civil Mat∣ters, between some Scots and English; advising, that the Press might be open to them, to discover the nakedness of their Parties; and shut to our Disputants, the Sabbatarians and Anti-Sabbatarians, the Arminians and Anti-Arminians, lest we betray our own Opi∣nions; (it was his Maxime) For Schools positive, and practical Divi∣nity onely for Presses and Pulpits. A Maxime of as great concernment to the Church, as his Contributions for Pauls; which to say no more, were worthy the Earl of Strafford, and Bishop Laud's friend. From being a Member of the Councel in the South, he was advanced Lord President of the North; and thence a while after, Lord Deputy of Ireland. In the North begun that Animosity between him and Vane, about Raby, that was not allayed but with his bloud: Here he would have strengthned the Law by Prerogative, always making good the Prerogative by Law; some there complained to him of the Kings Government, and he told them, They complained of the Laws; adding, That the little Finger of the Law (if not moderated by the Kings Clemency) would be heavier than the Kings Loyns. He endeavoured to indear his Majesties Government to his best Subjects, and render it dreadful to the worst. Parts and Merits imployed against the Government by mistake, he informed, and encouraged to better Im∣ployment; but Parts and Merits poysoned by Pride and Ambi∣tion, he suppressed and sleighted; saying, He loved not a man of large Parts, and a narrow and selfish Spirit. He had Worth that was sure to raise Envy, and a Prudence to allay it, moderating the power he had himself, and maintaining that of other Magistrates, who might be his Skreen: Who, as he ingrossed not Business to exercise his Power; so he intangled it not to raise a suspicion of his Cunning; carrying things on in a plain and open, rather than a private and close way; not that he feared the effects of Envy on himself

(calling Envy a Shadow that refl••cted 〈…〉〈…〉 prejudice it; and (as shadows) did more 〈…〉〈…〉 falls upon, than to those stately things it 〈…〉〈…〉 judg¦ing it his Monitor, rather than his Danger; Son 〈…〉〈…〉 in the wary Conduct of his Affairs rather th••n 〈…〉〈…〉 avoided them in the smooth course of his 〈◊〉〈◊〉, which w••nt a∣bove the hazard, but not the interruptions of Envy.

The firsta 1.8 Institution of the Presidents Place in the North, was to suppress Rebellions, and my Lords first ca••e in ••••at Place was 〈◊〉〈◊〉 prevent them: How carefully did he look out 〈…〉〈…〉 wise Cler∣gy-men, that might instruct and guide; how 〈◊〉〈◊〉 did he choose knowing and noble Gentlemen, that might govern and 〈◊〉〈◊〉 that rude Corner of the Kingdom, equally obnoxious to the 〈◊〉〈◊〉 ••••ations of the old Superstition, that erept thither 〈…〉〈…〉 the Seas, and of the late Innovations that stole in 〈◊〉〈◊〉 from be∣yond the Tweed, both dangerous to the People, and 〈…〉〈…〉 Government? Instruction [he would say] must 〈◊〉〈◊〉 wa•• 〈◊〉〈◊〉 Go∣vernment, and Government back Instruction; by the 〈…〉〈…〉 the hearts of men, and by the second it ••yes their 〈…〉〈…〉 the King trusted in his own Person, the Ea••l 〈…〉〈…〉 Nobility, Gentry, and Clergy of the North at once•• to 〈◊〉〈◊〉 and se∣cure himself, rendring h••s Authority pl••••••sible by administring Government to the People by those 〈◊〉〈◊〉 that had most In∣terest in them, and could best awe, because they alwayes obliged them, admitting many to his assistance, and 〈◊〉〈◊〉 to ••is trust.

His Observations upon the Humors of the ••••••••hern People, prompted him to advise his Majesty to a Progress 〈◊〉〈◊〉 ••cotland, An∣no 1633. to encourage the Loyal Part of that 〈◊〉〈◊〉 on this side the Tweed by his Presence, & to settle the disloyal 〈…〉〈…〉 other side by his Laws; he having Intelligence from Sco•••••••••• [t••ey are the words of a great Lord, then trusted with the Crown of that Kingdom] that if the King should long deferr his Coronation, the Scots might perhaps incline to make choice of another King. This ••rogress, by taking in the most popular and great Noble-men of the North to attend His Majesty, he managed with a noble Con∣duct, advancing all along the Kings Majesties Interest and Honor; of such mighty consequence it is how a Prince appears to his people.

When he had composed the Affairs of Scotland, some defects ap∣pearing by dayly Tumults and Commotions in the Government of Ireland,* 1.9 this accomplished Person in the Affairs of Rule, discove∣ring dayly greater and greater Abilities, equal to a Minister of State, (after he had brought my Lord of Holland to a Submission at the Council-Table, and in some measure reduced the Factions that broke out dayly at Court; where, to use his dear Friend Arch∣bishop Land's words, Private Ends appeared every day more and more ••o the prejudice of the publike Service) was intreated to the Supream Care [under His Majesty] of that Kingdom; a Trust he managed so well, That 1. he discharged Fourscore thousand Pounds the King owed, and raised Twenty thousand men, and as many thou∣sand Pounds that the King wanted in the year 1634. 2. Reduced

the Popish and Protestant Parties to so even a temper, that upon some Disorders that year, he was able to summon such a Parlia∣ment as was able to allay, and fix the several Factions to a due tem∣perament, guiding the zeal of each Party by such Rules of Mode∣ration, as were ever observed most effectual to preserve, and re∣store the health of all States and Kingdoms. 3. Prevailed with the Church of Ireland to admit of the 39 Articles of the Church of England; that as he would say, They that agreed for the main in the truth of Gods Holy Word, might keep the unity of the Spirit, in the bond of Peace: It being a sad thing in his opinion, that three Christian and Protestant Kingdomes, under one Christian and Protestant King, should have three several Confessions of Faith. 4. Aboli∣shed several idle and barbarous Customs, putting the Natives up∣on ingenious ways of Improving that rich Land, by Flax, Hemp, &c. infinitely to the Advantage of the King and Kingdom. 5. Reco∣vering near upon 40000 l. per year to the Church; which by un∣godly Alienations was made, saith a Bishop of their own, as low as Poverty it self; bringing over with him as great Affections for the Church and all Publike Interests, as he had Abilities to serve them. 6. Put Ireland Anno 1639. in three moneths, by a Parlia∣ment he got together in that short time, into such a posture for Men and Money, as was a Pattern to the following Parliament of England; which resented that Service so much, that the House of Commons gave him the Thankes of the Kingdome in their own House, and waited upon him [two of their most eminent Mem∣bers supporting him] to his place in the House of Lords. In fine, he wrought that wilde and loose people to such a degree of Peace, Plenty and Security, as it had never been since it was annexed to this Crown, and made it pay for the Charges of its own Govern∣ment, which before was deducted out of the English Treasury.

Their Peace and Lawes now opening accesses to Plenty, and Trade, he remitted indeed nothing of that Authority, Strictness, Discipline, or Grandieur, that might advance the Interest or Honor of his Master; yet he admitted so much moderation into his Coun∣sels and Proceedings, as that Despair added to former Discon∣tents, and the Fears of utter Extirpation to their wonted Pres∣sures, should not provoke to an open Rebellion, a people prone enough to break out to all exorbitant Violence, both by some principles of their Religion, and the natural desires of Liberty; both to exempt themselves from their present restraints, and pre∣vent after-rigors.

And when the Tumults of Scotland,* 1.10 and the Discontents of Eng∣land called for the same Counsel here, that he had with success applyed to the distempers of Ireland, how clearly did he see tho∣row the Mutinies and Pretences of the Multitude, into the long-contrived Conspiracies and Designs of several orders of more dan∣gerous men, whose Covetousness and Ambition would digest, as he fore-saw, the rash Tumults, into a more sober and solemn Rebel∣lion. How happily did he divine that the Affronts offered the Kings Authority on the score of Superstition, Tyranny, Idolatry, Male-administration,

Liberty, (words as little understood by the Vulgar, as the Design that lay under them) were no other than Essays made by certain sacrilegious and needy men, to confirm the Rapines up∣on Church and State they had made in Scotland, and to open a door to the same practises in England, to try how the King, who had al∣ready ordered a Revocation of all such Vsurpations in Scotland, and had a great minde to do the like in England, would bear their rude and insolent Attempts, whether he would consult his Power, or his Goodness; assert his Majesty, or yield to their importunity.

How nimbly did he meet with the Faction, by a Protestation he gained from all the Scots in England and Ireland, against the Cove∣nant of their Brethren in Scotland,* 1.11 at the same time in several Books he caused to be printed, discovering that the Scottish Faction that so much abhorred Popery, proceeded in this Sedition upon the worst of Popish principles and practises. And that this Godly League which was so much applauded by the people, was a Com∣bination of men acting over those Trayterous, Bloody, and Jesui∣tical Maximes of Mariana, Suarez, Sa, Bellarmine, which all good people abhorred; Adding that those very persons that instructed the poor populary to quarrel with their Sovereign about Liber∣ty, should (as it followed afterwards) lay a more unsupportable slavery upon them, than their most impious slanders could form in the imagination of the Credulous, that they might fear from the King.

