The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.

THE TRYAL OF T. Earl of Strafford.

The First day.

Monday, March 22. 1640.

THe Lords being set in a place prepared in Westminster-hall, pur∣posely for the Arraignment of Thomas Earl of Strafford, upon a charge of High Treason laid upon him by the Commons House of Parliament, in the Name of themselves, and of all the Com∣mons of England. And the House of Commons being there likewise, seated as a Committee; and those who were to manage the Evidence on be∣half of the House of Commons, being Members of that House, standing at the Barr, The Prisoner was called for; And being brought by Sir William Balfour, Lieutenant of the Tower, after Obeisances given, he came to the Barr and kneeled; and after standing up, The Right Honourable * 1.1 Thomas Earl of Arundel and Surrey, Lord High Steward of England, spake to him as follows.

Your Lordship is called here this day before the Lords in Parliament, to * 1.2 Answer to, and to be Tryed upon, the Impeachment presented to them by the Commons House of Parliament, in the Name of themselves, and all the Commons of England: And that their Lordships are resolved to hear both the Accusation and Defence, with all Equity. And therefore think fit in the first place, That your Lordship should hear the Impeachment of High Treason read.

The Impeachment was accordingly read by the Clerk of the Parliament.

A little after the entrance into it, a Chair was brought to the Prisoner by the Gentleman Usher, and the Prisoner sate down thereon by their Lordships direction.

After the Charge was read, the Earl of Straffords Answer was likewise read. And no more of proceedings that day.

Only the Lord Steward said further to the Prisoner, That his Lordship * 1.3 had heard the whole Impeachment of the House of Commons read; And his own Answer: on which he hath put himself for Trial. That which is now to follow, their Lordships have commanded him to say, is the managing of the Evidence by those the House of Commons shall please to appoint, for the proving of this Charge.

But likewise they have Commanded him to say, That the time being so far spent, it may not be so proper now to proceed further in the business; That this shall be sate upon only once a day, which will be fittest both for their Lordships, and for the House of Commons: And that they conceive it will agree with the sense of the House of Commons, not to fall into the particular management of the Evidence so late, but to defer it till the mor∣row, at the hour of nine of the Clock.

My Lord of Strafford did then desire to know, whether he might with * 1.4 their Lordships good leave and favour, say any thing at that time or no.

The Lord High Steward answered, that their Lordships Commandment is, * 1.5 to let his Lordship know, That if the House of Commons proceed not by their Members to manage the Evidence this day, then what his Lordship hath to say to this House, may be put off to another time.

And so their Lordships Adjourned to the House above, (by which is meant the House where the Lords use to sit in Parliament) and appointed the next morning to proceed in this business.

The Second day.

Tuesday, March 23. 1640

THeir Lordships being set, the Lord Steward recited in brief the pro∣ceedings of the day before, adding, that naturally and properly, it * 1.6 belongs (in the next place) for those whom the House of Commons have deputed to manage their Evidence, in pursuance of the Articles of Impeach∣ment, to begin the work of the day.

Then Mr. Pym, one of the Committee appointed for the manage∣ment of the Evidence, began as followeth.

My Lords,

We stand here by the Commandment of the Knights, Citizens and Bur∣gesses, * 1.7 now assembled for the Commons in Parliament. And we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name, and in the Name of all the Commons of England, with High Treason.

This, My Lords, is a Great Cause, and we might sink under the weight of it, and be astonished with the Lustre of this Noble Assembly, if there

were not in the Cause strength and vigour to support it self, and to encou∣rage us; It is the Cause of the King, it concerns His Majesty in the Ho∣nour of His Government, in the Safety of His Person, in the Stability of His Crown.

It is the Cause of the Kingdom, It concerns not only the Peace and Prosperity, but even the Being of the Kingdom. We have that piercing Eloquence, the Cries and Groans, and Tears, and Prayers of all the Sub∣jects assisting us. We have the three Kingdoms, England, and Scotland, and Ireland, in Travail and Agitation with us, bowing themselves, like the Hindes spoken of in Iob, to cast out their Sorrows.

Truth and Goodness (My Lords) they are the Beauty of the Soul, they are the Perfection of all created Natures, they are the Image and Character of God upon the Creatures.

This Beauty, Evil Spirits, and Evil Men, have lost; but yet there are none so wicked, but they desire to march under the shew and shadow of it, though they hate the reality of it.

This unhappy Earl, now the Object of your Lordships Justice, hath ta∣ken as much care, hath used as much cunning to set a face and counte∣nance of Honesty and Justice upon his Actions, as he hath been negligent to observe the rules of Honesty in the Performance of all these Actions. My Lords, it is the greatest baseness of wickedness, that it dares not look in his own Colours, nor be seen in its natural Countenance. But Virtue, as it is amiable in all respects, so the least is not this. That it puts a Noble∣ness, it puts a Bravery upon the Mind, and lifts it above Hopes and Fears, above Favour and Displeasure; it makes it always uniform and constant to it self.

The Service Commanded me and my Colleagues here, is to take off those Vizards of Truth and Uprightness, which hath been sought to be put upon this Cause, and to shew you his Actions and his Intentions, in their own natural Blackness and Deformity.

My Lords, He hath put on a Vizard of Truth in these words, (wherein he says) That he should be in his Defence more careful to observe Truth, than to gain Advantage to himself. He says, he would endure any thing rather than be saved by Falshoood.

It was a noble and brave Expression if it were really true.

My Lords, He hath likewise put on the Vizard of Goodness on his Actions, when he desires to recite his Services in a great many particulars, as if they were Beneficial to the Common-wealth and State, whereas we shall prove them Mischievous and Dangerous.

It is left upon me, My Lords, to take off these Vizards and Appearances of Truth and Goodness, in that part of his Answer which is the Preamble. And that I shall do with as much Faithfulness and Brevity as I can.

1. The First thing (My Lords) that I shall observe in the Preamble is this, That having recited all those great and honourable Offices which he hath done under His Majesty, he is bold to affirm, That he hath been care∣ful and faithful in the Execution of them all.

My Lords, If he might be his own Witness, and his own Judge, I doubt not but he would be Acquitted.

It is said in the Proverbs of the Adulterous Woman, That she wipes her mouth, and says, she had done no Evil. Here is a wiping of the mouth, here is a verbal expression of Honesty. But (My Lords) the foulness and unjustness will never be wiped off, neither from his Heart, nor from his

Actions; I mean for the time past, God may change him for the time to come: That is the first thing I observe.

2. My Lords, In the second place, out of his Apologetical Preamble, I shall observe this, He doth magnifie his own Endeavours in five particulars: 1. That he hath Endeavoured the maintenance of Religion. (I may miss in words, I shall not miss in sense.) 2. That he hath Endeavoured the Honour of the King. 3. The Encrease of His Revenue. 4. The Peace and Honour, and Safety of the Kingdom. 5. The Quiet and Peace of the People. These are his five particulars; and I shall give a short Answer to every one of them.

1. For Religion, (My Lords) we say, and we shall prove, that he hath been diligent indeed to favour Innovations, to favour Superstitions, to fa∣vour the Incroachments and Usurpations of the Clergy: But for Religi∣on it never received any advantage by him, nay, a great deal of hurt.

2. For the Honour of the King: (My Lords) We say it is the Honour of the King that He is the Father of His People, that He is the Fountain of Justice; and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression.

3. For the Increase of His Revenue: It is true, there may be some Ad∣dition of Sums; but we say, There is no Addition of Strength nor Wealth, because in those parts where it hath been increased, this Earl hath taken the greatest share himself: And when he hath spoiled and ravined on the People, he hath been content to yield up some part to the King, that he might with more security enjoy the rest.

4. For the Strength and Honour, and Safety of the Kingdom: (My Lords) In a time of Peace he hath let in upon us the Calamities of War, Weakness, Shame and Confusion.

5. And for the Quiet of the Subjects, He hath been an Incendiary, he hath Armed us amongst our selves, and made us weak and naked to all the World besides. This is that I shall answer to the second Head of his Apology.

3. The Third is this, (My Lords) That by his means many good and wholesome Laws have been made since his Government in Ireland.

Truly, (My Lords) if we should consider the particulars of these Laws, some of them will not be found without great Exception. But I shall make another Answer, good Laws, nay, the best Laws are no advantage when Will is set above Law, when the Laws have force to bind and restrain the Subject, but no force to Relieve and Comfort him.

4. He says in the Fourth place, He was a means of calling a Parliament not long after he came to his Government. My Lords, Parliaments with∣out Parliamentary Liberties, are but a fair and plausible way into Bondage; That Parliament had not the Liberties of a Parliament; Sir Pierce Crosby for speaking against a Bill in the Commons House, was sequestred from the Council-Table, and Committed to Prison.

Sir Iohn Clotworthy, for the same Cause, was threatned that he should lose a Lease that he had. Mr. Barnewell, and two other Gentlemen, were threatned they should have Troops of Horse put upon them for speaking in the House. Proxies by dozens, were given by some of his Favourites: And (My Lords) Parliaments coming in with these Circumstances, they be Grievances, Mischiefs, and Miseries; no works of Thanks or Honour.

5. The Fifth is, That he hath been a means to put off Monopolies, and other Projects that would have been Grievous and Burdensome to the Sub∣ject; if he had hated the Injustice of a Monopoly, or the Mischief of a Monopoly, he would have hated it in himself; he himself would have been no Monopolist. Certainly, My Lords, It was not the love of Justice, nor the Common good, that moved him: And if he were moved by any thing else, he had his Reward. It may be it was because he would have no man gripe them in the Kingdom but himself; his own Harvest-crop would have been less, if he had had sharers. It may be it was because Mo∣nopolies hinder Trade, he had the Customs, and the benefit of the Customs would have been less; when we know the particulars, we shall make a fit and proper Answer to them: But in the mean time, we are sure whatsoever was the reason, it was not Justice, nor love of Truth, that was the reason.

6. He saith in the sixth place, He had no other Commission but what his Predecessors had: And that he hath Executed that Commission with all Moderation. For the Commission, it was no Virtue of his if it were a good Commission, I shall say nothing of that. But for the second part, his Moderation; when you find so many Imprisoned of the Nobility; so many men, some adjudged to Death, some Executed without Law; when you find so many publick Rapines on the State, Soldiers sent to make good his Decrees; so many whippings in defence of Monopolies; so many Gen∣tlemen that were Jurors, because they would not apply themselves to give Verdicts on his side, to be fined in the Star-Chamber.

Men of Quality to be disgraced, set on the Pillory, and wearing Pa∣pers, and such things, (as it will appear through our Evidence) can you think there was any Moderation. And yet truly, (My Lords) I can be∣lieve, That if you compare his Courses with other parts of the World ungoverned, he will be found beyond all in Tyranny and Harshness; but if you compare them with his mind and disposition, perhaps there was Moderation; Habits we say, are more perfect than Acts, because they be nearest the principle of Actions. The Habit of Cruelty in himself (no doubt) is more perfect than any Act of Cruelty he hath Committed; but if this be his Moderation, I think all men will pray to be delivered from it: And I may truly say that is verified in him, The Mercies of the Wicked are Cruel.

7. I come to the seventh, and that is concerning the Kings Revenue: That he hath improved it from 57000 l. to 120000 l. and that he hath done it by Honourable and Just ways. That he hath made the Kingdom able to Support it self. That he hath improved the Kings Revenue by many rich and great Purchases. That he hath saved the Charge of the Navy, by bearing 7000 l. a year in Ireland, which was born here before. And then he says for a Conclusion, That he never took Money out of the Kings Exchequer. My Lords, I must run over all these.

For the Enlargement or Increase of the Revenue of that Kingdom, I think there is a little fault in his Arithmetick, but I will not charge him with that now.

But for his Honourable ways of Increasing it; if Monopolies, if Vexa∣tion of the Subject, be Honourable ways, we shall leave that to your Lordships to judge. But most of his increases are made upon Monopolies. It is true, there is another way of bargaining, but it hath been mixed

with Rigour and Rapine, and Injustice. Men have been driven out of their Estates; Offices have been found by force. Men have been driven to resign their Estates: And is this a Just way of improving a Kings Re∣venue? that I shall submit to your Lordships.

Then he says, He hath made the Kingdom able to Support it self: My Lords, He that hath no Harvest of his own, must Glean after another mans Reapers. Truly, this was none of his work: The Kingdom was able to subsist of it self before he came thither. For that we shall Appeal to the Records of the Exchequer, betwixt the year 1622. and the time of his Government, which was nine years at least, during which, nothing went out of this Kingdom to the support of that Island. The 7000 l. for the Navy, was born in Ireland before his time a year or two; so he comes near the truth of that, yet misses a year of the truth.

But if it were true; hath it been only by the ordinary Revenue that it hath supported it self? He hath had six Subsidies; a year, or two of Contribution, which the Irish gave towards the supporting of the Charge of Ireland. It was not his Husbanding, nor his managing of the Revenue; And truly if the Kingdom were able to support it self, (as it was before he came thither) by the Revenue of the Kingdom, and by the help of that Contribution, it would be very fit, (since there may be many In∣creases since) to know what is become of 300000 l. for six Subsidies, and of the Contribution money; and indeed there is a great suspicion, that that went another way But that you may the better observe his Hus∣bandry, I shall speak of his last years Accompt; the 20th of March, (now something more than a year since) the Under-Treasurer delivered an Ac∣count, on which there was 101000 l. remaining in the Kings Coffers. Since that time there hath been received 112000 l. for the King. (I speak of round Sums, (My Lords) I leave out pounds and pence, and such things: This is 213000 l. He hath received out of the Exchequer in England 50000 l. There are Debts in Ireland, 60000 l. and what other Debts we know not: Here is above 320000 l. consumed in a year; which is almost as much as Queen Elizabeth consumed in any year when Tyrone was in Rebellion, and an Army of Spaniards was there.