The power God had invested him with, he intreated the King to own, and the ways the Laws of God, and the Land allowed him, to maintain, that power to make use of, employing all the able men that pretended to skill, either in Law, or Government, to see if Prerogative had any way yet left to save an unwilling People; for knowing how prevailing the Seditious were always to disturb the Counsels of the Parliament, he feared that from their proceedings the common Enemies would be encouraged (as formerly) to high∣er Insolencies, and the envious Demagogues would contemn their own safety, to ruine the Kings Honor: therefore giving vigorous Orders for raising the Ship-money, and a great Example towards Advancing a Benevolence, subscribing himself 20000 l. and pro∣curing the Subscription of 500000 l. from the Church, the Court, the City, and Countrey, besides some thousands by Compositions with Papists, especially in Stafford-shire, Lancashire, York-shire, &c. and by Forfeitures observed by him ina 1.12 London Derry, and other places, held by Patent from His Majesty.

When he saw a Faction (by the diligence of the Kings enemies, and the Security and Treason of his pretended Friends, who made it their business to perswade His Majesty that there was no danger, so long until there was no safety) formed into Councels, and drawn up into Armies, when he saw one Kingdom acting in open Rebel∣lion, and another countenancing and inclining to it: when he dis∣covered a Correspondence between the Conclaveb 1.13 of Rome, and the Cardinal* 1.14 of France; between the King of France and the Re∣bels of Scotland; between the Leaders of the Scottish Sedition, and

the Agents of the English Faction, [one Pickering, Laurence Hamp¦den, Fines, &c. being observed then to pass to and fro between the English and the Scottish Brethren] and saw Letters signed with the Names (though as some of them alledged since, without the con¦sent) of the Five Members, &c. when the Government in Church and State was altered, the Kings Ships, Magazines, Revenue, Forts, and faithful Servants were seized on; the Orders of State, and Worship of God were affronted by a barbarous multitude, that with sticks, stools, and such other instruments of Fury as were pre¦sent, disturbed all religious and civil Conventions: and the Kings Agents, Hamilton, Traquair and Roxborough, pleased no doubt with the Commotions they at first raised, and by new, though secret seed of Discontents improved, increased the Tumults by a faint Oppo∣sition, which they might have allayed by vigorous punishments; all the Declarations that were drawn in the Kings Name being contri∣ved so, as to overthrow his Affairs.

In a word, when he saw that the Traytors were got into the Kings Bed-chamber, Cabinets, Pockets, and Bosom, and by false re¦presentation of things, had got time to consolidate their Conspi∣racy, and that the Kings Concessions to their bold Petition (about the Liturgy, the High-Commission, the Book of Canons, and the ••ive Articles of Perth) were but Encouragements to put up bolder; finding that Force could obtain that which Modesty and Submis∣sion had never compassed; and imputing all kindness to the Kings Weakness rather than Goodness. His apprehensions in that affairs were (as they were taken at Councel-Table-Debates about that business to this purpose.)

In general, after the Delivery of a Paper consisting of twenty se¦ven Heads,* 1.15 at Councel Board. Dec. 5. 1639. against the Kings Indul∣gence to them, he voted, that they were to be Reduced by force, being a people as his Majesty observed of them, lost by favors, and won by punishments) in an Offensive War, that would (he would pawn his head on it) put a period to all the Troubles in five mo∣neths, whereas a Defensive War will linger many years.

In particular, Advising the setting up of the Commission of Ar∣ray, and Amassing a gallant Army for Honor and Service, consist¦ing of 24000 Foot 12000 Horse, and 2000 Volunteers, Lords and Gentlemen, that brought the Scots to a Submission and Pacificati¦on, such as it was; which the Scots falsifying, and breaking, obtru∣ding false Articles, and observing none of the true ones; he con∣sidering that they who had broken the Peace out of a desire of War, would never leave the War out of a desire of Peace; but would have if not rendred unable as well as unwilling) as constant fits of Re∣bellion, as they had of lusts or want, advised the calling of a Par∣liament,* 1.16 the most Authentick way of managing the Government. Freeely saying in Councel, That he knew a Parliament, if but rightly tempered, was so able to settle these Distractions, that if he were sure to be the first man that should be ruined by it, he would advice the Calling of it. Altered the Model of the Army, discharging the Hunting Lords, as they were then called, and recommending the Right Ho¦norable

and Well-beloved Earl of Northumberland General, himself undertaking the place of Lieutenant General, not doubting to chase the Rebels [to use his own words] in two moneths, had not the Lord Conway [whether out of design or weakness, not yet decided] disheartned the Army, by the unsuccessfulness and indiscretion of his first Encounter, and the English Lords prevented the Victory by a Petition for Peace and a Parliament, to the King; whose ten¦derness of his Subjects blood, and prudence not to sully his glory with an unequal Combate, would not permit him to fight, when the gains of a Victory could not ballance the hazard of attemp∣ting it.

His Advices against the Faction were prudent, and the Remedies seasonable. 1. The exploding of their Doctrine, when urged by some men, whose compliance with the factious way, was called Moderation in their own: and the discovering of their practices in the Examen Conjurationis Scoticae: Or, The ungirding of the Scots Ar∣mor; the Authour his servant; and the thing his design to let the world see, what it afterwards felt. 2. Bringing all the Scots in Ire∣land to declare against the dangerous Covenant of Scotland. 3. Ma∣king the loyal and ready Assistance of the Parliament of Ireland in 39. a president for that of England in 40. 4. And returning as sea∣sonably to lay open their pretences, and obviate their reaches in Treaties, as he had done their Plot in Parliaments; willing enough to hear of a present Peace, but more willing to provide a future Security; saying, He could pardon, but not trust a Scot. He managed his Army as Lieutenant General, as if he had been ready to fight them: and yet he ordered his Advices, as if he were willing to close with them. As they judged it their best way to ask with their Sword in their hands, so thought he it the most expedient method to answer them so. Since, though God never intrusted Subjects with the Sword, to obtain their priviledges; yet he did Kings with it to awe to duty. He knew what he did when he commanded the Governors of Barwick and Carlile, to watch the Invaders on the Bor∣ders, at the same time that he looked to them in Councels, where he was resolved they should not obtain that by a Pacification, that they could not hope for by a Battel; perswading His Majesty to examine the Conspiracy to the bottom, before he composed it, lest the skinned Sore might rankle: To which purpose he would deal with the Tumult not joyntly and all together, where they were bold and reserved, but singly, and one by one; for in that capacity Rebels are fearful and open, though it was not then possibly so ad∣vised a saying, yet it hath appeared since to be a very faithful and useful one; that he hasting into England out of Ireland, as they did out of Scotland, should say upon the Delivery of his Sword, If e∣ver I return to this Honorable Sword, I shall not leave of the Scots Faction neither Root nor Branch. As Sylla said of Caesar, there are many Marius'es in that Boy, so he would say of this Conspiracy when low, there are many Villanies in this Plot.

He could endure as little the petulancy of the Scots, as they could his prudence and Government: When they having leavied

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Men and Mony, seized the Kings Magazines and strong Holds; rai∣sed Forts, begirt his Castles, affronted his Proclamations, summon∣ed Assemblies, proclaimed Fasts, deprived and excommunicated Bishops, abolished Episcopacy; issued out Warrants to choose Par∣liament Commissioners, appealed from the King to the people, trampled on Acts of Parliament, discharged Counsellors and Jud∣ges of their Allegiance, confirmed all this by a League and Co∣venant, swearing to do what otherwise they would not have done, that their consciences might oblige them to do that, because they had sworn; which because not lawful to be done, was not lawful to be sworn.

He leavied Men and Money, disarmed the Irish and Scots, secu∣red his Garrisons and Ports, had an Army ready to serve His Maje∣sty, and five Subsidies to maintain it, and confirmed all with an Oath imposed to abjure that Covenant. He returns in 39. after five moneths absence, having done as much as had been done in five score years before, towards the reducing of the Natives of Ireland, to the civility, trade, and plenty of England, and disposing their Revenue so, as to repay England the charge it had been at with Ire∣land, when Walsingham wished it one great Bogge.* 1.17 Neither was he less careful of the Churches Doctrine than Discipline, forbidding the Primate's obtruding the Calvinists School points, for Articles of Faith; and in stead of the Polemick Articles of the Church of Ire∣land, to recieve the positive, plain, and orthodox Articles of the Church of England; neither admitting high Questions, nor counte∣nancing the men that promoted them, aiming at a Religion that should make men serious, rather than curious; honest, rather than subtile; and men lived high, but did not talk so: equally disliking the Trent Faith consisting of Canons, Councels, Fathers, &c. that would become a Library rather than a Catechism, and the Scots Confessions consisting of such School Niceties, as would fill a mans large Table-book and Common-place, rather than his heart. Iulius Caesar said other mens wives should not be loose, but his should not be suspected. And this great Lord advised the Primate of Ireland, that as no Clergy man should be in reality guilty of compliance with a Schism, so should not he in appearance. Adding, when the Primate urged the dangers on all sides, as Caesar once said, You are too old to fear, and I too sickly. A true saying, since upon the opening of his Body, it was found that he could not have lived, according to the course of Nature, six moneths longer than he did by the malice of his Enemies, his own Diseases having determined his life about the same period that the Nations distemper did; and his Adversa∣ries having prevailed nothing, but that that death which he just paying as a debt to Nature, should be in the instant hallowed to a Sacrifice for Allegiance; and he that was dying, must be marty∣red, and just when he put off his Coronet, Put on a Crown.

Philip the I. of Spain said, he could not compass his design as long as Lerma lived; nor the Scots theirs as long as Strafford acts, and with his own single worth bears up against the Plot of three King∣doms, like Sceva, in the breach, with his single resolution duelling the whole Conspiracy.