My Lords, He saith he never took Money out of the Exchequer; if he rests in that Affirmation, it will be very near truth, yet serves but to shadow a falshood, which is worse, to cover and to glaze, under such a Colour of Truth as that is, a notable Falshood.

My Lords, It is true, he hath taken no Money out of the Exchequer; but he could be content to take from the Under-Treasurer of the Exche∣quer, 24000 l. about two years since, and to keep it for his own occasions; when the Kings Army was in want: And he paid it in but lately.

And before I pass from this matter of the Revenue, give me leave to speak something of the increase that comes in by the Customs.

It is true, there is a great increase; but if your Lordships look to the beginning of that bargain, you shall find the notablest cozenage that ever was offered to a Prince, in one that was a sworn Servant, and intrusted with so great a Charge.

It will be more fully opened in the Article that concerns the Customs; but I shall speak of it a little: He made a bargain, and under pretence of getting of 1350 l. gain to the King, he gave cause of Allowances and De∣falcations; whereby he took forth of the Kings Purse 6000 l. a year, or very near, which the King had before. He laid new Additions of charge on the Customs, which came to 12000 l. So that on a bargain of

giving 1350 l. more than was reserved on the former Lease, He was sure, that when he made the bargain, of gaining 18 or 20000 l.

8. But I shall pass from the Revenue of the Crown, to the Revenue of the Church, (which is in the 8th place) He saith he hath been a great Husband for the Church, and truly hath brought in many Lands to the Church; but he hath brought them in by ways without Law, without Rules of Justice: He hath taken away mens Inheritances. And here (My Lords) is an offering of Rapine, an offering of Injustice and Vio∣lence: And will God accept such an Offering. Must the Revenues of the Church be raised that way. It is true, it was the more in the way of his own Preferment. He knew who sat at the Helme here, the Archbishop of Canterbury; and such services might win more credit with him. It was not an Eye to God and Religion; but an Eye to his own Preferment. I shall speak no more of that.

9. I come to the 9th head; and that is the building of Churches. Many Churches have been built since his Government. Truly, My Lords, why he should have any Credit or Honour, if other men builded Churches, I know not: I am sure we hear of no Churches he hath built himself: If he would have been careful to have set up good Preachers, that would have stirred up Devotion in men, and made them desirous of the knowledge of God, and by that means made more Churches, it had been something; But I hear nothing of Spiritual Edification, nothing of the knowledge of God that by his means hath been dispersed in that Kingdom. And cer∣tainly they that strive not to build up mens Souls in a Spiritual way of Edi∣fication, let them build all the material Churches that can be, they will do no good; God is not worshipped with Walls, but he is worshipped with Hearts.

10. He saith in the 10th place, That many Orthodox and Learned Preachers have been advanced by his means; and the Doctrine and Disci∣pline of the Church of England, by his means Protected and Defended. My Lords, I shall give but two or three Paterns of the Clergy that he hath preferred. If you will take Doctor Atherton, he is not to be found now above Ground; for he was hanged for many foul and unspeakable Offences.

Doctor Bramhill hath been preferred to a great Bishoprick; but he is a man that now stands charged with High Treason: he hath been but few years in Ireland, and yet hath laid out at least 30000 l. in Purchases. I shall name but one Chaplain more, and that is one Arthur Gwyn, who about 1634. was an Under-Groom to the Earl of Corke in his Stable: In the year after, Dr. Bramhill preferred him to be a Clergy-man; and a Par∣sonage, and two Vicaridges Impropriate, were taken from my Lord of Corke, and given to this Arthur Gwyn. I shall add no more Patterns of his Clergy.

11. I go to the 11th, and that is concerning the Army: He hath many glorious Expressions of his Service concerning the Army; That they are 1000 Horse and 2000 Foot: And that there hath been very few Papists Soldiers or Officers; and none preferred by himself. Truly, I think he says true, or within one of true in this; for there was but one preferred by himself, and therefore I shall not stand upon that.

But he says this Army was paid out of the Revenue of the Crown, which heretofore it was not wont to be. To that I have spoken before, and shewed, that many years before his time all the Charges of Ireland were born within Ireland.

He says, (and I speak that as to the Army too) That neither the Arms nor Wages have been burdensome to the people of Ireland; but their Lodgings and Billettings have not been easie, and not without discontent, Why (My Lords) in Dublin it self, where they have a Charter that exempts them from Billetting of Soldiers, they have been faign to pay for Billetting of Soldiers. Nay, those Soldiers that were Servants and Dwellers in his own houses, and other places, must have their Billetting moneys. And of this there hath been Petitions and Complaints; nay, it hath been spoken of in Parliament there; and yet he can tell you, that the marching and laying of Soldiers is without burthen and grievance to the People: that was the Eleventh.

12. I go to the 12th, and that is the great increase of Trade: The in∣crease of Shipping 100 to one. Truly (My Lords) in a time of Peace, and in a growing Kingdom as that was, being formerly unhusbanded, It is no wonder, that when Land increases in the Manurance, and People increase in Number, both Shipping and Trade increases. But it is the advantage of the time, not the advantage of his Government; for (My Lords) his Government hath been destructive to Trade: And that will manifestly ap∣pear by the multitude of Monopolies that he hath exercised in his own person. And that is all I shall speak to the 12th.

13. The 13th is, That Justice hath been administred without bribery, without partiality, without Corruption; these are Glorious things. But there will as much fall upon him of Corruption and Injustice, as of any other Offence; And that (My Lords) will appear to you through the whole course of our Evidence: I shall not now speak of the particulars. And that we may not content our selves with particular witnesses only, I shall humbly desire, That the Remonstrance of the Parliament of Ireland, both of the Lords and of the Commons, may be read: And they will give a sufficient Testimony of the quality of his Justice.

14. The 14th (My Lords) is this, That he hath been a Means to His Majesty for a Parliament in England. It is true he was: And it is as true, that we count that as mischievous a part of his design, as any thing else. Into what a miserable Dilemma (My Lords) did he bring the Kingdom, that we must surrender the Liberties of the Kingdom in Parliament, or see them oppressed with Force and Violence out of Parliament. The parti∣culars of this I shall leave for the instant; for there is an Article that con∣cerns this.

I have now passed through all the material parts of the Apologetical Preamble.

He concludes with a desire, That he may not be charged with Errors of his understanding or Judgment, being not bred up in the Law, or with weakness, to which humane Nature is subject. Truly, it would be far from us to charge him with any such mistakes; No (My Lords) we shall charge him with nothing but what the Law in every mans breast condemns, the Light of nature, the Light of common reason, the Rules

of common Society: And that will appear in all the Articles which my Colleagues will offer to you.

My Lords, I have some few Witnesses which I shall desire may be heard to the points I have opened; and I shall in the first place desire, that Sir Pierce Crosby may be heard concerning the breach of Priviledge in Parlia∣ment: Also Sir Iohn Clotworthy, Nich. Barnewell, Nich. Plunket, and Sir Iames Montgomery. I have some Witnesses to the point of Revenue, Sir Robert Pye, Sir Edward Warder, and Sir Adam Loftus.

Gentlemen, You who are of the Committee, I am commanded to let * 1.8 you know, That the Lords will allow you all the Testimonies you can produce to make good the Impeachment; but the Witnesses which you do produce, must be deposed before their Lordships.

Mr. Pym replied, My Lords, the Commons agree to it; and in the first * 1.9 place we shall call Sir Pierce Crosby, who was sworn accordingly.

My Lords, I humbly crave leave whether I may not make my exception * 1.10 to any Witness.

Yes, you may. * 1.11

We desire to be heard upon that point of Exception, That if my Lord * 1.12 of Strafford will make any Exception why a Witness should not be heard at all, it may be according to the Rules of Justice.

The Lord High Steward declaring, the Prisoner might except against the * 1.13 person of the Witness, if he have just Cause, my Lord of Strafford pro∣ceeded in substance as followeth:

My Lords, I humbly conceive, that I have against this Gentleman Sir Pierce Crosby, just occasion of Exception, (as not being a competent Wit∣ness) * 1.14 for that the said Sir Pierce hath been sentenced in the Star-Chamber, for a very undue practise against me, tending to no less than the taking away of my Life, charging me, (and practising to prove it by Testimony of witness) that I had killed a man in Ireland, whom I protest, I did ne∣ver so much as touch.

That ever since (the said Sir Pierce having broke Prison, and made an Escape out of the Fleet) he hath remained abroad, and never came hither till such time as the Parliament sate here; and now is returned to make Complaint in this business against me, or indeed against the Court of Star-Chamber rather: And standing thus, whether the said Sir Pierce shall be allowed a Witness against me, I humbly refer it to Your Lordships Judgments.

My Lords, We expected my Lord of Strafford would have shown on * 1.15 what reason Sir Pierce was censured; for a man Criminous in one kind, may be nevertheless fit to give Testimony in another kind. If it be a par∣ticular practice against my Lord of Strafford, when their Lordships have heard what that practice was, and have heard likewise the Witness, they will believe him according to the weight of the Testimony, compared with the fault, or whatsoever else is in the Sentence. But in the mean time, they conceive it is no Exception, but that the Witness should be

heard, This that is charged on my Lord of Strafford, being a Crime of High Treason, it concerns the Common-wealth, the King being party, and not the Witness that is produced.

And whereas it is informed that Sir Pierce Crosby brake Prison: The Gentleman tells us it is not so; he paid the Kings Fine, and so was dis∣charged. But though he had, it will not take away his Testimony when he is present; which he said, he spake only to give satisfaction to that aspersion.

I must desire their Lordships directions, whether Sir Pierce Crosby be * 1.16 allowed, notwithstanding my Lord of Straffords exceptions against him, and Mr. Maynards allegations why his Testimony should be given in this case, or no: And divers of their Lordships called to have the House Ad∣journed to the House above, that they might there debate and deter∣mine it.

Mr. Pym did thereupon offer, that they will at present lay him aside till * 1.17 their Lordships have had opportunity to consider, and bring him again to morrow; whereunto Mr. Maynard added this further: We desire * 1.18 rightly to express our selves to Your Lordships, We will lay him aside till Your Lordships have heard others, not that they wave him wholly: And we pray it may be so entred, The Lord Steward declaring it so to be.

It is so understood. * 1.19

In the next place, we desire that Sir Iohn Clotworthy may be called, whom we produce to this point, That during the Parliament in Ireland, * 1.20 for speaking against a Bill in the Commons House, he was threatned by Sir George Ratcliffe, (whom we take to be bound up in one Cause with my Lord of Strafford, and to be moved by my Lord of Straffords spirit) and that Parliaments are not Priviledges, when Parliament Liberties are not observed.

Sir Iohn Clotworthy was sworn:

My Lords, We desire he may be asked, whether for having delivered * 1.21 his Opinion against a Bill preferred to the Parliament in Ireland by the Earl of Strafford, about the 10th year of this King, he was not asked by * 1.22 Sir George Ratcliffe, concerning a Lease that he had; the question intima∣ting a Threat, that he should suffer for speaking so freely?

To which he answered, My Lords, In the 10th year of the King, I * 1.23 serving in Ireland in Parliament, did Vote against a Bill; as soon as I had Voted against it, Sir George Ratcliffe, being one of the Tellers, on his counting the numbers, how many Yea's, and how many No's, He came to me, and said thus, Have not you a Lease in such a place? I told him yea; remember that, saith he: This is all I can remember. And this (he added) was in the Commons House.

2. He being interrogated whether he knew any thing of Sir Pierce Crosbies Commitment, or no?

He answered, I know it only by hear-say, he was a Member of the House when I had the Honour to serve; I heard the expression of Sir George Ratcliffe at that time: And the common voice was, that he was under re∣straint; but I saw him not.

Being asked whether there was any other occasion of these words but his said Vote:

He answered, Truly (My Lords) I can apprehend none.

4. Being asked whether he heard Sir George Ratcliffe threaten Sir Pierce Crosby in Parliament:

He answered, I heard Sir Pierce Crosby speaking against a Bill in Parlia∣ment; and as soon as he had sate down from speaking against the Bill, Sir George Ratcliffe said to him, That is not Privy-Councellor like, or to that purpose, I heard him.

To the point of Sir Pierce Crosbies being sequestred from the Coun∣cil upon his speaking in Parliament.

The Lord Ranulagh being sworn, was interrogated whether about the * 1.24 10th year of the King, he knew Exception to be taken against Sir Pierce Crosby, for delivering his Opinion in Parliament; and what proceedings were against him thereupon:

He answered, (My Lords) to the best of my remembrance, Sir Pierce Crosby being a Privy-Councellor in Ireland, was charged at the Council-Board for Voting against a Bill that was transmitted by the Lord Deputy and Council; and hereupon the Opinion of the Board was asked; and by the advice of that Board Sir Pierce Crosby was sequestred from the Council. This is as much as I can remember.

2. Being asked by whom he was sequestred: He answered, By the Deputy and the Council.

3. Being asked who began the Question: He answered, My Lord Deputy charged him.

My Lords, I humbly desire that my Lord Ranulagh may be asked, whe∣ther * 1.25 when things are handled at the Council-Table, the Deputy be not the man that propounds them to the Council or no; not as a party complain∣ing, but as belonging to the duty of his place: And how he behaved him∣self in that business.