That now being resolved into two Committees, the one of Scots, the other of English, first impeach him Decemb. 17. of High Treason in the House of Lords; though so Innocent, and so well satisfi∣ed in his own present integrity, that when he might have kept with an Army that loved him well at York, to give Law to those conspi∣tors, he came to receive Law from them; and when he might have been secure in his Government, and in the Head of an Army in Ireland, he came to give an account of that Government, and Ar∣my in England; laying down his own Sword to be subject to others, and teaching how well he could Govern, by shewing how well he could obey; yea, when he might have retired and charged his Adversaries (as Bristow did Buckingham) with that conspiracy for the overthrow of Government wherewith they charged him. He being able to prove how P. H. H. K. S. H. S. that thirst most for his blood, had correspondence with, and gave counsel to the Kings Enemies in Scotland, and Ireland, and Eng∣land; when they could prove no more for the alteration of the Law against him, than that he gave advice to the King according to his place to support them, yet he tamely yeilded his whole life to be scanned by those that could not be safe, but when he was dead; and having mannaged the great trust reposed in him, by the Laws of Antient Parliaments, was not afraid to submit himself to the censure of this. Rather than hide his head in some Forreign Nation that offered him Sanctuary; (saying, That England had but one good head, and that was to be Cut off, meaning His) he would loose in his own, scorning for services done his own King, to beg protection of another.

The brave man judging that he deserved death, that minute he feared it, and that he was fit to be Condemned that day he refused to be Tryed, appeared in Parliament, and Counsel with that reso∣lution, that afterwards he appeared at the Bar with, till the Scots thinking their guilt could not be pardoned till his Innocence was Impeached, and that their vast Accounts amounting to 514128l. 9s. could not pass, till he was laid up, to give up his, as he was in Decemb. 1640 and the Scots going with the English, first Impeached, and af∣wards, Ian. 30. compleated their Charge against him; which drawn up in two hundred sheets of paper, was brought to the Peers by Pym, and [how Sir Henry V. short Notes multiplied,] were read Feb. 24. to the Peers before the King, and Feb. 25. to the Com∣mons, consisting of 28. Articles, to which having Counsel allowed him in matter of Law after three dayes debate about it, and they allowed to plead, but in matters they were restrained to by the House; he answered in Westminster-Hall before the King, Queen, the Prince, and Courtiers, in an apartment by themselves, and the whole Parliament, an Audience equal to the greatness of the Earls Person, and the Earl of Lindsey, being Lord High Constable for the day, the Earl of Arundel Lord High Steward on the 22. of March, as to matter of Fact in general; and the Court ad∣journing to the next day, then in particular to 13 Articles put to him of a suddain, as first that he had withdrawn 24000l. out of

Exchequer of Ireland, for his own use: Secondly, That the Irish Garrisons had in the years 1635, 1636. &c. been maintained with English Treasure. Thirdly, That he had preferred infamous, and Popish persons, such as the Bishop of Waterford, &c. in the Irish Church.

To which (notwithstanding the surprize of a Vote wherein the Parliament of Ireland charged him of High Treason) a Copy whereof was delivered sealed to the Lords at that very instant, with purpose to discompose him, (An emergency that tran∣sported him indeed to say in passion) That there was a Con∣spiracy against him; which when the Faction aggravated as if he charged with High Treason by both Houses of Parlia∣ments, should charge both Parliaments with a Conspiracy, though he execused it, as meant of particular and private persons, ••raving pardon for the inconsiderateness of the expression. He answered with an undaunted Presence of spirit, with firm Rea∣son, and powerful Eloquence to this purpose, that the Money he had taken for himself, was no other than what Money he had paid for the King before. Secondly, That he had eased the Kingdom of those Garrisons wherewith it had been burthened, during his Predecessors time. Thirdly, That the Bishop of Waterford, had de∣ceived him, and satisfied the Law; and the next day after, March•• 24. to these Articles [all the forementioned 28. Articles being 〈◊〉〈◊〉 ur∣ged] he replyed thus,

The First Article insisted on, That 31. A••••••••s ••••33. he being Lord President of the North,* 2.1 and Justice of Peace publickly at the York A••••••zes, declared that some Justices were all for Law, but they should find that the Kings little singer should be heavier than the loines of the Law, testified by Sir David Fowls, &c.

The Earles Reply.

That Sir David Fowls was his profest Enemy, that his words were clearly inverted, that his expression was, That the little ••inger of the Law (if not moderated by the Kings gracious Clemency) was hea∣vier then the Kings loins. That these were his words, he verified; First by the occasion of them, they being spoken to some whom the Kings favour had then enlarged from imprisonment at York, as a motive to their thank fulness to his Majesty. Secondly, By Sir William Penny∣man a Member of the House, who was then present, and heard the words; which Sir William declaring to be true, the House of Commons required Iustice of the Lords against him, because he had Voted the Arti∣cles as a Member of the House, whereupon Sir William wept.

Secondly, That he should say at the Castle of Dublin, that Ire∣land was a Conquered Nation, and that the King might do with them what he pleased; and speaking of the Charters of that City, averred that their Charters were nothing worth, and did bind the King no further than he pleased.

The Earles Reply.

That if he had been over liberal of his Tongue for want of discretion, yet could not his words amount to Treason, unless they had been revealed within fourteen dayes, as he was informed. As to the Charge, he said, True it is, he said Ireland was a Conquered Nati∣on, which no man can deny; and that the King is the Law-giver in matters not deter∣mined by Acts of Parliament, be conceived all Loyal Subjects would grant.

3. That R. Earl of Cork, having sued out a Process in Course of Law, for Recovery of possessions out of which he was put by an order of the Earl of Strafford, and the Council of Ireland, the said Earl threatned to Imprison him, if he did not surcease his suit, saying, That he would have neither Law nor Lawyers dispute or question any of his Orders. And when the said Earl of Cork said, that an Act of King Iames his Council there about a Lease of his, was of no force; the Earl of Strafford replyed, That he would make the said Earl know, and all Ireland too, so long as he had the Go∣vernment there, that any Act of State there should be obeyed, as well as an Act of Parliament.

The Earles Reply.

It were hard measure for a Man to loose his Honour, and his Life, for an hasty word; or because he is no wiser than God hath made him. As for the words, he confessed them to be true, and thought he said no more then what became him, considering how much his Majesties honour was concerned in him; that if a proportionable obedience was not as well due to Acts of State, as to Acts of Parliament, in vain did Councils sit. And that he had done no more, than what former Deputies had done, and than what was a∣greeable to his Instructions from the Council-Table, which he produced; and that if those words were Treason, they should have been revealed within fourteen days.

4. That the said Earl of Strafford, 12 Decemb. 1635. in time of peace, sentenced the Lord Mount-Norris (a Peer, Vice-Treasurer, Receiver-General, Principal Secretary of State, and Keeper of the Privy Signet in Ireland) and another to death by a Councel of War without Law, or offence, deserving such punishment.

The Earles Reply.

That there was then a standing Army in Ireland, and Armies cannot be governed but by Martial Law: That it hath been put in constant practice with former Deputies; That had the sentence been unjustly given by him, the Crime could amount but to Felony at most, for which he hoped he might as well expect from his Majesty, as the Lord Conway, and Sir Jacob Astley had, for doing the like in the late Northern Army. That he neither gave sen∣tence, nor procured it against the Lord Mount-Norris, but onely desired Iustice against the Lord, for some affront done to him as he was Lord Deputy of Ireland. That the said Lord was judged by a Council of War, wherein he sate bare all the time, and gave no suffrage against him; that also to evidence himself a party, he caused his Brother Sir George Wentworth, in regard of the nearness of Blood, to decline all acting in the Pro∣cejs. Lastly, Though the Lord Mount-Norris justly deserved to die, yet he obtained his Pardon from the King.

5. That he had upon a Paper-Petition of R. Rolstone, with∣out

any legal Tryal disseized the Lord Mount-Norris of a Free-hold, whereof he was two years in quiet possession.

The Earles Reply.

That he conceived the Lord Mount-Norris was legally divested of his Possessions, there being a suit long depending in Chancery, and the Plaintiff complaining of delay, he upon the Complainants Petition, called unto him the Master of the Rolls, Lord Chancellor, and Lord Chief Iustice of the Common-Pleas; and upon •• roofs in Chancery, De••reed for the Plaintiff, wherein he said he did no more then what other Deputies had done before him.

6. That a Case of Tenures upon defective Titles, was by him put to the Judges of Ireland, and upon their opinion, the Lord Dillon and others, were dispossessed of their Inheritances.

The Earles Reply.

That the Lord Dillon, with others, producing his Patent, according to a Proclamation in the behalf of his Majesty, the said Patent was questionable; upon which a Case was drawn and argued by Council, and the Iudges delivered their Opinions: But the Lord Dillon, or any other, was not bound thereby, nor put out of their Possessions, but might have Traverst their Office, or otherwise have Legally proceeded, notwithstanding the said Opinion.

8. That he, October 1635. upon Thomas ••Hibbots Petition to the Council, voted against the Lady Hibbots, though the major part of the Council were for her, and threatned her with 500l. Fine, and Imprisonment, if she disobeyed the Council-Order entred against her, the Land being conveyed to Sir Robert Meredith, for his use.

The Earls Reply.

That true it is, he had voted against the Lady Hibbots, and thought he had reason so to do, the said Lady being discovered by fraud and Circumvention, to have bargained for Lands of a great value, for a small Sum. And he denied that the said Lands were after sold to his use, viz. That the major part of the Council-board voted for the Lady; the contrary appearing by the Sentence under the hand of the Clerk of the Counc••l; which being true, he might well threaten her with Commitment, in case she disobeyed the said Order. Lastly, Were it true that he were Criminal therein, yet were the Offence but a Misdemeanor, no Treason.

9. That he granted Warrants to the Bishop of Down and Connor, and other Bishops, their Chancellors and several Officers, to Attach such mean people, who after citation refused either to ap∣pear, or undergo, or perform such Orders as were enjoyned.

The Earles Reply.

That such Writs had been usually granted by former Deputies to Bishops in Ireland, nevertheless, being not fully satisfyed with the convenience thereof, he was sparing in granting them, until being informed that divers in the Diocesse of Down, were some∣what refractory; he granted Warrants to that Bishop, and hearing of some disorders in the execution, he called them in again.

10. That he having Farmed the Customes of Imported and exported merchandise, Inhanced the prices of the Native com∣modities of Ireland, and caused them to be rated in the Book of Rates for the Customes; according to which, the Customes were ga∣thered five times more than they were worth.

The Earles Reply.

That his interest in the Customes of Ireland accrewed to him by the Assignation of a Lease from the Dutchess of Buckingham: That the Book of Rates, by which the Customes were gathered, was the same which was established by the Lord Deputy Faulkland, Anno. 1628. some years before he was imployed thither: That as he hath been just and faithful to his Master the King by increasing his Revenue, so hath he also much bettered the Trade, and Shipping of that Kingdome.

11. That he prohibited the exportation of some Native Com∣modities, as Pipe-staves, &c. and then required great summes of money for license to export them, to the Inhansing of the prices of those Commodities half in half.

The Earles Reply.

That Pipe-staves were prohibited in King James his time, and not exported but by License, paying six shillings eight pence a thousand; and that he had not raised so much thereby to himself, as his Predecessors had done for such Licenses.

12. That the said Earl to regulate the Trade of Tobacco, prohibited the Importing of it without License. In the mean time taking up, and buying it at his own rate to his own use, and forbidding others to sell any Tobacco by whole-sale, but what was made up in Rolls, and sealed at both ends by himself: Besides other Monopolies of Starch, Iron, Pots, which they said, brought the Earl in 100000l. sterl. besides, that though he inhanced the Cu∣stomes in general, yet he drew down the Imposts on Tobacco from 6d. to 3d. in the pound.

The Earles Reply.

That before his time, the King had but ten or twenty pounds per annum for that Cu∣stome, which now yeilded twenty thousand pounds. For the Proclamation, it was not set out by his meanes principally, or for his private benefit, but by consent of the whole Council. The prices of Tobacco not exceeding two shillings in the pound. And this he conceives cannot be made Treason, were all the Articles granted, but onely a Monopoly; for which he was to be Fined.

13. That Flax being the Native Commodity of Ireland, and he having much of it growing on his own ground, or at his command, ordered by Proclamation that none should be vented upon pain of forfeiting it, but what was wrought into Yarn and Thread; a way not used in Ireland, whereby he had the sole sale of that Commodity.

The Earles Reply.

That he did endeavour to advance the Manufacture of Linnen, rather then of Woollen, because the last would be the greater detriment to Eng∣land. That the Primate of Ireland, the Arch-Bishop of Dublin, Chan∣cellour Loftus, and the Lord Mount-Norris, all of the Council, and Subscribers of the Proclamation, were as liable to the Charge as himself. That the reducing of that Nation, by Orders of the Council-Board, to the English Customes, from their more savage usages, as drawing Horses by their Tails, &c. had been of former practise: That the Project was of so ill avail to him, as he was the worse for the Manufacture thirty thou∣sand pounds at least, by the Loom he had set up at his own Charge.

12. That the said Earl did in a War-like manner, by Soldiers ex∣ecute his severest Orders and Warrants in Ireland, dispossessing se veral persons by force of Arms in a time of peace, of their houses and estates, raising taxes, and quartering Souldiers upon those that disobeyed his Orders, so leavying War against his Majesties Liege people in that Realm, Testified Serjeant Savil.

The Earles Reply.

That nothing hath been more ordinary in Ireland, than for the Go∣vernours to put all manner of Sentences in execution by the help of Sol∣diers: that Grandison, Faulkland, Chichester, and other Deputies fre∣quently did it: (Sir Arthur Teningham, to this point deposed, that in Faulklands time he knew twenty Souldiers assessed upon one man, for re∣••using to pay sixteen shillings:) That his instruction for executing his Com∣mission was the same with those formerly given to the Lord Faulkland, and that in both there is express warrant for it: That no Testimony pro∣duced against him doth evidently prove he gave any Warrant to that ef∣f••ct; and that Serjeant Savil shewed only a 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 Tryed by the Peers of that Kingdome.

13. That he obtained an Order of his Majesty, That none should complain of any Oppression or Injustice in Ireland, before the King or Council in England, unless first the party made his ad∣dress to him, using to all his Actions, his Majesties Authority and Name; yet to prevent any from coming over to Appeal to his Majesty, or to complain, he by Proclamation, bearing date Septemb. 17. 1636. Commanded all Nobility, Undertakers, and o∣thers, that held Offices in the said Kingdom of Ireland, to make their residence there, not departing thence without License, seconding that Proclamation with Fines, Imprisonments, &c. upon such as disobeyed it, as on one Parry, &c. Testified by the Earl of Desmond, the Lord Roch, Marcattee, and Parry.

The Earles Reply.

That the Deputy Faulkland had set out the same Proclamation; That the same Re∣straint was contained in the Statute of 25. Henry 6. upon which the Proclamation was founded; That he had the Kings express Warrant for the Proclamation; That he had also power to do it by the Commission granted him, and that the Lords of the Councel and their Iustices, not only yielded, but pressed him unto it; That it was done upon just cause; for had the Ports been open, divers would have taken liberty to go to Spain, Doway, Rheimes, or St. Omers, which might have proved of mischievous Consequence to the State: That the Earl of Desmond stood, at the time of his restraint, Charged with Treason before the Councel of Ireland, for practising against the Life of one Valentine Coke. That the Lord Roch was then a Prisoner for Debt in the Castle of Dublin, and therefore incapable of License. That Parry was not fined for not coming without License, but for several contempts against the Council-Board in Ireland; and that in his Sentence he had but only a casting Voice, as the Lord Keeper in the Star-Chamber.

14. That having done such things as aforesaid, in his Majesties Name, he framed by his own Authority an unusual Oath, where∣by among other things, people were to Swear, That they would not protest against any of his Majesties Royal Commands, but submit them∣selves in all Obedience thereunto: An Oath which he Imposed on se∣veral Scots in Ireland (designing it indeed against the Scottish Co∣venant) on pain of great Fines, as H. Steward 5000 l. &c. Exile, and Imprisonment, &c.

The Earles Reply.

That the Oath was not violently enjoyned by him upon the Irish Scots, but framed in Compliance with their own express Petition; which Petition is owned in the Proclamati∣on, as the main Impulsive to it. That the same Oath not long after, was prescribed by the Councel of England: That he had a Letter under his Majesties own hand, ordering it to be prescribed as a Touch-Stone of their Fidelity. As to the greatness of the Fine im∣posed upon Steward, and others, he conceived it was not more then the hainousness of their Offences deserved; yet had they Petitioned, and submitted the next day, it would wholly have been remitted.

15. That he perswaded his Majesty to an offensive War against the Scots, declaring that the Demands made by the Scots this Parliament, was a sufficient Cause of a War, besides that on the 10th of Octob. 1640. he said, That the Nation of Scots were Rebells, and Traytors; adding, that if it pleased his Master to send him back again (as he was going to England) he would leave the Scottish Na∣tion neither Root nor Branch, excepting those that took the afore∣said Oath.

The Earles Reply.

That he called all the Scottish Nation Traytors, and Rebells, no one Proof is produced; and though he is hasty in speech, yet was he never so defective of his reason, as to speak so like a mad Man; for he knew well his Majesty was a Native of that Kingdom, and was confident many of that Nation were of as Heriock Spirits, and as Faithful and Loyal Subjects as any the King had. As to the other words of his rooting out the Scots

Root and Branch, he conceives a short Reply may serve, they being proved by a single Te∣stimony onely, which can make no sufficient faith in case of life: Again, the witnesse was very much mistaken, if not worse; for he deposeth that these words were spoken the tenth day of October in Ireland, whereas he was able to evidence, he was at that time in England, and had been so neer a month before.

18. That when the Parliament 13 April, 1640. entred upon the Grievances in Church and State; the Earl (to whom with the Arch Bishop of Canterbury, the King referred the business of that Parliament) advised his Majesty to press the Commons to supply his Majesties occasions against the Scots, before they Redressed any Grievances. And when they were in debate about the Sup∣plies, perswaded his Majesty to dissolve them, by telling him they had denyed to supply him: Adding, after the dissolution of that Parliament, that the King having tried the Affections of his people, he was loosed, and absolved from all Rules of Govern∣ment, and was to do every thing that Power would admit: and that since his Majesty had tried all ways, and was refused, he should be Acquitted both by God and Man; and that he had an Army in Ireland, which he might imploy, to reduce this Kingdom to obedience.

The Earles Reply.