To which the Lord Ranulagh being interrogated,

Answered, It is the constant course for the Deputy to propose the * 1.26 things that be brought to the Board; and seldom doth any of the Council propound any thing; but the Proposition comes from the Deputy.

But being further asked on the Committees motion, whether this of Sir Pierce Crosbies came to the Board by motion of my Lord alone, or that any other moved him in it, or conveyed it to him:

He answered, I cannot charge my memory where it had beginning; but as I remember, My Lord Deputy Wandesford that died last, and Mr. Wands∣ford, and Sir George Ratcliffe, were movers of it; but whether it moved originally from them, or from my Lord himself, I know not, I rather be∣lieve it proceeded from my Lord Deputy, as being proper for him.

The Lord Mountnorris sworn and interrogated, whether he was present * 1.27 at Council-Table when Sir Pierce Crosby was sequestred from Council-Table; and for what Reasons he was sequestred:

He answers, I was then present at Board, and he was removed on Com∣plaint made by Sir George Ratcliffe at the Board, touching his Voting of a

Bill in Parliament: And when he said it was not spoken like a Councellor, he said, he would answer it to him that made him a Councellor. That was the effect, as I can remember, of his Accusation; and there were se∣veral others that testified the same words that Sir George Ratcliffe accused him of, and that was the reason he was sequestred by most Voices at Coun∣cil-Table, though he had many Votes with him.

And being further asked, what my Lord of Straffords Vote was:

He answered, It was for his Sequestration.

Mr. Nicholas Barnewell sworn; Being asked, whether for his delivering his Opinion in Parliament, Sir George Ratcliffe did ask whether the said * 1.28 Mr. Barnewell's house was capacious to receive 500 men, to be laid upon him; intimating thereby, that he must look for Soldiers to be laid upon him for that reason:

He answered, There was a Debate in the House concerning certain Boroughs sequestred from the House by reason of a Judgment in the Ex∣chequer, which the House conceived an Erronious Judgment, and were of Opinion that the old Boroughs should be called in; I was of that Opinion, Sir George Ratcliffe was of another Opinion; and would have another question debated: And coming out of the House, he asked me, Will not your House hold Five hundred men? I answered, you know what my house will hold as well as my self; and I smiling at it, he an∣swered, But it is no laughing matter, you shall have 500 men laid on you.

I desire it may be asked, when this was spoken: * 1.29

He answered, It was in November last; and that my Lord of Strafford was not then in the Kingdom.

Mr. Pym observed, That the Spirit of my Lord of Strafford could move in Sir George Ratcliffe, wheresoever it was spoken; And Mr. Barnewell ad∣ded, * 1.30 it was done in November then last.

In the next place, We shall shew the untruth of that part of my Lord of Straffords Preamble, that says, The Soldiers in Ireland are disposed with so much contentment to the People, that they are no burden to them.

Mr. Egor was called for a Witness, and Sworn. * 1.31

Being interrogated whether he knew of any Soldiers Billetted in Dublin? whether they were not a Grievance? whether that City hath not a special Charter of Exemption?

He answered, May it please Your Lordships, the City of Dublin doth bear the Charge of 40 Horse, and pays to them 45 l. a month for Billet∣ting; which is conceived they should not bear, in regard they have a Charter that says, Nullus Mareschallus Capiat hospitium intra Civitatem; and therefore they conceive it a heavy burden, and it is as much as a Subsidy: And another part of the City standing in another County, pays 10 l. a month; so they pay in all 55 l. a month.

I humbly desire he may be asked, whether before my Lord of Straffords time, and as long as he can remember, The Lord-Deputies Foot-guard, and * 1.32 Horse-Companies, were not Billetted in Dublin?

He answered, To the Foot-guard, when my Lord of Faulkland was there, they gave Lodging continually; but it was never drawn to matter

of money: And till now we had never Horse upon us, except it were for a month, or so.

In the next place, We humbly desire the Remonstrance of the Nobility, * 1.33 and the House of Commons in Ireland, might be read as Testimonies of my Lord of Straffords Justice.

I desire to know whether questions are to be asked of matters not con∣tained * 1.34 in the Charge, as the Remonstrance is not.

My Lords, The Subverting of the Laws, and Corruption in Govern∣ment * 1.35 and Justice, is generally laid in the Charge; and he hath answered, that he hath administred Justice with Integrity: And this we produce to shew, That the frontespiece of his Answer, is in that part untrue.

To prove the Truth of the Copy of the Lords Remonstrance now produced, the Lord Digby of Ireland was Sworn; and he on his Oath said, That the Copy was delivered him at his coming over, by the Clerk of the Lords House in Ireland, to be brought over hither by Order of the Lords there.

And the Lord Baltinglasse Deposed, That he knew it to be the Clerks hand; and they were both present at the Voting of it.

The same was read, bearing date February 22. 1640. The Protestation * 1.36 and Declaration of the Lords Spiritual and Temporal in Parliament Assem∣bled; We desire to apply it to disprove part of the Preamble of my Lord of Straffords Answer.

I desire my Lord Digby may be asked whether he gave his Vote to this * 1.37 Protestation;

We produce it not as the Act of any particular man, but of the * 1.38 Lords.

Your Lordships may observe, that this is fallen out since my Impeach∣ment of High Treason here: And that it is followed by Faction and Corre∣spondence, * 1.39 as in time might be made appear, if I could undertake it; and a strong Conspiracy against me.

My Lords, These words are not to be suffered; Charging the House of * 1.40 Commons with Faction, Correspondency, and Conspiracy, We desire Your Lordships Justice in this.

God forbid I should think there was, or could be any thing in that * 1.41 House, or any Member of it, but that which agrees with Truth and Ju∣stice, and Equity. I must profess to Your Lordships, I had no Reflection or Intention, either upon the Lords House there, or upon the Honourable House of Commons here; but upon certain Persons that are not Members of the House here, that have Correspondency with them in Ireland, that are not Members of the House there.

We must consult with the House of Commons concerning the prosecu∣tion * 1.42 of this Exception to his words; and in the mean time we will reserve it to our selves; and so we shall proceed.

We desire the Remonstrance made by the House of Commons in Ireland, (being deposed unto by Patrick Gough, That about February 25. it was delivered him, sealed up in a box, with other things, before his face; being called on by the House to be brought to the Committee for Irish affairs in England) may be read.

Which Remonstrance was read accordingly. * 1.43

Your Lordships may observe, That my Lord of Straffords glorious De∣claration * 1.44 of his own Merits, was confuted by the whole Parliament; and that the whole sum of the Charge, is confirmed by the Testimony of all Ireland.

To the point of Revenue of Ireland; for the contradicting of my Lord of Straffords Affirmation, That Ireland supporteth its own Charge;

Sir Edward Warder produced, and Sworn, was interrogated when the last money was sent out of this Kingdom for support of His Majesties Affairs of Ireland:

He answered, The last money sent over for payment of the Army there, * 1.45 was in the Term of Easter, 1621. and it was 10000 l. in full of 20000 l. for one whole years charge, beginning the first of April, 1619. and ending the last of March following; which was 17 Iac.

Being interrogated, whether since that time the State here hath been actually charged with the Affairs of Ireland.

He answered, Nothing hath been issued out of the Receipt of His Ma∣jesties Exchequer for the Maintenance of Ireland since this time, only such moneys as have been lately issued for the Army, and what hath been issued to the Treasurer of the Navy, and the Officers of it, for the maintaining of Ships on the Coast; but otherwise, no money hath been issued as a constant setled thing out of the Receipt of His Majesties Exchequer, for any thing arising since the last of March, 1620.

I desire he may be asked what was since issued for the Navy. * 1.46

We admit that the Charge of the Navy continued divers years after, yet a few years before my Lord of Straffords Government it was taken * 1.47 off too.

The Manager did so open it, and Sir Edward Warder did in effect set it * 1.48 forth so: Therefore that question was waved.

Sir Robert Pye produced, and Sworn to that point of Revenue; and being interrogated to the same purpose,

Answered, No money hath issued out of the Receipt, but as Sir Edward * 1.49 Warder delivered it; and I know of no other money, but only for the Maritime parts, something hath been paid to the Treasurer of the Navy: And besides the 50000 l. of late, I know not any.

The Lord Mountnorris was called upon; and being asked whether the Charge of 7000 l. a year for the Navy of Ireland, was not taken off a year before my Lord of Straffords Government:

He answered, I cannot say the sum was 7000 l. But two of the Whelps * 1.50

employed there before my Lord of Strafford came to the Government, were defrayed; whether wholly, or in part, I cannot tell, but they had good large sums of money, and were paid in the Kingdom.

I desire my Lord Mountnorris may be asked, whether when I came to the Government, the constant Charge did not exceed the constant Reve∣nue; * 1.51 and how much?

It is true, the Irish gave sixscore Thousand pounds towards the Charge; * 1.52 so that the Supply came out of Ireland, though not out of the constant Revenue of Ireland: but it came not out of this Kingdom.

He further answered, the Constant Revenue did not do it, There was * 1.53 a Contribution by Loan from the Country, to supply it; but before my Lord of Faulkland went over, I heard my Lord of Middlesex tell him, They must look for no more money, England had nourished Ireland long enough, she must now live upon her own Milk.

The reason why money did not go out, was because 120000 l. was sup∣plyed * 1.54 by a Contribution; notwithstanding which, when he came to serve the King in that Kingdom, the Crown was indebted very near 100000 l. Sterling.

He hath received 300000 l. for Subsidies. * 1.55

It will Appear on Accompts, to be bestowed faithfully and justly every * 1.56 penny, for the King.

To the point of my Lord of Straffords taking of 24000 l. of the Kings money, and disposing it for a year and a half, notwithstanding His Maje∣sties Wants, and the Necessities of the Army.

Sir Adam Loftus Vice-Treasurer, produced and Sworn, was interroga∣ted, whether my Lord of Strafford had not 24000 l. out of the Kings Re∣venue? and how long time? and when was it paid in?

He answered, My Lord of Strafford and Sir George Ratcliffe, had never * 1.57 a penny out of the Exchequer, but on such Warrants as I durst not deny them, for their due Entertainment, and other things importing His Maje∣sties Service. But I must confess, that they being Partners in the Customs, some moneys were to be paid for the profits of the Customs which were in arrear; and Sir George Ratcliffe moved me to give discharges for it, and he would give me my Lord Lieutenants Bond, and his own, for paying of it upon demand; which I accepted of, and accordingly did give those discharges.

Whence observe, discharges are money; for so much money should have * 1.58 been paid in, and if it be intercepted, the King wants His money.

Being asked what was the sum; and how long was it kept:

He answered, The sum, as I take it, was 19000 l. on one Bond, and * 1.59 5000 l. on another; and as I take it, it was in the year, 1638.

Being asked again, how long it was kept:

He answered, It was paid lately; within these three months.

Whence observe, it was since the questioning of him in Parliament. The * 1.60 Parliament proves a good Officer for the King there.

I shall reserve my self to give full satisfaction to this in its proper time, * 1.61 it being part of my Charge; But at present I desire Sir Adam Loftus may be ask'd the question, Whether when I came into that Kingdom, the con∣stant Revenue fell not short of the constant Charge, at least 20000 l. a year.

We except against Interlocutory discourses; and having now concluded this part of the Charge, we desire, that if my Lord of Strafford would * 1.62 say any thing in answer to what hath been now said, he might say it pre∣sently, else we should be on great disadvantages.

My Lords, I conceive the Proposition to be fair; and it is that which I desire, my memory being weak, and not versed in these kinds of Pro∣ceedings: * 1.63 I intended to have made it my humble suit for longer time to Answer to this days Proceedings, but shall readily Answer every particular Article in order as they go along; and shall obey and observe the Order pro∣posed. But as to these things which I did not expect, as the Remon∣strances, and other Matters opened, being not in this particular Charge, I humbly crave Your Lordships leave and liberty, to recollect my self, and then I will give them the best Answer I can. For to Answer them suddenly I confess I am not so well fitted, as I trust I shall be.

And I desire leave to say in the presence of Almighty God, That I shall desire to be delivered from the Afflictions that God Almighty hath laid on me for my sins, no other way than as in the Intention of my heart, and En∣deavour of my mind, I have been most faithful and true to His Majesty and the Common-wealth; and I well trust and hope, that by the time all these things come to conclusion, and have been fully heard, I shall recover in great measure, the favour and good Opinion of the Honourable House of Commons; in which House, I have spent a great part of my time: And I doubt not but it is known to divers that sit here, what my Carriage and Behaviour hath been there. And I desire no more, (and I am sure it will be granted, they are so just and good) but that they will reserve towards me, an Opinion of Charity, that I give such an Account, as may preserve me to be the same in their Opinion, that I was formerly. I was never yet Impeached in my private Conversation, of untruth, and hope they will think of me charitably, till they have heard the whole business; and I doubt not but I shall take off, in great part, their hard Opinion, and procure to my self, their Compassion and Favour; and that I shall go in peace and quietness to my Grave, leaving all publick Employments whatsoever. And I humbly beseech the House of Commons, to incline a gracious Opinion to me, so far forth, that I am the same man in Opinion, that I was when I was one of them; and I doubt not but this, out of their Nobleness and Goodness, they will afford me.

But for these particulars, I humbly crave, that with Your Lordships good leave, I may have a little time with my self to consider them, be∣cause they be new; and for the rest, I shall obey Your Lordships Order, and give them thanks.

No Exception is taken, but to what is affirmed in his own Answer; and the Commons will think it another mans Answer, and not his own, if he * 1.64 be not ready to make good the Truth of it. These things should not be new; for every man should be ready to maintain his own Assertions.

I am (My Lords) in an unknown way, being not versed in these things; * 1.65 if I might have had the Assistance of Council, it would have been a great ease to me: but it is not possible for me to recollect all which the Worthy Gentleman hath said so materially, and with so much weight. Matters of Fact I could answer to, Article by Article; but to answer presently so great and tedious a discourse, so well delivered, and so weighty, I profess I am not able; my Memory being not able to carry it. But if Your Lordships would please, out of Your Nobleness and Goodness, to give me Respite to recollect my self to these things that be Generalities, I should be able to give a good Accompt thereof, protesting seriously, That I think every part of the Preamble to be very Just and True; and I hope, under fa∣vour, to make it appear so, when I shall shew those things which have not yet been so fully informed and known, as I trust they may be here∣after.

My Lords, We humbly desire, that since my Lord of Strafford is not * 1.66 ready to give Satisfaction to what hath been disproved in his Answer, we may proceed to that which he is ready to give Answer and Satisfaction to; and that my Lord of Strafford might understand, That if he Answers not now what hath been said concerning the Preamble, he must have no time to Answer it hereafter.

I Appeal to Your Lordships; and I renew my Request, That I may for * 1.67 these, have time to recollect my Thoughts till next day: If it may not be granted, I beseech Your Lordships to bear with many of my Infirmities, being very great, both in Body and Mind; and to consider, That my sad Condition doth some way plead for a little Compassion and Favour, I being in a way I was never in before, and having not the great Parts that others have. Yet rather than I should be thought to Abuse Your Lord∣ships with Untruths, I will do the best I can to maintain my Answer pre∣sently; being confident, through the Blessing of Almighty God, that though the particulars thereof are delivered with a great deal of Weakness and Disadvantage, yet Your Lordships shall find them Truths, my own Heart (I protest before God) telling me so; and hope that God will give me Help and Assistance to make it appear so: And other than that I desire not to be; for if I were the man I am represented, I were not worthy to live: I confess, the Honourable House of Commons have pro∣ceeded against me with all Reason and Justice that can be; being informed as they were, they could do no less; if they had done less, they had not performed their Trust with that fulness they should; and therefore I find no fault with them. But I beg leave to express a Truth as well as God shall enable me; hoping it will appear, that all I have said is true, as all is true to my knowledge. And I know it is in the Heart of every man that hears me, That I should have time to clear a Truth; no man can deny it: And therefore I humbly pray, I may not be suddenly taken, pro∣testing seriously, I have said nothing but what I knew, or verily believed to be true.

We pray Your Lordships Resolution in this point, before we proceed * 1.68 any further.

Their Lordships thereupon Adjourned to the Upper-House; and about half an hour after, returned.

I am commanded to impart their Lordships Resolution, That since the * 1.69 Commons do not press these things as matters of Crime, but rather upon the matter of Truth, they conceive my Lord of Strafford need not fur∣ther time for these particulars. And that if his Lordship will make any Answer to these particulars, he is to do it now.

I shall never do other than readily obey whatsoever Your Lordships * 1.70 should please to command me, my heart paying you Obedience; and so in truth shall every thing that proceeds from me. The question (I ob∣serve) is matter of Truth, or not Truth, in the Preamble (as they call it) of this my Answer; and to that, with all the Humility and Modesty in the World, I will apply my self, as not conceiving it any way becoming me to speak any thing of Sharpness in any kind, but with all Humility and Reverence to bear all these Afflictions, with acknowledgment unto Al∣mighty God, and to lay them so to my heart, that they may provide for me in another World, where we are to expect the Consummation of all Blessedness and Happiness. And therefore to lay aside all these Aggrava∣tions by words, wherewith I have been set forth to Your Lordships (only with this) that I trust I shall make my self appear a person otherwise in my Dispositions and Actions, than I have been rendred; and shortly and briefly, I shall fall upon the very points, as near as I can, that were men∣tioned by that Noble Gentleman; and if I should forget any, I desire to be remembred of them, that I may give the best Answer I can on a sud∣dain; with this Protestation, That if I had had time, I should have given a far clearer Answer, than on the sudden I shall be able to do.

I will take them as they lye in Order: And the first thing in this Answer is, That in Ireland, by my means, many good Laws were made for increase of the Kings Revenue, and for good of the Church and Common-wealth; and this I humbly conceive, was not denied directly, only it was inferr'd, That Laws were of no use where Will was put above Law.

That these Laws were made, the Acts of Parliament that are extant, and visible things, do make appear; For (though I might express it darkly, by reason I understood not matters of Law) the truth of it is, before such time as I came there, the Statutes of Wills and Uses, and Fraudulent Con∣veyances, were not of force in Ireland; by which there was a very great mischief that fell many ways, both on the King, and specially on the English Planters: For by want of these Statutes, no man knew when he had a good title; and old Entayles would be set on foot, and by that means the later Purchaser avoided; by which means there was a great loss and pre∣judice to the King in his Wards; which by these Laws are setled, and the Laws of Ireland brought much nearer the Laws of England than before. And in this point I conceive I am not absolutely gainsayed, but only con∣ditionally, that is, that notwithstanding this, I have set up another Go∣vernment, Arbitrary, and Tyrannical. To which, I shall not now trouble Your Lordships with an Answer, that being in the particulars of my Charge. And thus I think the first to be fairly and clearly An∣swered.

Then, that there were more Parliaments in the time of my Government, than in 50 years before. There were two in my time; and if I might call Witnesses, it would appear, that there were not so many within that time

before; but being not material to my Defence or Condemnation, I will not trouble Your Lordships with proof, unless you will require it; I ha∣ving them here, that I think can make it good. And whereas in my Answer I deny that I ever had hand in any Project or Monopoly; and that I did prevent divers, that otherwise would have passed: I said that, under favour, with all duty and confidence; I must still affirm it, That I never had hand or share in any manner of Monopoly or Project whatsoever, unless the Tobacco-business were a Monopoly, which, under favour, I shall clear not to be; but that being part of my Charge, I think it impertinent now to give Answer unto it; but will satisfie Your Lordships in that behalf, in proper time and place: But more than that of Tobacco, I say absolutely and directly, I never had my hand or share in any Monopoly or Project; nay, I did, as murh as I could, Oppose all of them, particularly the Mo∣nopoly of Iron-Pots; for which, I reserve my self to Answer as part of my Charge: And a new Book of Rates, whereby it was proposed, That the Rates of the Kings Customs might be increased. And this I did Oppose and Disavow, albeit I was a sharer in the Farm, and consequently should have had the Benefit and Advantage of it for my proportion; and by the Kings gracious Goodness (when His Majesty came to be more fully and clearly informed of it) it was stopped, and never went on: And this I will make appear in that point of the Articles that concern the Customs.

The Fourth is, That I have not had any greater Power, or larger Com∣mission, than my Predecessors in that Government have had; which I conceive, under favour, is not controverted, but granted, and therefore stands good to me; or if it were controverted, I am able to make it ap∣pear, that I have brought in nothing more than was formerly accustomed in the point of the Deputies-Commission.

The next thing in my Answer is, That the Revenue of Ireland was ne∣ver able to Support it self before my coming thither; and that I say still, with all Humility and Duty, is most true: And I trust to make it appa∣rently true presently, if Your Lordships will give me leave to call for, and examine my Witnesses. It being the Proofs Your Lordships will look to, and not to what was only alledged by that Worthy Gentleman: And fur∣ther than Your Lordships shall find proved, I desire not to be believed.

The proof offered against me, is by Sir Edward Warder, and Sir Robert Pye, who testified, That from the year 1621. nothing went out of the Kings Exchequer to supply the Irish Affairs, saving only for the Maritime occasions. And this I believe to be true; for they be Gentlemen of Cre∣dit that speak it: and I will believe them on their Words, much more on their Oathes.

But (under favour) there was for eight years together before my coming, a Contribution of 20000 l. a year paid by the Country; which was no part of the Kings Revenue, nor as I conceive, ever came into Ac∣compt, nor was paid into the Exchequer, as will appear on the Fifteenth Article; but was a Gift of the Country, and applyed to the Kings Occa∣sions: and that determined, the Revenue fell short 20000 l. of the Charge.

Besides, when I came into Ireland, the Crown was extreamly indebted, above (as I think (not to stand on particular sums and pence) 100000 l. Sterling. And by the Gentlemans own saying, when I came out of Ireland,

I left 100000 l. in the Kings Coffers: And if any ask where the Accompt for the Subsidies is, There is 100000 l. Debt paid, 100000 l. left in the Kings Coffers; (For it appears by Sir Adam Loftus, that there was 100000 l. in the Exchequer when I came from thence) There was 15000 l. employed for buying Land, that yields the King 2000 l. a year. And so much of my Lord of Ormond, as yields 2500 l. a year: So that the Ac∣compts will shew the bestowing of the Subsidies, with as much Advantage as might be, for the Kings Service. That the Revenue was short, I could make appear clearly. The occasion that no money came out of the Ex∣chequer, was accidental, by a Contribution of the Country, no Revenue of the Kings. And if that had not been supplyed, there had been no possibility of defraying the Ordinary Charges of the Crown out of the Revenue; and that is the point wherein I differ from the Gentleman, his meaning being, That the ordinary Revenue of the Kingdom could not bear the ordinary Charge of the Kingdom. And I desire that Sir Adam Loftus and Sir Robert Dillom, may be examined upon such questions as shall be propounded in this point.

Your Lordship may examine them, but not upon Oath. * 1.71

I will not displease, but perfectly obey in every thing. * 1.72

It will not be denied, but the Revenue is increased by such means as my * 1.73 Lord of Strafford hath increased it by; yet it was not the natural Reve∣nue, but the additional part, that came in by the Bounty of the Country, that supported the Charge many years before my Lord of Strafford came: So that if it be said Ireland supported not it self before he came thither, in the general sense it is untrue; if it be said in a special sense, that the Kings proper Revenue did not support it, that his Lordship says is true.

Whence I infer, that it was not much material to insist on this, for I meant * 1.74 it so; and it is plain and clear, that the Kings Revenue there was not able to bear the Charge of that Kingdom, by very near 23000 l. or 24000 l. a year: And it is now able to bear its own Charges, and yet there is an increase of Charge by 600 Horse; by which, the Army is stronger than it was.

And whereas it is said, I was short in the Shipping; I affirm, that under favour, I was not. It is true, that in the time of the late Justices, my Lord of Corke, and my Lord Loftus, the last years Charge of the Shipping was paid forth of Ireland: But it is as true, that when the Kingdom under∣went the Charge, they lessened the Charge of the Kings Army, by striking 500 off from the Army; and transferred the Charge of their pay, to the easing of the Kings Revenue on the Navy. But that Charge being now increased again, and brought to the former certainty, I conceive I might truly say, There was in my time an ease to the Crown of England, (all things considered) which formerly it had not: It being not with the pre∣judice of the Kings Service elsewhere, or lessening the standing Army, which in all times hath been the strongest support of the Kings Justice, and Ministers there; and which it deeply concerns the Crown of England, to keep in such a Condition, that they may be responsible to the King for the Services he shall Command: So that though the Shipping Charge was paid the last year, yet so paid, that the Kings Army was weakened 500

Foot; whereas now it is paid, and the Kings Army raised to a certainty again; and a Change is made to the better; for instead of 500 Foot, there is 600 Horse. And that I say, my Lord of Corke remembers very well, there being Letters of his, That Sir Pierce Crosby his Regiment, should be put off, and the money for maintenance thereof, should go to defray the Charge of the Kings Ships, for guard of the Coast.

And yet the Charge is much more now than it was; for the Charge was then only two Whelpes, as my Lord Mountnorris said: And now there be three Ships, The Swallow, a Ship of the Third Rank, and two lesser Ves∣sels; so that I conceive my Answer, in my sense, was true.

For the matter of having money out of the Exchequer, I conceive my Answer to contain no matter of Untruth; for I had out of the Exchequer only 15000 l. and for that the King will be answered 2000 l. a year good Fee-farm Rent, in lieu of it; which he thought was no ill bargain. It is true, (I say) the money spoken of by Sir Adam Loftus, was borrowed on my own, and Sir George Ratcliffes Bond, to be paid upon sight. At that time (I praise God) I had Credit for 20000 l. and at this time (I thank God for that too) I have not Credit for 20 d. Gods Will be done, I obey it. But this money is honestly and justly paid; Where is the Crime then? might not I borrow of a Gentleman that would trust me with money, but it must be an Offence? It is true, it was of the Kings money; but the King had no use for it at that time. Had not I made use of it, it must other∣wise have lain in the Exchequer, and yielded no profit; and besides, I borrowed it of one that was Accomptable for it.

But since I am put to it, I will shew that which will clear it from being a Crime indeed; which according to the Duty I owe unto His Majesty, my Master, his Command hitherto have I kept private to my self: And that is the Kings Warrant, being all of His own Hand writing.

Sir Adam Loftus, being then Vice-Treasurer, and now demanded the question, Whether that Warrant was produced to him at the borrowing of the money, confessed, that my Lord of Strafford never told him of the * 1.75 Warrant.