That he was not the Principal Cause of Dissolving the last Parliament; for before he came to the Council-table, it was Voted by the Lords, to Demand twelve Subsidies, and that Henry Vane was Ordered to Demand no lesse. But he coming in the interim, he per∣swades the Lords to Vote it again, Declaring to his Majesty (then present) and them, the danger of the Breach of Parliament: Whereupon it was Voted, that if the Parlia∣ment would not grant twelve Subsidies, Sir Henry Vane would descend to eight, and rather than fail, to six. But Sir Henry not observing his Instructions, de∣manded twelve only without abatement or going lower: That the height of this De∣mand, urged the Parliament to deny, and their denial moved his Majesty to Dissolve the Parliament; so that the chief occasion of the Breach thereof, `was, as he conceived, Sir Henry Vane. He confesseth, that at the Council-table, he Advised the King to an Offensive War against the Scots; but it was not, untill all fair means to prevent a War had been first attempted. Again, others were as much for a Defensive War, and it might be as free to Vote one as the other. Lastly, Votes at a Council-board are but bare Opini∣ons, and Opinions, if pertinaciously maintained, may make an Heretick, but cannot a Traytor. And to Sir Henry Vanes Deposition, he said, it was onely a single testimony, and contradicted by four Lords of the Iunto-tables depositions, viz. The Earle of Northum∣berland, the Marquess of Hamilton, the Bishop of London, and the Lord Cottington; who all affirmed, that there was no question made of this Kingdome, which was then in obedience, but of Scotland that was in Rebellion. And Sir Henry Vane, being twice Examined upon Oath, could not remember whether he said this or that Kingdome, and the Notes after offered for more proof, were but the same thing, and added nothing to the Evidence, to make it a double Testimony, or to make a Privy-councellors Opinion, in a De∣bate at Council, High-treason.

19. That after the Dissolution of the Parliament April 5. 1640. The said Earl Advised the King to go on vigorously to Levy Ship∣money, and other Illegal Payments, suing in Star-chamber, and Im∣prisoning several that neglected, either to gather or pay those Le∣vies: Particularly the Londoners, who for not Collecting the Ship∣money,

so vigorously as they should have done, and refusing to give in the names of such Citizens as were able to Lend Money•• upon the Loan of an 100000l. demanded of them, were threatned by him at the Council-table.

That they deserved to be put to Fine and Ransom; and that no good would be done with them, till an Example were made of them, till they were laid by the Heeles, and some of the Al∣dermen Hanged up.

The Earles Reply.

That there was a present necessity for Money, that all the Council-board had Voted with, yea, before him. That there was then a Sentence in Star-chamber, upon the Opinion of all the Iudges, for the Legality of the Tax of Ship-money, and he thought he might advice the King to take what the Iudges had declared was by Law his own. He consessed, that upon the Refusal of so just a Service, the better to quicken the Citizen•• to the Payment of Ship-money, he said, They deserved to be Fined; Which words, perhaps, might be circumspectly delivered, but (conceives) cannot be a motive to Treason, especially, when no ill consequence follow∣ed upon them: And it would render Men in a sad condition, if for every hasty Word, or Opinion given in Council, they should be Sentenced as Tray∣tors. But that he said, It were well for the Kings Service, if some of the Aldermen were hanged up, he utterly denieth. Nor is it proved by any, but Alderman Garway, who is at best but a single Testi∣mony, and therefore no sufficient Evidence in Case of Life.

20. That he had Advised the King to seise upon the Bullion in the Mint, and when the Merchants, whose Bullion was seized on to the value of 50000l. waited upon him at his house, to repre∣sent to him the consequence of discrediting the Mint, and hinder∣ing the Importance of Bullion. Answered them, that it was the course of other Princes in those exigencies, to which the unduti∣fulness of London [kinder to the Rebells than to his Majesty] had reduced the King: And that he had directed the Imfusing of mo∣ney with Brasse. Alleadging to the Officers of the Mint, when they represented to him the Inconvenience of that Project, that the French King had an Army of horse to Levy his Taxes, and search mens Estates; and telling my Lord Cottington that stood by, that that was a point worth his consideration.

The Earles Reply.

That he expected some proof to evidence the two first particulars, but he hears of none. For the following words he confessed, probably, they might escape the Door of his Lips, nor did he think it much amiss, considering the present posture, to call that Faction, Rebels. As for the last words objected against him in that Article, he said, that being in conference with some of the Londoners, there came to his hands at that present, a Letter from the Earl of Lichester, then in Paris, wherein

were the Gazettes enclosed, relating that the Cardinal had given order to ••evy Money by Souldiers. This he onely told the Lord Cottington stand∣ing by, but he made not the least Application thereof to the English af∣fairs.

21. That being Lieutenant-General of the Northern Forces against the Scots, 1639. he Imposed 6d. per diem, on the Inhabitants of York-shire, for the maintenance of Trained Bands by his own Authority, threatning them that refused with imprisonment, and other penalties, little below those inflicted for High-Treason.

The Earles Reply.

That his Maj••sty coming to York, it was thought necessary, in regard the Enemy was upon the Borders, to keep the Trained-bands on foot, for the defence of the Country; and therefore the King directed him to Write to the Free-holders in York-shire, to declare, what they would do for their own defence; that they freely offered a months pay, nor did any man grudge against it. Again, it was twice propounded to the great Council of Pe••rs at York, that the King approved it as a just and necessary act, and none of the Council contradicted it, which he conceived seemed a tacit allowance of it. That though his Majesty had not given him special Order therein, nor the Gentry had desired it; yet, he conceived, he had power enough to Impose that Tax, by Vertue of his Commission. But he never said, that the Refusers should he guilty of little less than High-••reason; which being proved by Sir William Ingram, he was but a sin∣gle Testimony, and one who had formerly mistaken himself in what he had deposed.

22. That he being Lieutenant-General against the Scots, suffered New-Castle to be Lost to them, with design to incense the English against the Scots: And that he ordered my Lord Conway to Fight them upon disadvantage, [the said Lord having satisfied him, that his Forces were not equal to the Scots] out of a malicious desire to Engage the two Kingdomes in a National and Bloudy War.

The Earles Reply.

That he admired how in the third Article, he being charged as an Incen∣diary against the Scots, is now in this Article made their Confederate, by Betraying New-Castle into their hands. But to answer more particu∣larly, he said, That there were at New-Castle the 24. of August, ten or twelve thousand Foot, and two thousand Horse, under the Command of the Lord Conway, and Sir Jacob Ashley, and that Sir Jacob had writ to him concerning the Town of New-castle, that it was Fortified, which also was under his particular Care; and for the passage over the River of Tine, His Majesty sent special direction to the Lord Conway to se∣cure it; and therefore that Lord is more (as he conceives) responsible for that miscarriage, than himself.

These replies were so satisfactory in themselves, and so nobly managed by him, that they exceeded the expectation of the Earles Friends, and defeated that of his Enemies: Insomuch, that finding both the number and the weight of their former Articles ineffe∣ctual (their multitude being not, as they designed, able to hide their weakness) they would needs force him the next day (not∣withstanding a ••it of the Stone, that made it as much as his life was worth to stir abroad, which though testified by the Leiutenant of the Tower, they measuring the Earles great spirit, that scorned to owe his brave Life to ignoble Acts, by their own mean one, believed not; and when convinced, aiming at his ruin, rather than tryal, regarded not) to answer others, I mean, those obscure Notes that Sir Henry Vane (whose covetousness having as great a mind to a part of the Earles Estate, as others ambition had to the snips of his Power, betrayed his trust and honour to satisfie his malice) took un∣der his Hat at Council-board [May 5. 1040. the day the last Parlia∣ment was Dissolved] treacherously, laid up in his Closet malici∣ously, and by his own Son Harry (who must be pretended, forsooth, as false to the Father, as ever the Father had been to his Master; and when sent to one Closet, finding a little Key there, to have ran∣sacked another, where these Notes lay) conveyed to Master Pym slyly; by Master Pym and the Commons [who would needs have a conference with the Lords that very afternoon] urged so vehe∣mently, that the Lords, who thought it reasonable, that the Earles Evidence might be heard, as well as his Adversaries, were bassled to a compliance with the Commons in this Vote, that the Earl should appear, April 13th. as he did. And when these Notes were Read, viz.

No danger of a War with Scotland, if Offensive, not Defensive.* 22.1

K. C. H. How can we undertake an Offensive War, if we have no money?

L. L. Ir. Borrow of the City an hundred thousand pounds, go on vi∣gorously to Levy Ship-money, your Majesty having tried the affections of your People, you are absolved, and loose from all Rules of Government, and to do what Power will admit. Your Majesty hath tryed all ways, and being refused, shall be Acquitted before God and Man. And you have an Army in Ireland, that you may Imploy to reduce this Kingdom to obe∣dience; for, I am confident, the Scots cannot hold out five months:

The Town is full of Lords, put the Commission of Array on foot; and if any of them stir, we will make them smart.

Answered thus calmly and clearly (his nature being not over∣come, nor his temper altered,* 22.2 by the arts of his Adversaries.)

That being a Privy Counsellor, he conceived he might have the freedom to Vote with others his opinion; being as the exi∣gent required. It would be hard measure, for Opinions, Re∣sulting from such Debates, to be prosecuted under the notion of

Treason. And for the main Hint suggested from these words.— The King had an Army in Ireland, which he might Imploy here to re∣duce this Kingdom; he Answereth,

That it is proved by the single Testimony of one man [Secre∣tary Van••] not being of validity in Law to create faith in a Case of Debt, much less in Life and Death. That the Secretaries Depo∣sition was very dubious: For upon two Examinations, he could not Remember any such words. And the third time his Testimony was various; but that I should speak such words, and the like. And words may be very like in Sound, and differ in Sense; as in the words of my charge here for there; and that for this, puts an end to the Controversie.