The Warrant was read, containing a Licence to make use of 40000 l. * 1.76 of His Majesties Treasure, now in the hands of His Majesties Vice-Trea∣surer, for three years; Provided, that for Security, there be always left in the hands of the Comptrollers, a Stock of Tobacco, amounting to 40000 l. at the least; with a direction to conceal this particular favour to him, that it might not be brought into precedent.

There was accordingly so much Tobacco left. But, by what Law * 1.77 I know not, The Magazines are seized on by Order from the Commons House of Parliament, my Goods possessed, and given over to others, to sell at their own prices; my people imprisoned, as if they had been Tray∣tors Goods, and as if an Inquisition had been found upon me as a Traytor. And this is my Misfortune, to be very hardly dealt withall by the Com∣mons House there, to say no more.

And whereas by the Kings Goodness I had liberty to take 40000 l. I took but 24000 l. And where I had liberty to take it for three years, (which expires not till Michaelmas next) I paid it in long before the time.

And by this one particular I hope it will appear to Your Lordships, and the Gentlemen of the House of Commons, how Noble it will be to believe Charitably of me, till they hear all can be said; for I trust, in the whole course of this Trial, to appear an honest man.

And whereas I said, I never had but 15000 l. out of the Exchequer, and yet had 24000 l. borrowed as aforesaid. The King Commanded me I should not take notice of His gracious Favour; and therefore I conceive, that in Duty to my Master I ought not to have taken notice of it, other∣wise my Answer should have clearly and plainly exprest it: I never having Disobeyed His Majesty, nor, by the Grace of God, never will.

For the 7000 l. for the Guard of the Irish Coast, that was mentioned already; and I shall not need to Answer it further.

To the point of restoring the Possessions of the Church in a great mea∣sure; I say, there was not only a Restitution, but a Preservation by an Act of Parliament, for preserving the Possessions of the Church from being mis-used by the present Incumbent, to the prejudice of the Succes∣sors; which Act, I wish were in England: But that I conceive not to be Controverted, but granted me.

But it is said, The Possessions of the Church were restored in an Illegal way, to please my Lord of Canterbury: To which I Answer, The Gentle∣man indeed spake it, but there is no proof of it, neither hath he offered any proof; and till it be proved, I conceive it not fit to trouble Your Lordships with Answering it: I have done nothing in Church or Com∣mon-wealth, but Justly and Uprightly.

Albeit I conceive it a hard case, that having the Honour to be the Kings Deputy sitting in Council, where there be Twenty who Voted as well as my self, That I should be noted to Answer for them all, though I did con∣stantly submit my self to the Major part.

And as to my Lord of Canterbury, I beseech Your Lordships to think, That what I have done for the Church of Ireland, was out of a faithful Conscience to God Almighty, out of a desire to increase the Religion I Profess, and which I will witness with my Blood, by the Blessing of Al∣mighty God, if there should be occasion. And when I have done it with respect to that Piety of His Gracious Majesty, which I would faithfully pay Him. I desire it may not be put upon me, as done in an respect only to my Lord of Canterbury, where no such thing is proved: No, I did it out of Conscience, my Duty to God, to the King, and to the People, that they might be instructed in the way to Eternal Life. And I beseech Your Lordships to believe, I have a Heart a little greater than to do any such thing to please any man living, with Modesty be it spoken.

For the Building of Churches, I confess, I built not any; and in my Answer I said no more, but that Churches were built; which the Worthy Gentleman acknowledged in some part. I confess they were not Built by me, or at my particular Charge; nor do I say otherwise in my Answer: And it had been a vain thing to have said it, though I had done it my self.

But it is said, the Answer is not right, in saying there be divers Worthy Church-men preferred; and three are instanced in, Bishop Atherton,

the Bishop of D. and one Gwyn: To this I beseech Your Lordships, that I may be bold to let the Gentlemen know, That Bishopricks are not in the gift of the Deputy, but of the King; and that he is not Responsi∣ble for what the King doth.

But not desiring to deny any thing that is true, I confess, I think Bishop Atherton was unknown to His Majesty; and that I my self recommended him to the Bishoprick; and at that time I thought the Bishop a Person fit for that Charge: But suppose he had a secret fault of his own, (God knows it was unknown to me) may not a man be deceived in his Judge∣ment of a man, but this shall be turned against him? It is a very easie thing for a man to cover his faults from the eye of the world; I thought him not a vicious man, he proved so, and he had his merit, he suffered for it: And unless I had the Inspection of Almighty God, I suppose, this cannot be laid to my Charge; if any private End or Respect should appear in the doing of it, I desire no more of Your Lordships Favour; and I profess, I had rather be out of the World, than not have the Favour of Your Lordships, and the Honourable House of Commons; of whom I desire, that they would hear me with that Equity that they hear every thing.

For the Bishop of D. all that is mentioned against him is, That he is Impeached of High Treason by the Commons House of Parliament in Ireland: And how the Bishop will acquit himself I know not; but for that the Bishop must Answer for himself, not I.

This Bishop hath lived in my House a long time, as my Chaplain; and I humbly recommended him to that Bishoprick, taking him (and I hope he will so approve himself) to be a very Learned man, and that I think no body will deny: certainly he hath the Elements to make him a very Wor∣thy Church-man as most I know.

For that Gwyn, I profess I never heard of him before, nor do I know him; But recollecting my thoughts, I think he was recommended to me by my Lord of D. for in matters of the Church I did use that Gentle∣man; and if I were to begin the World again, I would use him still, holding him a very honest Worthy man: And I think there was some Rectory or Impropriation that the Earl of Corke had possession of, which was restored to the Church; and it was of so small and trivial a value, that they knew not who to get to serve the Cure; and on that occasion this man was recommended to it: And I think, that if it shall come to be examined, Thirty pounds a year will go far in his preferment. And if such a thing should happen, and miscarry in his hands, it is no such hainous Crime as is objected.

But I desire leave to shew what I have done in this kind instead of this Mr. Gwyn; and Your Lordships may see a List of those I have preferred to the Church of Ireland, and perhaps they may be known to some of Your Lordships, and to many Gentlemen of the House of Commons. And first I say, I preferred Mr. Gray, and have done for him according to the means I had by the Favour and Goodness of the King; perhaps he hath that which is worth 3, or 4, or 500 l. a year by my Gift. And this Mr. Gray (if I be not mistaken) was sometimes Chaplain to a Noble Person that sits on the Earls Bench; and if it were material further to enquire of him, I might give satisfaction what he is. I likewise brought into that Kingdom Mr. Tilson, now Bishop of Elphin, and sometimes Fellow of University Col∣ledge of Oxford, a most Worthy, Honest, Religious Person he is; and

those that know him, I am sure will give him that Testimony. I likewise preferred Dr. Margetson, Dean of Christs Church; he was of Cam∣bridge, and a Worthy man. Mr. Forward, Dean of Drummore, an Oxford man; who if he were known, would appear worthy of that Preferment. Mr. Dean Cressy an Oxford man. Mr. Roade, Dean of Derry, a Cambridge man, of Sydney Colledge. Dr. Wentworth, Dean of Armagh, of Oxford. Dr. Price, Dean of Conaught, of Christs Church in Oxford. Mr. Thorpe, a Cambridge man. I preferred likewise one Mr. Parry, whom I found in Ireland; but all the rest I brought, and sent for out of England: Nay, I sent for them, and did those things for them before they did ask the Que∣stion, or knew of it; That being a means, under Gods Blessing, to con∣form that Kingdom to the Church of England. And these, and far greater numbers than these, to my best Judgment and Understanding, I made use of as Instruments to Gods Glory, His true Service, and the reducing of the people to the Profession of the same Religion that's here in England; and for no other end. But concerning my Carriage of the Trust reposed in me by the King, touching these Ecclesiastical Preferments, I desire no other Testimony or Witness for me, but the Lord Primate of Ireland, who is sick, and cannot come hither: To whom I will Appeal, whether I have not in my preferring to the Church Preferments, carried my self with all clearness and care I could possibly.

To the point of increasing of Protestants; if Your Lordships please to hear any thing in that kind, I shall call my Lord Dillon, and Sir Adam Loftus, who if they should be asked, Whether there be more Protestants in Dublin now than when I first came thither? I doubt not but they would give an account of a greater number.

We Charge him not upon this point; so it was set aside. * 1.78

My preferring of none but Protestant Officers, if I mistook not, the Noble Gentleman did acknowledge. * 1.79

To the disposing of the Army without Grievance to the Subject; I * 1.80 leave that, (which was spoken with so much Advantage and Ability, above any thing that from such a poor man as my self, could be expected) and proceed to that which was proved; observing, That one only Testi∣mony was produced, (viz.) Alderman I. who said, they have a special Charter at Dublin to exempt them from Billetting of Soldiers. But whe∣ther it be so or no, it hath ever been denyed by the Deputies: And by his own Confession, the Foot-Companies of my Lord of Faulkland were Billetted in Dublin. And whereas it was said they had Lodgings, not Money, That was altered upon a Composition with the Soldiers, who can expect only Lodging; but if for the Ease of the Town they will allow the Soldier Money, and leave him to provide for himself, it is all one.

For the Horse-Troops, My own is, and ever since I was there, hath been Billetted in Dublin. And it is in the power of the Deputy to Gar∣rison part of the King's Army where he pleases, and without controversie, hath been so at all times.

And I desire that my Lord Ranulagh may be asked, Whether the Sol∣diers of the Company he hath, be not Billetted in Athlone, at least some part of it. It is true, my Lord of Faulkland's Troop was not Billetted

in Dublin; but they were in the Counties round about, which was more chargeable.

And besides, here is produced but one single Witness; and I hope my own Answer may stand equal, and in as much Credit, as a single Testi∣mony, that on the matter, confesses the thing in a great part.

For the increase of Shipping, the Gentleman question'd it not; and re∣ally * 1.81 there is now 100 Tun for one, that was there before my coming. And if I had time to send into Ireland for the Certificates of the Officer of the Ports, (the Surveyor, I think) who views the Ports once a year, it should appear to Your Lordships, that I have not abused you, nor the Honourable Gentlemen that hear me. And whether that be an Argument that the Trade and Wealth of the Kingdom is improved, (I appeal to all that hear me) when the Shipping doth so much increase: And the Customs, which were not above 13000 l. a year, are come to 40000 l. and that on the same Book of Rates.

Concerning the Sentencing of Jurors, and the questioning of them * 1.82 in the Star-Chamber. It is true, divers of their Sentences were past: And to those Sentences I refer my self, till something be proved against the Truth and Justice of them. And I think it will stand with Your Lordships Goodness, to judge the best of the Court of Castle-Chamber, wherein the Deputy hath but one Voice, They being the King's Ministers, and standing upon their Oathes to do their Duties: But I think in my Con∣science, there was the greatest reason in the World to sentence those per∣sons. And when it comes to be examined, it will prove so. And unless a strict hand be in that kind held upon the Natives, the Priests shall carry them against all things that can be. For either they do not, or will not, understand their Evidence: so that it begets one of the most crying sins in Ireland. And if some Examples have been made, they are upon strict grounds and reasons of State. For if Jurors going directly and manifestly contrary to their Evidence, be not punished, that high and ancient Trial by Jury, will fall. And is it not ordinary in England to have Juries Sentenced for not finding according to the Evidence? But if any one hath not been Just, upon instancing of the particulars, I will An∣swer for his Vote as well as I can: For it must stand or fall according to the Merit of the Cause.

But one thing which I observe the Gentleman to say, is very Conside∣rable; for he tells what was spent there this last year. This I have little to Answer for: For when I came out of Ireland, there was 100000 l. in the Exchequer; and how it hath been issued, I know not, but it hath not been done by my Warrant or Direction; yet I doubt not but it will appear, when examined, that it hath been faithfully and justly disposed. But I am not to Answer for it, only I can say, That when I came out of that Kingdom, the Kingdom was so far from being 60000 l. in Debt, (as some such thing was spoken) that there was 100000 l. in the Kings Coffers.

And for the 50000 l. received by me in England, Mr. Vice-Treasurer in Ireland, is Accomptable for it, though Mr. Vice-Treasurer never touched the money, and my self as little. And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me, and charged it upon other Accomptants; who when they come to Account, I doubt not but a good Account will be given. Though (under favour of the Gentleman) of

the 50000 l. 14000 l. is yet unpaid, only there is an Assignment. But it lies on him and his Credit for discharge of the Kings Service: And it must lye on him, or on some other person, if himself have nothing left him.

And whereas it is said, the money I had as borrowed, was taken out when the Kings Army was in want, I desire Your Lordships to observe, It was two years ago when I had this money; and then there was 100000 l. in Surplusage. And though the King gave me Liberty, of His Goodness, to use it three years, it was not wanting to the Army when it stood in need of it.

The next thing urged, was my Cozenage in the Custom-house; and that I had there Cozened the King notably, 5 or 6000 l. a year deep.

To Answer this, I reserve my self till I come to the particular Article; but desire leave with all Modesty to say, That it shall appear I have not Cozened, nor deceitfully abused His Majesty for a Farthing Token, neither in that, nor in anything else. And that there is no other Allowance, nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year, and 8000 l. Fine, then was allowed to the former Farmers, that had it at the Rent of 13000 l. a year. And that I have made the King a much more profitable bargain than he had, or could have without it.

The next was for the Revenues of the Church, That they were got without Rules of Justice; And were an Offering of Rapine. And that I had an Eye to my own Preferment, in the Person of my Lord of Canter∣bury: To that I have already Answered.