There were present at this Debate, but eight Privy Counsel∣lors in all; two are not to be produced, the Arch-bishop, and Winde∣banke. Sir Henry Vane affirmeth the words. I deny them: then there remain four for further Evidence, viz. The Marquess Hamilton, the Earl of Northumberland, the Lord Treasurer, and the Lord Cottington, who have all declared upon their honour, that they never heard me speak those words, nay, nor the like. Lastly suppose [though I granted it not] that I spake those words, yet cannot the word this rationally imply England, because the De∣bate was concerning Scotland, as is yielded on all hands, because England was not out of the way of obedience, as the Earl of Clare observed well; and, because there was never the least inten∣tion of Landing the Irish Army in England, as the foresaid Lords of the Privy Council are able to attest.

Concluding his defence with a sinewy summary, and a close recapitulation of what he had said, and a gallant Speech to this purpose:

My Lords,

THere yet remains another Treason, that I should be guilty of; The endeavouring to subvert the Fundamental Laws of the Land: That they should now be Treason toge∣ther, that is not Treason in any one part of Treason Accumulative, that so, when all will not do, it is woven up with others, it should seem very strange.

Vnder favour, my Lords, I do not conceive that there is either Statute-law, or Com∣mon-law, that doth declare the endeavouring to subvert the Fundamental Laws to be High-treason.

For neither Statute-law, nor Common-law written, that ever I could hear off, declareth it so.

And yet I have been diligent to enquire (as, I believe, you think it doth concern me to do.)

It is hard to be questioned for Life and Honour, upon a Law that cannot be shewn.

There is a Rule I have learned from Sir Edward Cooke, De non apparentibus, & non existentibus eadem ratio: (Jesu••) Where hath this fire lain all this while, so many hundreds of years, without any smoak to discover it, till it thus burnt out to consume me, and my Children; extreame hard, in my opinion, that punishment should proceed pro∣mulgation of Laws, punishment by a Law, subsequent to the acts done.

Take it into your consideration: For certainly it is now better to be under no Law at all, but the will of men; than to conform our selves under the protection of a Law as we think, and then be punished for a Crime that doth proceed the Law: What man can be safe, if that be once admitted?

My Lords, It is hard in another respect, that there should be no Token set upon this

Offence, by which we should know it; no Admonition, by which we should be aware of it.

If a man pass down the Thames in a Boat, and it be Split upon an Anchor, and no Buoy be set, as a token, that there is an Anchor there; that party that owes the Anchor, by the Maritine Laws, shall give satisfaction for the damage done; but if it were mark•• out, I must come upon my own peril.

Now where is a mark upon this crime, where is the token this is High-treason?

If it be under water, and not above water, no humane providence can avail, nor pre∣vent my destruction.

Lay aside all humane wisdome, and let us rest upon Divine Revelation, if you will con∣demn me before you forewarn the danger.

Oh, my Lords! May your Lordships be pleased to give regard unto the presage of England, as never to suffer our selves to be put on those nice points, upon such contra∣ctive interpretations; and these are where Laws are not clear or known. If there must be trials of Wits, I do humbly beseech you, the subject and matter may be somewhat else, than the lives and honours of Peers.

My Lords, We find that the Primitive times, in the progression of the plain Doctrine of the Apostles, they brought the Books of Curious Arts, and burned them. And so like∣wise, as I conceive, it will be wisdome and providence in your Lordships, for your poste∣rity and the whole Kingdomes, to cast from you into the fire, those bloudy and most misteri∣ous Volumes of constructive and arbitrary Treasons; and to betake your selves to the plain letters of the Law and Statute, that telleth us where the crime is, and by telling what is, and what is not, shews us how to avoid it. And let us not be ambitious, to be more wise and learned in the killing arts, than our forefathers were.

It is now full two hundred and forty years, since ever any man was touched for this alledged crime (to this height) before my self; we have lived happily to our selves at home, and we have lived gloriously to the world abroad.

Let us rest contented with that our fathers have left us, and not awaken th••se sleepy Lions to our own destructions; by taking up a few musty Records, that have lain so many Ages by the Walls, quite forgotten and neglected.

May your Lordships be nobly pleased, to add this to those other misfortunes befallen me for my Sins, not for my Treasons, that a President should be derived from me of that disad∣vantage (as this will be in the consequent to the whole Kingdome.) I beseech you seri∣ously to consider it, and let not my particular cause be looked upon as you do, though you wound me in my interest in the Commonwealth; and therefore those Gentlemen say, that they speak for the Commonwealth, yet, in this particular, I indeed speak for it, and the inconveniencies and mischiefs that will heavily fall upon us. For as it is in the first of King Henry the fourth, no man will after know what to do, or say for fear.

Do not put, My Lords, so great difficulties upon the Ministers of State, that men of wisdome, honour and virtue, may not with chearfulness and safety be imployed for the pub∣lick. If you weigh and measure them by Grains and Scruples, the publick affairs of the Kingdom will be laid waste, and no man will meddle with them, that hath honours, issues, or any fortunes to loose.

MY Lords, I have now troubled you longer than I should have done, were it not for the interest of those dear pledges a Saint in Heaven left me; I should be loath, my Lords, (there he stopped.)

What I forfeit for my self, it is nothing, but that my Indiscretion should forfeit for my Child, it even woundeth me to the very soul.

You will pardon my infirmity: something I should have said, but I am not able (and sighed) therefore, let it pass.

And now, my Lords, I have been, by the blessing of Almighty God, taught, that the aff••iction of this life present, are not to be compared to the eternal weight of that glory that shall be revealed to us hereafter.

And so, my Lords, even so, with tranquillity of mind, I do submit my self freely and clearly to your Lordships judgements; and whether that righteous Iudgement shall be to life or death.

Te Deum Laudamus.

A defence every way so compleat;* 23.1 That he, whom English, Scots, and Irish combined against in their Testimonies, [such English as cavied his virtues and power, such Scots as feared his wisdom and council, such Irish as could not endure the strictness and civility of his government. In fine, such whose frauds and force were met with by his prudence and prowess] He whom three Kingdomes agreed against in their Faction, (indeed, so excellent a Personage was not to be ruined, but by the pretended hatred of the whole Empire.) He, whom the Mercenary Lawyers and Orators repre∣sented so monstrously, appeared so innocent, that some of his very Enemies said [in much anger, you may be sure] that their Charge of Misdemeanors, proved no other than a Libel of Slanders; and the disingaged and honest part of the Nation (with as much plea∣sure, to find so great faults) reflected on the unhappiness of great Ministers,* 23.2

whose parts and trust must be their crimes, whose happy councils are envied, and unsuccesseful, though prudent ones, severely accused: When they err, every one condemneth them; and their wise advices few praise: For those that are be∣nefited, envy; and such as are disappointed, hate those that gave them.

The Faction thus baffled by his Abilities and Innocence,* 23.3 and run down by Master Lane, the Princes Atturneys Argument (for with much ado) they allowed him Master Lane, Recorder Gardiner, Master Loe, and Master Lightfoot for Council, though in point of Law [in such matters, as they would allow them to plead in] viz. That these words in the Statute of 25. Edw. 3. Because particular Treasons could not be then defined, therefore, what the Parliament shall declare to be Treason, in time to come should be punished as Treason.— being the words of a declarative and penal Statute, ought to be understood literally; and that this Salvo was Repealed 6. Hen. 4. when it was Enacted, that nothing shall be esteemed Treason, but what is literally contained in the Statute 25. Edw. 3. drew up the Bill of Attainder (a Law after the Fact, with a shameful Caution, that the unparallel'd thing should not be drawn into a Precedent, so securing themselves, who really designed that alteration of Go∣vernment they falsly charged him with, from the return of the same Injustice on themselves,* 23.4 which they Acted on him.) A Bill that they Passed in two days [so eager were they of bloud, and so fearful of delays and sober consideration] notwithstanding the generous dissent of a fifth part of the Commons (men of honest hopes, who disdained to administer to the lusts of the Faction, in the bloud of so much innocent Gallantry, though with the hazard of their lives, being Posted and Marked out to the fury of the Rabble.

And by the Midwifery of a Tumult of 5 or 6000. people, in∣stigated and directed by unquiet Members of the House of Com∣mons, that were seen amongst them, to the great dishonour of their persons and places, forced upon as many of the Peers as would or durst Sit, and that was scarce a third part, in whose thin house, after the King had so frankly declared three things, May. 1.

in the Earles behalf, before both House, viz. 1. That he was ne∣ver advised to bring the Irish Army into England. 2. That no man ever durst create in him the least jealousie of his English Subjects Loyalty. 3. That no man ever dared to move him to alter the least, much less all the Laws of England. It scarcely Passed after so many hideous Riots raised by the Pulpit Demagogues, Sunday May 2. by seven Voices.—And when brought to his Majesty (who had ear∣nestly intreated them, by all the Franke Concessions he had made to them, that Parliament not to press him in so tender a point) and though the Tumults without, and the Sollicitations within (seve∣ral Courtiers looking on the Earl, as the Herd doth on an hurt Deer, hoping his blood would be the lustration of the Court) ran high; the Gracious King (being loath to leave so faithful and brave a man a Sacrifice to popular rage) there stuck, until 1. The Judges (upon whose judgment the Bishops, when sent for, advised his Majesty to rely in matter of Law, they being sworn to declare the Law equally between the King and his People) pronounced him guilty of Treason in the general, though they confessed he was not so in any particulars [the point his Majesty pressed much upon them.] 2. The Parliament, City and Country importuned him, his very followers tyring him with that Maxime [the weaknesse whereof•• many of them lived to see and suffer.] Some talk of a Paper-promise the King gave him,* 23.5 wherein was write upon, Better one man perish, though unjustly, than the people be displeased or de∣stroyed. And the Parliament wearying him with that clamor, ra∣ther than reason, that their Vote, though against his Judgement, should satisfie his Conscience. 3. The Earl offered himself a Vi∣ctime, like Hurtius, for the Kingdomes Peace, and the Kings Safety, in this Letter to his Majesty.

The Earl of Strafford's Letter to the King.

May it please your Majesty,

IT hath been my greatest grief in all these troubles,* 24.1 to be tak∣en as a person, who should indeavour to represent, and set things amisse, between your Majesty and your People, and to give council, tending to the disquiet of the three Kingdomes.

Most true it is, that mine own private condition considered, it had been a great madnesse, since through your gracious favour, I was so provided, as not to expect in any kind to mend my for∣tune, or please my mind more; than by resting where your bounteous hand had placed me. Nay, it is most mightily mista∣ken, for unto your Majesty is well known, my poor and humble advises concluded still in this, that your Majesty, and your peo∣ple could never be happy, till there were a Right Understanding betwixt you and them; no other means to effect, and settle this happinesse, but by the counsel and assent of the Parliament; or to prevent the growing evils upon this State, but by intirely putting your self, in your last resort, upon the Loyalty and good Affection of your English Subjects.

Yet, such is my misfortune, this truth findeth little credit; the contrary seemeth generally believed, and my self reputed, as something of separation, between you and your people, under a heavier censure, than which, I am perswaded, no Gentleman can suffer. Now, I understand, the minds of men are more incensed against me, notwithstanding your Majesty hath declared, that in your Princely Opinion, I am not guilty of Treason, nor are you satisfied in your Conscience to Passe the Bill.

This bringeth me into a very great streight, there is before me the ruin of my Children and Family, hitherto untouched in all the branches of it, with any foul Crimes. Here is before me the many Ills, which may befal your Sacred Person, and the whole Kingdom, should your self, and the Parliament part lesse satis∣fied one with another, than is necessary for the preservation of King, and People. Here are before me the things most valued, most feared by mortal man, Life or Death.

To say, Sir, that there hath been no strife in me, were to make me lesse than God knoweth I am, and mine infirmities give me.

And to call a destruction upon my self and young Children (where the intentions of my heart have been innocent, at least, of this great offence) may be believed will find no easie content to flesh and bloud.

But with much sadnesse I am come to a resolution of that which I think best becomes me, to look upon that which is most princi∣pal in its self, which doubtless is the prosperity of your Sacred Person, and the Commonwealth, infinitely beyond any private mans interest.

And therefore in few words, as I put my self wholly upon the honor and justice of my Peers so clearly, as to beseech your Ma∣jesty might be pleased to have spared that Declaration of yours on Saturday last, and intirely to have left me to their Lordships: So now to set your Conscience at liberty, I do most humbly beseech you, for the preventing of such mischief as may hap∣pen by your refusal to Pass the Bill, by this means remove, I can∣not say [praised be God] this Accursed, but I confesse, this Un∣fortunate thing out of the way, towards that blessed Agree∣ment, which God, I trust, will establish for ever between you and your Subjects.

Sir, my Consent herein, shall more acquit you to God, than all the world can do besides. To a willing man, there is no injury done. And as by God's grace, I forgive all the world with all chearfulnesse imaginable, in the just acknowledgement of your exceeding Favours. And onely Beg that in your goodnesse, you would be pleased to cast your Gracious regard upon my poor Son, and his Sisters, lesse or more, and no otherwise than their unfortu∣nate Father, shall appear more or lesse guilty of his death. God long preserve your Majesty.—

Tower, May 4. 1640.

Your Majesties most humble and faithful subject and servant, STRAFFORD.

And then with much reluctancy [the King being overcome, ra∣ther than perswaded] Passed by Proxies, In hane formam.—

The Bill of Attainder against the Earl of Strafford extorted by a pre∣vailing Faction by force from the Parliament 16, and 17. CAR. 1. Repealed by a Free and Full-Parliament 13, and 14. CAR. 11.

WHereas the Knights,* 24.2 Citizens and Burgesses of the House a 24.3 of Commons in this present Parlament Assembled; have in the names of themselves, and allb 24.4 the Commons of England, Impeached Thomas Earl of Strafford of High-treason, for indeavouring to subvert the Ancient and Fundamental Laws and Government of his Majesties Realms of England and Ireland. And to Introduce a Tyrannical and Arbitrary Government, against Law, into those Kingdoms; and for exercising a Tyrannous, and Exorbitant Power, over and against the Laws of the said King∣doms, over the Liberties, Estates, and Lives of his Majesties Sub∣jects; and likewise, for having, by his own Authority, command∣ed the Laying and Assessing of Souldiers, upon his Majesties Sub∣jects in Ireland, against their Consent, to Compel them to obey his unlawful Commands and Orders, made upon Paper-Petitions, in Causes between Party and Party; which accordingly was execu∣ted upon divers of his Majesties Subjects in a warlike manner, within the said Realm of Ireland; and in so doing, did Levy War against the Kings Majesty, and his Leige People in that Kingdom. And also, for that he, after the unhappy Dissolution of the last Par∣liament, did slander the House of Commons to his Majesty; and did Counsel and Advise his Majesty, That he was loose, and absolved from Rules of Government, and that he had an Army in Ireland, &c. For which he deserves to undergo,c 24.5 pains and forfeiture of High-Treason. And the said Earl, hath been an Incendiary between Scotland and England: All which Offences have been suf∣ficiently proved against the said Earl, upon hisd 24.6 Impeachment.

Be it therefore Enacted, &c. that the said Earl of Strafford, for the heinous Crimes and Offences aforesaid, Stand, and be Ad∣judged, and Attainted of High-treason; And shall suffer such Pain of Death, and Incurr the forfeitures of his Goods, Chattels, Lands, Tenements, and Hereditaments, of any Estate, of Free∣hold or Inheritance, in the said Kingdomes of England and Ire∣land; which the said Earl, or any other to his use, or in trust for him, have or had the day of the first Sitting of this present Parlia∣ment, or at any time since. Provided that nothing be Declared Treason hereafter, but what might have been Declared for, had this Act never been Passing.—

Saving to all Persons, and Bodies Corporate, excepting the Earl; and all Rights, Titles, Interests, they did injoy the first day of this Parliament. Any thing herein Contained to the contrary notwith∣standing. Provided, That the Passing of this present Act, deter∣mine not this Session of Parliament, &c.

A Bill, 1. So false in the matter of it, grounded on the Evidence of Papists, [sworn enemies to the English Name and State] that wanted only the death of this great Instrument of Government, to commit those mischiefs they accused him of, the Faction Car∣ressing those very Rebels, to assist them in shedding my Lord of Strafford's bloud, that afterwards imbrued their hands in the bloud of so many innocent Protestants in Ireland. 2. So shameful in the manner of it, that as the Devil upbraids unhappy souls, with those very crimes they tempted and betrayed them to; so those very men, made use of it, to pollute the King's honour, that had even forced him to it; though the heaviest Censure was himself, Who never left bewailing his Compliance, or Connivance with this Murder, till the issue of his bloud dried up those of his tears. A Bill, which might well accompany the other Bill, about the Par∣liaments Sitting during pleasure; this passing away the King's Honour, and the other, his Prerogative.

Neither was the Bill sooner Passed, than his Execution was Or∣dered. The King's intercession, in a Letter sent by his own Son the Prince, for so much intermixture of mercy, with the publick Justice, as to permit the Earl, either to live out his sad life in a close Imprisonment; or, at least, that his soul, that found so much Injustice on earth, might have a Week, to prepare it's self for the mercy of Heaven. Rather quickening the bloudy mens Coun∣sels [who thought not themselves safe, as long as he was so, and whose fears and jealousies created, or entertained stories every minute of his escapea 24.7 or rescue] than mitigating them: And therefore the second day after [a great man must be surprized, se∣cured, as soon as accused; tried, as soon as secured; condemned, as soon as tried; and executed, as soon as condemned] the very day Sir Henry Vane the Younger, that contributed so much to this Murder, was Executed afterwards. After six months Imprison∣ment, and twenty one whole days Trial, wherein he answered the whole House of Commons, for six or seven hours each day, to the infinite satisfaction of all impartialb 24.8 Persons. He was brought, with a strong and solemn Guard, to the Scaffold on Tower-hill. (In his passage thither, he had a sight of the Arch-bishop of Canterbu∣ry, whose prayers and blessings, he, with low obeysance, begged, and the pious Prelate bestowed them with tears) having a little (Weeping bitterly before the King, when the Bill of Attainder Passed) be∣fore by Sir Dudley Carleton been informed, what the Parliament de∣manded of the King, and what the King had granted the Parlia∣ment. Information, that amazed him indeed at first, but at last, made him infinitely willing to leave this sad world; and there man∣aged the last Scene of his life, with the same gallantry, that he had done all the rest; looking death in the face, with the same pre∣sence of spirit, that he had done his enemies. Being accompanied, besides his own Relations and Servants, by the Primate of Armagh, who (however mis-represented in this matter) was much afflict∣ed, all along, for this incomparable person's hard measure; who, among other his vertues, owned so singular a love, to this Reverend

and Learned Person, that taking his leave of Ireland, the last time he was there, he begged his blessing on his Knees, and the last mi∣nute he was in the world, desired him to accompany him with his Prayers: Addressing his last Speech to him, Thus:

My Lord Primate of Ireland,

IT is my very great comfort,* 25.1 I have your Lordship by me this day, in regard I have been known these many years, and I do thank God, and your Lordship for it, that you are here; I should be very glad to obtain so much silence, as to be 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 sin, which is death; and by the blessing of that God, to rise again, through the merits of Jesus Christ, to righteousness and life eternal. [Here he was a little interrupted.]