And thus having run over all the Preamble, I humbly begg leave to make some Observations upon the Testimonies produced, (viz.) That the Examinations of Sir Iohn Clotworthy, and my Lord Ranulagh, I conceive, do not concern me. Mr. Barnewells was for things spoken when I was out of the Kingdom; and were concerning Sir George Ratcliffe, and not me.

For the Remonstrances shewed, wherein they disclaim the Preamble to the Act for four Subsidies, I beseech Your Lordships to consider, how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously: For by the Custom of that Kingdom, the Laws must be transmitted hither under the Hand of the Deputy and Council, and so pass the Seal, and be returned to Ireland; when that Law was transmitted, I was here in England, as I take it: And absolutely and directly, I protest I never knew any thing in the World of that Preamble, never saw it, nor heard of it, I think, till I saw it in the Copy of the Remonstrance; I never heard it was excepted against, it having pass'd the Vote, and three times reading, in both Houses: And I would have consented to have it struck out, as in truth I will now, being far from any thing of vanity, and not thinking my self better or worse by being put in or out: And if it were charged upon me as a Crime, or were material for me to prove it, I think I could by Witness in Town prove, That it was the general Vote of the Com∣mons House, and passed with as much Applause and Chearfulness, as any thing. And, that if my Lord Dillon, and Sir Adam Loftus, and some other of the Irish Commissioners, were examined upon Oath, I believe they

would Swear they never heard any Exceptions against it, till the time I was Impeached with High Treason.

For the Particular concerning Sir Pierce Crosby, it concerned not me; but the reason of his being put from the Board was this: All Laws must first be transmitted from the Deputy and Council; the Bill against which he Voted was transmitted, Sir Pierce Crosby was there, and set his hand to the transmission; and because he did not except against it then, being a Member of the Board, but did except against it afterwards, it was thought fit he should be Sequestred (as I remember) till His Majesties Plea∣sure should be known; but Committed he was not: And it was done by the Vote of the whole Board, but no way to infringe the Liberty of the House; and so in Obedience to Your Lordships, as near as I could, with a great deal of Weakness and Infirmity, I have said as much as I can for the present recollect, towards the making good the Truth of my Preamble.

And I conclude with this humble suit, there being some Exception took at some Words that fell from me, Many mens Tongues and Mouthes may offend, where their Hearts do not: And that in truth I may say, my Heart did not offend against that Reverence and Duty I shall always pay, on all occasions, to the Honourable House of Commons, and every Member of it; but to others, that are neither Members of this House, nor of the House in Ireland, I meant what I said: And I do beseech the Gentlemen of the House of Commons to accept my Acknowledgment of this truth: and that my Words may not be any ways raised against me as a Cause of their thinking worse of me; or that I should be peccant or offending, in ha∣ving other thoughts of the Members and Proceedings of the House, than with all Submission, and all belief of the Equity of it.

To which Defence, one of the Managers appointed for this days Ser∣vice, briefly replyed, in substance as followeth.

What I have said in Answer of the Preamble, was not by way of * 1.83 Charge, but only for disproof of that whereby my Lord of Strafford would take away, or nullifie the Charge. So that if the Charge remains in force, the Services performed by him, are not effectual to mitigate it.

That what we have proposed still stands unavoided, as we conceive, notwithstanding any thing my Lord of Strafford hath said.

That as concerning Sir Pierce Crosby his agreeing to the Transmission, if that be true: That there is a preparative part of the Law, and there Sir Pierce Crosby might speak as a Councellor; But there is a Legislative part of the Law, and that is done in Parliament; and these being distinct, if Sir Pierce Crosby did do any thing at Council-Table, it deprived him not of his Liberty to speak in Parliament. But we are informed, he gave his denial to consent to the Transmission.

And if my Lord of Strafford were not guilty in his own Person of breach of Priviledge; yet if under his Government, Priviledge of Par∣liament be broken, it is no matter of Merit to say, he procured Par∣liaments.

It is no Answer to say, things are not proved, when any thing we urged, is contained under an Article; for then he refers the proof when he comes to the Article; as many things concerning the Lands of the Clergy, will be made good in the proofs of the proper Article.

That he hath preferred many Divines; that is no part of his Merit, nor takes away his fault, though it be true.

That for the Value of his living, we never heard of it till on this occa∣sion; but be it small or great, it is nothing to justifie my Lord of Strafford, being offered to this purpose; That though his Lordship were careful of the Lands of the Ministers, He was not careful of the Ministers themselves, in suffering a Groom to execute that high Function; Ministers being not to be chosen according to the Quality of the Living, but according to the Quality of the Function.

That for the matter of Monopolies, if his Lordship do stop any, he may stop them for sinister Reasons and Respects; and however, there is no Compensation, doing his Duty in one thing, not satisfying for Neglect in another.

And then concluded, That what we have not now replied unto, shall be made good in the Charge; and ought not in their Lordships Opinion, make my Lord of Strafford more plausible; for the Charge shall be made good against him in the truth of the Fact, and the Aggravation of it.

Hereupon the Court was Adjourned, and the Committee directed to proceed to the Proofs conducing to the particular Charge, the next Morning.

The Third day.

Wednesday, March 24. 1640.

Gentlemen,

YOU who are of the Committee to manage the Evidence against the Earl of Strafford, I am to acquaint you, Their Lordships have con∣sidered * 1.84 of that point of Sir Pierce Crosby, his being examined as a Witness, and my Lord of Straffords Exceptions; and have resolved that he shall be Examined; and that the Validity of his Testimony shall be left unto their Lordships Judgments.

Your Lordships have with great Patience attended the Charge that hath been read, and the Answer, and the Exceptions taken to the Preamble, * 1.85 which my Lord of Strafford to ingratiate himself, did make to the main of his Defence.

My Lords, I shall repeat little of that that hath been said, only pardon me if I say this to Your Lordships, That wherein my Lord of Strafford answered to very many particulars, yet to that one main he answered not, which was principally objected against him; which I therefore speak to put him in mind of it, that if he can, he may Answer: And that is, Your Lordships were pleased to hear the Complaint and Protestation of the whole Kingdom of Ireland read before you. The principal of their Aim seems to be, to take off the Extolling of my Lord of Strafford, that himself, or his Agents, had put upon him in a Bill of Subsidies; wherein indeed the

Praise and Honour due to His Majesty, was much Attributed to my Lord of Strafford, which grieved the Parliament, who would take it off, and my Lord of Strafford is now willing to lay it down; and he doth well to do so when he can keep it no longer, when those from whom he took it by fraud or force, would wrest it again from him. I desire Your Lord∣ships to remember, and I am sure you will, That the main of our Com∣plaint is, His alteration of the fundamental Laws against Will; His intro∣ducing of new Laws at his Will and Pleasure: This is not only the Cry, but the Testimony of a whole Kingdom before Your Lordships; of all the Lords and Commons of Ireland.

I shall not touch that which concerns breach of Priviledge of Parlia∣ment, he would fain put that off on Sir George Ratcliffe, his bosom Friend, and put it off himself. My Lord of Strafford Sequestred Sir Pierce Crosby from the Council, his Vote went with it, others joined with him; but I am sure he moved it, he concurred with it.

But now, My Lords, I humbly Address my self to that we are ready to maintain, The Body of the Charge: And because some time hath been spent between the reading of the Charge, and the main of the Defence, I desire leave to open what is the Nature, what the Height and Quality of the Offence, of which this great Lord stands Accused before you?

My Lords, It is a Charge of the highest Nature that can be against a man; A Charge of High Treason. It is a Treason, not ending and expi∣ring in one single Act of a discontented Heart, but a Habit, a Trade, a Mystery of Treason exercised by this Great Lord, ever since the Kings Fa∣vour bestowed on him.

My Lords, It hath two Evils to deprive us of that which is good; that is, to subvert and take away the fundamental, the ancient Laws, where∣by we are secure of whatsoever we do enjoy; it hath (My Lords) a positive Evil in it, to introduce instead of that an Arbitrary Government, bounded by no Laws, but by the Evil Councels of such Ministers as he hath been.

My Lords, It is the Law that gives that Soveraign¦ tye, which w•• all Obedience and Chearfulness, the Subject renders to the Soveraign. It is the Law (My Lords) that gives Honours to the Lords and Nobles; Inte∣rest, Property, and Liberty to the Subject.

My Lords, The Law, (as it is the Foundation and Ground of all these) hath its distribution in a course of Justice. Justice is derived (as by so many Channels) by the several Courts of Justice; whereby the Kings Justice (for it is His) is brought and conveyed to the Subject.

My Lords, Of all this hath my Lord of Strafford endeavoured, not only to put the Subject out of present Possession, but to make him uncapable of the future Benefit of it.

Other Treasons, yea, a Treason against the Person of a Prince (which is the most Transcendent and High Treason that can be) fall short of this Treason; For a good Prince may be gathered to His Fathers, yet another may succeed Him, that supports the Glory and Justice of His Throne. We have had Experience of it: When blessed King Iames was taken from us to Heaven, Sol occubuit & nox nulla secuta est. But if any one such a de∣sign as this should take effect, That the Law and Justice should be taken from the Throne, and Will placed there, we are without hope of ever seeing Remedy.

Power in so great a measure taken, is not easily laid down, unless it be by the exceeding great goodness of so merciful and just a Prince as we have.

My Lords, The Particulars of this Treason are Conveyed to Your Lordships in 28 several Articles. I shall shortly and briefly touch but the Heads of those on which I shall insist, and give some distribution of them. And I think the best way will be this; To consider first what he did, and what he said, before he went into Ireland; then what he did and said there; and what he hath done since. And in all of them, you will find this his main design, which I have opened, That Law might no where stand against his Will; and to settle it, that he might continue so.

My Lord hath declared this in incroaching Jurisdiction where it was not, in exercising an Arbitrary Power under that Jurisdiction; In taking on him a Power to make Laws; In Domineering and Tyrannizing over the Lives, the Liberties, the Goods, the Estates, and whatsoever is the Subjects.

And (My Lords) this hath he done, not only on those of the meaner sort that could not resist him, but on the Peers, on the greatest and most ancient Nobility of Ireland: And what might Your Lordships expect, but the same measure at his hands, had his Will had its passage here, which it had in Ireland.

I shall now come to the particular Articles.

1. And first, Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President, he had not been long there; but that Commission which bounded and pleased his Predecessors, he must needs surmount and overgo. There was a Commission in 16 Iac. which the then Lord Deputy had, in which was that Legal phrase Secundum antiquum cursum, his own Commission 4 Car. pursued that, without any alteration; but being in but four years, this would not please his bound∣less Ambition, he must needs have the Power that the Lords in the Star-Chamber have, put in in express terms, a Power to proceed according to the course of the Chancery, that his Conscience might limit other mens Estat••; That his Injunctions might stay other Proceedings at Law: And which is highest of all, if any thing be done in that Court, within these Instructions, than no Prohibition should be Awarded. He would make himself safe from any supervising of other Courts.

If he Committed any man to Prison, though a Habeas Corpus were granted (then which, the Subject hath no other remedy to vindicate his Liberty) the Officer (for the encouragement of those which be under his Power) must not obey it. And if any Fine be put upon the Officer, then comes a command in this Commission, That the Fine shall be dischar∣ged; so he not only takes a Power to himself, but also takes the Scepter of Justice out of the Kings Hands; for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him; and he knows it right well: for when he was a Member of the House of Parliament, it was his own motion, who now stands at the Barr, That all the Officers and Ministers of State, should serve the King according to that Law, and he is the first Officer and Minister of State, that breaks it; and in the most transcendent degree that ever it was broken.

My Lords, He doth in this, as much as in him lies, say to the Laws, Do your worst; You can but Fine, and that you can do shall come to nothing; The Fine shall not be paid, The Officer shall not obey you.

If this had been a single Act, we should never have accused him of this Treason, though it comes very High, and very Transcendent. But the Oppressions and Injustice, the Councels and Speeches that we present to Your Lordships, we present them not singly, but as together, designing and noting, what a Treasonable purpose and disposition is in him.

2. My Lords, The next thing he doth when he is in the North among the Justices of the Peace, and the People attending for Justice, you shall see what Encouragement he gives them to look for it; and how foul a thing he dares to fling on the Sacred Majesty that did advance him. He tells the Justices that were to do Justice, and the People that were to receive Justice, That some of the Justices were all for Law, but they should find, The Kings little Finger is heavier than the Loyns of the Law. Your Lord∣ships may consider what a transcendent Speech this was, out of whose Mouth it came, what sad Accidents happened upon it; nothing could move this Lord to utter it: but his Will and his Violence must out, though he burst a Kingdom in pieces for it.

3. The next thing is this, When he goes into Ireland you will find his Temper and Spirit not a whit Allayed; but now being further from His Majesties Person, he is higher in his Power and in his Will. It is true, that Kingdom was annexed to this many years ago; but they that now possess the greatest part of it, are Subjects of this Kingdom, descended from them that went from hence thither. Yet he tells them in a solemn Speech, not suddenly but solemnly, That Ireland is a Conquered Nation, and the King might do with them what he would; and that their Charters were nothing worth, and bind the King no longer than he pleases. Surely (My Lords) We might see what he would do if he had Power. But God be blessed, we find not that disposition any where resented by His Majesty; and we hope that such Councels shall never have Access to so good and gracious an Ear.

4. The next thing, he stays not in words, but will be as good as his word if he can; and he begins high. For that we present next, is a Peer of the Kingdom thrust out of his Possession by my Lord of Straffords Order; and when he Sues at Law for recovery of his Right, my Lord Threatens him. Truly Threatnings are not good, in such a case, where a man Sues for Justice, And from him that ought to Administer Justice, and further him in it; yet he Threatens him Imprisonment, to which Peers are not ordinarily liable.

First my Lord tells him, He will not have Law nor Lawyers question his Orders; he might debar the Lawyers in some Cases, but why a man should have a Spleen at the Law, that his Orders should not be examined by, that I know not. And he goes higher; for when there was an oc∣casion to speak of an Act of State, he tells him, That he will make him and all Ireland know, that as long as he had the Government there, any Act of State made, or to be made, should be as binding as an Act of Parliament.

My Lords, He cannot go higher in Speeches than this, That an Act of State of his own making, and his own Power, should be as binding as an Act of Parliament.

Nay, he tells them in Parliament, That they were a Conquered Nation, and must expect Laws as from a Conquerour.

5. Next we shall shew divers Instances wherein he exercises Power over the Lives, Lands, and all that is the Subjects; deduced into several Arti∣cles, viz. the 5th, the 6th, the 7th, and the 8th.

In particular, one I shall be bold to open, That is the Case of my Lord Mountnorris, another Peer of that Kingdom, and a great Officer there. Some words fell from that Lord, speaking of one that had trodden on my Lord of Straffords Toe, That he hoped the Party did it not in Revenge; for he had a Brother that would not have sought such a Revenge. For these words, spoke at a private Table, half a year, yea seven months be∣fore, my Lord of Strafford calls a Councel of War, and judges his Lord∣ship to death.

My Lords, It is no wonder that he would make the Kings little Finger so heavy, that could make his own Toe heavy enough to tread the Life of a Peer under his Feet.

And he did not only give Sentence in that Case, but caused Execution to be done in another Case, upon one D. who was condemned by Martial Law, and hanged at Dublin, where there was no War at all.

Other particulars will follow when I fall upon proof.

9. Then he comes to make Laws; and that is in the 9th Article. By the Laws of England and Ireland too, the Ecclesiastical Power is distinct from the other, it not extending to the Imprisonment of the Person, but is to attend the Kings Courts, and to receive directions from thence; yet he makes a Warrant to the Bishop of Downe, (and he made it to others too) That if any of the poorer sort did not appear upon the Bishops Citation, or not obey when they did appear, they should be Attached and Imprisoned; Here he makes a Law of himself, and subjects the Liber∣ties of the Subjects to his own Pleasure; but this was for the poorer sort of People, though Justice sees no difference in matters of Estate, betwixt Poor or Rich: But when he hath brought it on the Poor, he will afterwards bring it on the Rich.

10. The next is a Power of laying Impositions on the Subjects: First he is a Farmer of the Customs, he puts excessive Rates upon the Commodities; that which is worth but 5 s. as the Hydes, he will have valued at 20 s. and the Wool, which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away, in effect, whatsoever the Commodity is worth; for the Customs come very near the Value.

Another particular in this I shall be bold to open, and I hope his Lord∣ship will provide to give an Answer, He hath advanced by this the Kings Customs, and a Rent of 1350 l. is increased to the Crown: But it will appear to Your Lordships, that the Crown hath lost, and he only hath gained. And whereas my Lord of Strafford says there was no other De∣falcations in his Patent, than in the former, that will fall out to be other∣wise; for this is the State of the bargain,

There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm. On the Earl of Straffords Patent that Rent is reserved, and as much as came to 1350 l. more, but in lieu of 1350 l. advanced to the King, my Lord of Strafford hath in his Grant the Surplusage of Wines (which were not in the Dukes Patent) worth 3400 l. a year, besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London, Derry and Colerane in the Dukes Lease, which

amounted to 1500 l. a year; my Lord of Strafford must have a defalca∣tion for them: And then the Seizures, which were 500 l. a year; and for Knockvergus and Straniford 2500 l. a year, so here is above 5000 l. a year less to the Crown, in lieu of the advance of 1350 l. a year, besides the in∣creased Customs, amounting to 12000 l. a year: And yet he again hath far exceeded this proportion. We say further, he doth not only impose on the Subjects, but takes away that which is the Subjects utterly and entire∣ly, as in the case of the Flax. It is true, the Employment of it belongs to Women; but it is the greatest Commodity (one of them) of that King∣dom, and of greatest profit, the Revenue of the Custom of it being 800 l. a year; and this he hath gotten into his own hands and possession. This he got from the Natives, and took it to himself. He doth for that pur∣pose, issue a Proclamation, That they shall use it in such a way wherein the Natives were unskill'd, and if it were not so done, it should be seized; and it was seized accordingly, yea their Houses broke open, and their Goods taken away, and brought to my Lord of Straffords house, where they were employed in his works. The like we shall instance in Tobacco.

15. Next we shall shew to Your Lordships how he hath levied War up∣on the Kings Subjects. We opened in the beginning, what an Arbitrary Ju∣risdiction he set up; here we shall shew how he used it by a meer course of Enmity and Hostility. For (My Lords) this was the course; If a Decree or Order were made by him, and not obeyed, he issues a Warrant to the Sergeant at Arms, to go to the next Garrison, and take Soldiers, with an Officer, and carry them to the House of the party in question; it is no matter where it was, but to the House of them that were pretended to be disobedient, they were to go: If the Decree had been to raise so much money, or to put parties in possession. In plain terms, the Soldiers were to lye like Free-booters, and Enemies on the King's People, to eat them up. They have killed their Sheep, their Oxen, and they have lain not on the parties only, but on their Tenants, till the party comes in and renders himself. They have burnt their Houses, taken their Wives, and Friends, and carried them away, till Obedience was rendered, and this is a levying of War upon the King; For the King and the People are both so united in Affection and Right of Law, that there cannot be Violence offered to the King, but it redounds to the People; nor can any Oppress the People in this sort, but it redounds to His Majesty. Besides, it is con∣trary to a Law of that Kingdom; whereby it is Enacted, That if any per∣son shall assess Horse or Foot, on any of the Kings People, without their consent, it is High Treason.

The next thing we shall go to, is the Favour he shewed to the Papists, in their Compositions and Exemptions from all penalties of Law; for they were expresly not to be proceeded against, nor to be Convicted; and so that which hath influence into Religion and Reformation, is quite taken away, and nothing but matter of Profit is left.

The next Article is that that concerns the Kingdom of Scotland. First he begins with them in Ireland; contrives an Oath, which is set forth in the Articles, That they shall obey the Kings Royal Commands with∣out exception. This he enforceth, by Fining and Imprisoning them that disobeyed him: And so in all the other particulars when his Procla∣mations

were broken, his course was by Fine and Imprisonment to enforce an Obedience.

My Lords, He doth not only press them in their Estates, but strives to infuse into His Majesty an ill Opinion of them; he provokes and incites Him by all his Arguments, to lay down his Mercy and Goodness, and Ju∣stice, and to fall into an offensive War against that Kingdom. He gives out, that the Nation of them (not this or that man) are Rebels and Traytors: And if it please the King to bring him back to the Sword (in∣deed he is fit for that, it is a violent weapon) he will root out the Scottish Nation, Branch and Root; some few excepted of those that had taken the Oath.

When he comes into England, he find that His Majesty, with great Wis∣dom, had pacified those Storms and Troubles that threatned us there: Yet he doth incense the King still to follow this to an Offensive War, and prevails; He plots to call a Parliament, but with an intention (if it fur∣nished not his design) it should be broken, and he would set up other ways of force to raise Moneys of the Kingdom; and this fell out unhap∣pily: For thus far his project took, the Parliament was broken; and bro∣ken at the very time when the subject was in debate and consideration, how to have yielded Supply to His Majesty.

But that he might break it, he falsly informs the King, That the Par∣liament had denied to Supply him; there is his Counsel, that the Parlia∣ment had forsaken the King; and now the King having tryed his People, might use all other ways for the procuring and raising of moneys; and the same day wherein that Parliament was unhappily Dissolved, he gives his further Counsel to His Majesty, (which because no man can put such a Spirit of Malice into the words besides himself, I shall take the boldness to read) That having tryed the Affections of his People, he was loose and absolved from all Rules of Government; and he was to do every thing that Power would admit. And that His Majesty had tryed all ways, and was refused, and should be acquitted both of God and man. And that His Majesty had an Army in Ireland, which he might employ to reduce this Kingdom. It is added in the printed Book (to reduce them to Obedi∣ence) I know not who Printed it, but the Charge is only (to reduce this Kingdom.)

And (My Lords) you may please to consider, what a sad time this man took to reflect upon these bad Councels, when our Hearts were swoln with Sorrow for that unhappy breach of the last Parliament. And what doth he advise the King? what positions offers he? That he was absolved from all Rules of Government. If there be no Rule of Government, (My Lords) where is the Rule of Obedience? for how shall the People know to obey, when there is no Rule to direct them what to obey? He tells the King he was refused, which was untrue; for he was not refused to the last breath we had in Parliament: but we spake in that point, how to sup∣ply the King, and to prefer it at that time, before the Complaints of our just Grievances.

But what doth he fall into? that which in another Article we charge him with, a Plot and Conspiracy betwixt him and Sir George Ratcliffe to bring in the Irish Army for our Confusion, to root out our Laws and Go∣vernment; a pernicious Counsel. He says not you shall do it; but he that perswades it, doth as much as if in express terms he had councelled the acting of it. Doth he mean that we should be to his Irish Pattern; (for speaking of the Irish Army, consisting of Papists and his Adherents,

he said, that he would make it a Pattern for all the Kingdoms;) did he mean to reduce us to the Pattern that he had placed in Ireland? Surely he meant to reduce us to a Chaos and Confusion. He would have us with∣out all Rules of Government; and these be the means, wicked and cruel Councels, and the Cruelty of an Army inspired with his Spirit, and con∣sisting of Papists, Enemies of our Religion: And what Mercy could we of this Religion expect from Popish Enemies with Swords in their hands? That cannot but strike all English Hearts with Horrour and Dread, that an Irish Army should be brought into England to reduce the Subjects of England. I hope we never were so far gone in any thing, as that we should need an Army to reduce us. I cannot but say here is the Counsel of Haman, when he would in one day cut off all the Iewish Nation, and have the King intend a Favour to him. The King propounds a question, What shall be done to the man whom the King will Honour? Haman thought in his heart, Whom will the King Honour but my self? And so my Lord of Strafford having raised this Army, it was set up by him; and if such a Counsel as this was entertained, into whose hands should it be put? (here were Hamans thoughts) who should have the Power of it, but he that hath inspired it, and since maintained it.

Truly (My Lords) it was a desperate Counsel; and methinks the Counsel of Achitophel might have been compared to it: for when he had stirred up the Rebellion of Absalom against his Father, he perswades Absa∣lom to that which might breed an irreconcilable hatred between them. Yet a Father and a Son might be reconciled. But he that adheres to the Son in this case, might not so easily forgive. Therefore this Lord falls up∣on a Counsel which he thought would never be forgiven. A Counsel of irreconcilable difference, to subdue us by Force and Power; and takes away all possibility of Addressing our Complaints to the King, as he had done from those of Ireland; when he not only forestalls their Complaints, but by a Proclamation takes order, that none should come over too, with∣out his Licence; which was in effect, that none should complain of his Oppression without his good liking.

Some violent Speeches he uses, suitable to these Counsels, That no good would be done upon the Aldermen, till they were hanged; That the French King employed Commissaries to look into mens Estates; which will be insisted upon in their proper place.

Next, he levied eight pence a day for maintenance of the Trained Sol∣diers, against the Will of the Country, which he said was done by the consent of the Lords of the great Councel; which we know is untrue. And we shall prove it untrue in the other part, where he says, it was done freely, by consent of the Gentlemen of the Country: Most of them that did consent, were his own Friends, and Papists. But the Petition of the Country, (as to that part of it that concerns a Parliament) he rejected, because he would have no Parliament. And he prefers another in the name of the Country, and that he calls, The Petition of the Country.

And now I shall apply my self to the proofs; and shall take care to offer nothing, but what will fall out to be proved. And shall first apply my self to the first Article, concerning the Commission for the North parts; where an Arbitrary Power was thereby granted, as is used in the Star-Chamber and Chancery.

In the opening of it, first we shall produce the Commission of 8 Car. and that of 13 differs but little from it. We shall shew that these Clauses were procured by him to be inserted upon occasion of a Gentle∣mans, Sir Thomas Gore being Fined in the Court of Star-Chamber there, and his being Arrested by a Warrant from my Lord Wentworth here in London. We do not go about to prove that he solicited for this Com∣mission, but that he expressed his desire of it; and upon that it was granted.

We shall prove that it was executed in this high manner, that when Prohibitions have been taken out, he hath punished the parties, some he hath threatned; Nay, Money hath been given to those that were Defen∣dants in the Prohibition. And we shall offer this too, The Judge is dead before whom it was; but upon occasion of a Prohibition, he went to a Judge, a Reverend and Just man, Mr. Justice Hutton; what was said privately between them, we cannot tell; but we shall prove, that Mr. Justice Hutton complained with Tears in his Eyes, how that Lord used him about a Prohibition: And so we shall leave this Article with this. We shall not go about to prove Decrees, for which he might have Colour; but for these Clauses he could have no Colour, they never being in any Commission before.

[article 1]

THE First Article. The Charge.

THat the said Earl of Strafford the 21st day of March, in the Eighth year of His Majesties Raign, was President of the Kings Coun∣cil * 1.86 in the Northern parts of England.