My Lords, I am come hither, to submit to that judgment which hath Passed against me; I do it with a very quiet and contented mind. I thank God, I do freely forgive all the world, a forgive∣ness that is not spoken from the teeth outwards (as they say) but from the very heart: I speak in the presence of Almighty God, before whom I stand, that there is not a displeasing thought arising in me towards any man living. I thank God, I can say it, and true∣ly too, my Conscience bearing me witness, that in all my employ∣ment, since I had the honour to serve his Majesty, I never had any thing, in the purpose of my heart, but what tended to the joynt and individual prosperity of King and People; although it hath been my ill fortune to be misconstrued.

I am not the first that hath suffered in this kind: It is the com∣mon portion of us all, while we are in this life, to err; we are ve∣ry subject to be mis-judged one of another. There is one thing I desire to free my self of, and I am very confident (speaking it now with so much chearfulness) that I shall obtain your Christian cha∣rity in the belief of it. I was so far from being against Parliaments, that I did always think the Parliaments of England, were the most happy Constitutions, that any Kingdom or Nation lived under, and the best means under God to make the King and People happy.

For my Death here, I 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 dye for: And my Lord Primate, it is a great comfort to me, that his Majesty conceives me not meriting so severe and heavy a pu∣nishment, as is the utmost Execution of this Sentence, I do infi∣nitely rejoyce in this mercy of his, and I beseech God to return it into his own bosome, that he may find mercy, when he stands in most need of it.

I wish this Kingdom all the prosperity and happiness in the world; I did it living, and now dying it is my wish: I do most humbly recommend this to every one who hears me, and desire they would lay their hands upon their hearts, and consider seri∣ously,

whether the beginning of the Happiness and Reformation of a Kingdom, should be written in Letters of Bloud. Consider this when you are at your houses, and let me never be so unhap∣py, as that the last of my bloud, should rise up in judgment against any one of you: But, I fear, you are in a wrong way.

My Lords, I have but one word more, and with that I shall end. I profess, that I dye, a true and obedient Son to the Church of England, wherein I was born, and in which I was bred. Peace and prosperity be ever to it.

It hath been objected (if it were an objection worth the answer∣ing) that I have been inclined to Popery; but, I say, truly from my heart, that from the time I was one and twenty years of age, to this present, going now upon forty nine, I never had in my heart to doubt of this Religion of the Church of England; nor ever had any man the boldness to suggest any such thing to me, to the best of my remembrance. And so being reconciled by the merits of Jesus Christ my Saviour, into whose bosome, I hope, I shall shortly be gathered, to those eternal happinesses which shall never have an end: I desire heartily the forgiveness of every man, for any rash or unadvised words, or any thing done amiss. And so my Lords and Gentlemen, farewel, farewel all the things of this world.

I desire that you would be silent, and joyn with me in prayer, and I trust in God, we shall all meet and live eternally in heaven, there to receive the accomplishment of all happiness, where every tear shall be wiped away from our eyes, and every sad thought from our hearts. And so God bless this Kingdom, and Jesus have mercy upon my soul.

AN EPITAPH ON THE Earl of Strafford.

HEre lies wise and valiant Dust, Huddled up 'twixt Fit and Iust; Strafford, who was hurried hence, 'Twixt Treason and Convenience: He spent his time here in a mist, A Papist, yet a Calvinist, His Prince's nearest Ioy and Grief, He had, yet wanted all Relief: The Prop and Ruin of the State, The peoples violent Love and Hate.

One in extreames lov'd and abhorr'd, Riddles lye here; and in a word, Here lies Bloud, and let it lye Speechless still, and never cry.

Exu••ge cinis, tuumque, ••••us qui potis es, scribe Epitaphium, Nequit Wentworthi non esse facundus, vel cinis. Effare Marmor: & quem caepisti Comprehendere, Macte & Exprimere. Candidius meretur urna, quam quod rubris Notatum est litteris, Elogium. Atlas Regiminis Monarchichi hie jacet ••assus: Secunda Orbis Britannici Intelligentia: Rex Politiae, & Prorex Hiberniae; Straffordii & virtutum Comes: Mens Iovis, Mercurii ingenium & lingua Apollinis: Cui Anglia Hiberniam debuit, seipsum Hibernia: Sydus Aquilonicum; quo sub rubicunda vespera accidente, Nox simul & dies visa est: dextroque oculo flevit, Laevoque laetata est Anglia. Theatrum Honoris, itemque scena calamitosa virtutis Actoribus, morbo, morte, & invidia Quae ternis animosa Regnis, non vicit tamen, Sed oppressis. Sic inclinavit Heros (non minus) Caput Belluae (vel sic) multorum Capitum. Merces furoris Scotici praeter pecunias, Erubuit ut tetigit securis. Similem quippe nunquam degustavit sanguinem Monstrum narro, fuit tam infensus legibus, Ut prius legem quam nata foret, violavit. Hunc tamen non sustulit Lex, Verum necessitas, non habet Legem, Abi viator, caetera memorabunt posteri.

Notes

• a 1.1

  Being born (his Mother coming casual¦ly to London) in Chance•• Lane, in the Parish of St. Dunstans in the West, and Christned there, April 22. 1593.
• * 1.2

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Meditat. 2.
• * 1.3

  Dr. R. P. Life of King Charles l.
• * 1.4

  H. Lin Ki••g Charles ••
• a 1.5

  Injuriae sprelae ex∣olescunt.
• b 1.6

  Ha∣ving a de∣sign upon Spain, as Spain had upon them.
• c 1.7

  In which Tryal he was one of the Iudges.
• a 1.8

  〈…〉〈…〉
• * 1.9

  The Earl is made L. L. of Ireland, 1633
• * 1.10

  His C••unsels ••o the King ••bou•• the Scotish, and English tu∣mults.
• * 1.11

  Lysunach•••• N••cano••s u••••ying of the Knot.
• a 1.12

  By the Londoners.
• b 1.13

  By Bar∣barino's meanes Pro∣tector of the English.
• * 1.14

  See the Let∣ter between them in our Chronicles.
• * 1.15

  See the sho•• Notes of the Lord Lieute∣nant, Lord Archbishop, Co••ting, &c. in Hist. King Charls l. pag. 310. Sanders
• * 1.16

  The Earls ••ank Advice about a Par∣liament.
• * 1.17

  And there∣fore the Scots accuse him for pref••rring Bp. Bramhal, Bp. Chappel.
• * 2.1

  For which his Commission was dated the 21 M••••••••h, 163••.
• * 22.1

  Sir Harry V••n••'s Notes against the Earl of Straf∣ford, that ruined him.
• * 22.2

  The Earls full and notable Answer to those Notes••
• * 23.1

  The Earles gallant come off.
• * 23.2

  See Dr. P. life K. Ch. I. p. 23.
• * 23.3

  What shifts they were forced to make to get his head.
• * 23.4

  The Bishops that were sent for were Dr. Usher A. B. of Armagh, Dr. Juxon Bishop of London, Dr. Morton Bi∣shop of Dur∣ham, Dr. Poller Bishop of Carlisle, Dr. Williams Bishop of Lin∣coln, who told the King that he need not scruple shew∣ing mercy.
• * 23.5

  Some cunning persons suggest be sent to the King, scorning to owe his life after so much service to a bare promise.
• * 24.1

  The Earl of Straffords remarkable Letter to the King.
• * 24.2

  The notorious Bill of At∣tainder against the Earl of Strafford, How true, you may see in the ••yal.
• a 24.3

  The Sedi∣tious Party there.
• b 24.4

  Not a tenth part, all sober men being a∣fraid and a∣shamed of it. Where there is none of this proved, yea, what they insisted upon, was proved but by one Witness, Sir H•• V. and him 〈◊〉〈◊〉 by 4 honourable Lords, that were present with Sir H. V. when the words he de∣posed should be spoken.
• c 24.5

  None of the things Al∣ledged against him, being Treasons in parti∣cular, the whole could not amount to Treason.
• d 24.6

  If that had been, there had been no need of this Bill.
• a 24.7

  As that Captain ••llingsley should come with an 10••. men and •• the ••retence of a Guard to the Tower, to Rescut the Earl. That the 〈◊〉〈◊〉 B other should w•••• ••elow the ••ower to that purpose. That Balsores Son should have 20000l with he Ear'••s Daugh••er, &c
• b 24.8

  The very L••aies took Notes.
• * 25.1

  The Earl of Strafford's Speech on the Scaffold.