That the said Earl being President of the said Council, on the 21st of March, a Commission under the Great Seal of England, with certain Schedules of Instructions thereunto annexed, was directed to the said Earl, or others the Commissioners therein named; whereby, among other things, Power and Authority is limited to the said Earl, and others the Commissioners therein named, to hear and determine all Offences and Misdemeanours, Suits, Debates, Controversies and Demands, Causes, Things and Matters whatsoever, therein contained, and within certain Precincts in the said Northern parts therein specified, and in such manner as by the said Schedule is limited and ap∣pointed.

That amongst other things in the said Instructions, it is directed, That the said President, and others therein appointed, shall hear and determine, according to the Course of Procéedings in the Court of Star-Chamber, divers Offences, Deceits and Fal••ties therein menti∣oned, whether the same be provided for by Acts of Parliament, or not, so that the Fines imposed, be not less than by the Act or Acts of Parlia∣ment provided against those Offences, is appointed.

That also, amongst other things in the said Instructions, it is directed, That the said President, and others therein appointed, have Power to Examine, Hear and Determine, according to the course of Procéedings in the Court of Chancery, all manner of Complaints for any matter within the said Precincts, as well concerning Lands, Tenements and Hereditaments, either Frée-hold Customary, or Copy-hold, as Leases, and other things therein mentioned; and to stay Procéedings in the Court of Common Law, by Injunction, or otherwise, by all ways and means, as is used in the Court of Chancery.

And although the former Presidents of the said Council had never put in Practice such Instructions, nor had they any such Instructions, yet the said Earl in the Month of May, in the said Eighth year, and di∣vers years following, did put in Practice, Exercise and Use, and caused to be used and put in practice, the said Commission and Instructions; and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in these parts,

and did Dis-inherit divers of His Majesties Subjects in those parts of their Inheritances, Sequestred their Possessions, and did Fine, Ran∣som, Punish, and Imprison them, and caused them to be Fined, Ran∣somed, Punished and Imprisoned, to their Ruine and Destruction; and namely, Sir Coniers Darcy, Sir John Bourcher, and divers others, against the Laws, and in Subversion of the same. And the said Com∣mission and Instructions, were procured and issued by Advice of the said Earl.

And he the said Earl, to the intent that such illegal and unjust Power might be exercised with the greater Licence and Will, did Advise, Coun∣sel, and Procure further directions, in and by the said Instructions to be given, that no Prohibition be granted at all, but in cases where the said Council shall excéed the limits of the said Instructions. And that if any Writ of Habeas Corpus be granted, the party be not discharged till the party perform the Decrée and Order of the said Council.

And the said Earl in the 13th year of His Majesties Reign, did pro∣cure a new Commission to himself, and others therein appointed, with the said Instructions, and other unlawful Additions.

That the said Commission and Instructions, were procured by the So∣licitation and Advice of the said Earl of Strafford.

Proofs touching the Commission for Government in the North, enlarged.

To the point of Star-Chamber Power.

THe Commission granted 21 Mar. 8 Car. was read, 19 Article, whereby my Lord as President, or in his absence the Vice-Presi∣dent, assisted, (prout in the Commission) are authorized to hear, end and determine, according to the Course of proceed∣ings in the Star-Chamber, all and all manner of Forgeries, Extortions, &c. And to Fine, &c. So as the Fines imposed be not less than by the Acts of Parliament is provided, &c.

Whence observe, That he would have power in Fining to go beyond, but not less than the Fines in the Act of Parliament. * 1.87

To the point of Chancery Iurisdiction.

Article 23. was read, whereby Power is given by Injunction, to stay Proceedings in any Court of Common Law.

Article 28. was read, whereby Power is given to send the Sergeant at Armes, and Attach in any part of the Realm of England; and to bring before the Lord President, &c. any person departing the Jurisdiction of that Court, after Commission of Rebellion sued forth.

Article 29. whereby is granted, That no Prohibition be granted in the Court of Westminster, to stay Proceedings in that Court. But in cases where the Court of the President shall exceed the Kings Instructions; and if any Habeas Corpus shall be sued forth for not performing the Order of that Court, the party Committed, not to be discharged, so long as such

Orders shall stand in force; and if any Fine be thereupon estreated, The Treasurer and Barons of the Exchequer to discharge it.

Whence observe, That the not granting of Prohibitions, or Habeas * 1.88 Corpus's, and the discharging of the Fines estreated, are new.

To the sending of Proces actually before these Clauses granted; and to the Earl of Straffords procuring the Clause to be supplyed, when he found the Defect.

Iohn Gore Sworn; and being interrogated how his Father was Arrested, and how long before this Commission?

Answered, That Sir Thomas Gore his Father, was Arrested in London, * 1.89 by a Sergeant at Armes; That his Father conceiving it to be out of the Instructions at Yorke, did Appeal to the Council-Table: That Mr. Mason argued for his Father, and made it appear, That the President and Coun∣cil had no Instructions to take a man without the precincts of the Court. That my Lord of Strafford fell on his Knees, and besought the King, That if his Instructions might not be so good as to bring in a Delinquent that had affronted the Court, if by stepping over the water he should go be∣yond the precincts of it, he might leave that Service, and lay his Bones in his own Cottage.

That his Father was Arrested in November, 1632. as he takes it, and was kept 18 Weeks before he was discharged.

Evers Gower Sworn, and Interrogated about the time of his Fathers Arrest:

Answered, That it was in November, 1632. and his Father kept in Prison 14 or 18 Weeks; but referred to his Brothers Deposition for a * 1.90 more particular Answer.

To the matter of Prohibitions;

Iohn Musgrave Sworn; was examined, Whether he knew of any Pro∣hibition sued forth in Vaux his Cause: And whether a Warrant were gran∣ted to Attach: What Threats my Lord of Strafford used to the party that sued it out, being after Octavo Caroli.

After some Exceptions taken to it by the Earl of Strafford, as not being within the Charge,

The Witness Answered,

That he knew of an English Suit between Musgrave and Vaux: That * 1.91 upon notice given by Musgrave, a Prohibition was procured; Direction was given, that an Affidavit should be made of serving the Prohibition. That Affidavit being made, a Warrant was directed to the Pursevant, or his Deputy, to Arrest Vaux. On which, he was Arrested, and Rescued. That after Affidavit made of the Rescue, a further Warrant was sued forth for bringing in of the Rescuers from London; which Warrant was now produced. That the Rescuers being thereupon brought to Yorke; and having lain several days in Prison, an Information was Exhibited by Sir George Ratcliffe, then the Kings Attorney at Yorke, by relation of Francis Musgrave: To which they did Answer. And after, upon full hearing, That before the Censure, he the Deponent, in Michaelmas Term, before 1632. did come to London on behalf of Francis Musgrave, to move the

Court of Common-Pleas, to have the Prohibition dissolved: And likewise Vaux did procure a Rule for a Prohibition in the Information Cause; which the Witness offered to shew under the Court Hand, That it was moved by Sir Robert Heath, that the difference might be referred to Mr. Justice Hutton, and Sir Robert Heath. That he the Deponent undertook for Musgrave, and Vaux did submit: That afterwards, by Sir George Rat∣cliffes direction, thinking it not fit to refer the Cause, it concerning the Jurisdiction of the Court of York. My Lord President being acquainted with it, the Reference went not on that Term, but stayed till the Presi∣dents pleasure was known; with which Mr. Justice Hutton was made ac∣quainted. That in December, upon his this Deponents return to York; and upon hearing the Information Cause, December 1632. Sir George Rat∣cliffe did offer to the Court, (the Lord President being there) whether he might go on in the Information Cause; (for that there was a Reference between Musgrave and Vaux, to Justice Hutton and Sir Robert Heath) or whe∣ther the Reference might go on or no? That the Lord President thereupon answered, That a Rule for a Prohibition, was no Prohibition; but if there were one, he would not obey it: And whosoever brought a Prohi∣bition there, he would lay him by the heels. And as he the Deponent re∣membred, he directed his Speech to the Register of the Court; and told him, there was a Letter from the King to that purpose: but that, he said, he could not very well remember. And as touching the Reference, my Lord said, It was a Cause that concerned the Jurisdiction of the Court of York; and no private man should end it: He would try the Jurisdiction of the Court upon it; and the next Term would go to London, and ac∣quaint the Judges with it; and if they remanded the Cause back again, so; if not, he would Appeal to the King in it.

That after Christmas, in Candlemas Term, 1632. He the Deponent went to London with my Lord, and moved again for dissolving the Prohibition, and for Liberty to proceed. That again it was agreed between the Judges of that Court, and my Lord, to have a Treaty: And several Treaties they had, but could not agree. The effect of the Treaty was, That if a Trial could be directed at Law upon a fained Action, I should go to Law, re∣serving the Equity to the Court; if not, that the Judges would remand the Cause back again. But after they had several days met, and no Trial could be directed, nor any Action devised at Law to try it, my Lord thereupon said, He would give no further meeting, but would Appeal to the King; and the party should Petition: On which, a Petition was drawn, which the Deponent offered. And the Judge speaking something of Vaux, my Lord said, he should not be in England, but he would have his Body; or words to that purpose.

F. Thorpe Sworn; being interrogated touching some words he heard Mr. Justice Hutton speak touching these Prohibitions, and some other things in that point,

He Answered, He would give the best account he could of what passed; being divers years since: That he was with Justice Hutton in his Study, * 1.92 and they had Conference together (as they had many times) touching that height that my Lord of Strafford was pleased to carry the business of York-shire with: And that amongst other things, my Lord was pleased to say, my Lord had been with him, and shewed himself very angry with him, because he had granted a Prohibition. And this is all he could re∣member; He took it to be seven years ago, and in the Cause that con∣cerned

Vaux, as he took it; and this was at London: And added, That the Judge spake with a great deal of Passion, to think things should be carried in that manner as they were, that the Judges should not have Li∣berty to grant Prohibitions: For the Judge said, that he had thus debated the business with my Lord, Why should you be angry for granting of Prohi∣bitions? They in the Kings-Bench can grant Writs of Error to examine our Proceedings; and we think it no offence, and hold our selves as able to Judge, as they: And it is the Justice of the Law that requires it to be so; and therefore you must submit to us, as we must submit to them.

F. Thorpe being asked what he knew of my Lord of Straffords distast against them that sued out, or solicited, or councelled Prohibitions, or Habeas Corpus's?

He first desired to be excused from saying any thing that concerned him∣self; but being commanded to speak,

He Answered, That he would speak nothing but the Truth, if he must do it, though he perish for it: And he professed, that he had not spoken in any place, to any person, what he was now to say.

That in the beginning of my Lord of Strafford's time, it fell to him, in his ordinary course of Practice, to move for a Prohibition; and on his motion some were obtained.

That he was informed by divers men, that my Lord of Strafford was much offended with him; and some spoke it to him by way of Threat, some others by way of Advice and Friendship.

That he should give over moving for Prohibitions, which he did not understand to be a fault, since the Justice of the Kingdom was, that they should be granted; and it continued a matter of a year after.

That then he took an occasion to go to my Lords House to Gantropp; and his Errand was, partly to present his humble Duty and Service to his Lordship; and in the second place, if he could have opportunity, and if his Lordship would please to speak with him, to give his Lordship satis∣faction in any thing he had done in that particular; because it was con∣ceived, he opposed the Jurisdiction of that Court.

That after he had the Favour to speak with his Lordship, (which was long first) He was pleased to say no otherwise than thus, I have nothing to say to you, you are one that oppose me: But at the present I have eased you of the Office of Justice of the Peace; so you need not trouble your self with that.

That he did humbly thank his Honour for it; for howsoever he meant it, he took it to be no dis-favour, but a Courtesie, he having been in three or four years, but not executing any Authority, it standing not with his occasions.

And his Lordship added, Hereafter you and I shall speak further of the businesse; That afterwards his Lordship met him in London, in the Inner Star-Chamber, he then attending on a motion day before the Lord Keeper, amongst others of his Rank.

That my Lord President was pleased to come behind his back, and lay his hand on his shoulder, and said, I Command you not to depart the Town. That the words were something strange to him; and not under∣standing well what his Lordship meant by it, he instantly went to his Lordship, and desired that he might know his mind, he not very well hearing him.

That his Lordship repeated the words again, I Command you not to depart the Town.

That for a matter of a Week, or such a thing, he did attend under this Command: And then applyed himself to his Lordship, by all Means and Friends that he could. He Petitioned three or four times; he is uncertain which: He made means, by Persons of Quality, to his Lordship, That his Lordship would tell him the place where he was to attend, or the Cause for what, or the Person before whom; but his Lordship was not pleased to give him any satisfaction: only thus much he received, That he was one that did oppose his Lordship, and he should attend. Seeing there was no Remedy, he made his Address to a Noble Friend present, and ac∣quainted him with the business; who was pleased to take the matter so to heart, as to move it to his Lordship.

That then he conceived the fault he had committed, The not paying the Knighthood money in York-shire. And his the Deponents Answer was, he had offered it, but was not chargeable by Law; for he had not 40 l. a year three years before the Coronation, as the Writ did enjoyn.

He speaks now of that which is not in the Charge; which ought not * 1.93 to be.

We desire he may proceed, leaving it to Your Lordships to sever that which is material, from that which is not material. * 1.94

F. Thorpe proceeded, and said, He could not say he punished him for the Prohibition; but he conceived, all did follow because he moved sometimes for Prohibitions: And that he had opposed his Authority and Power in York-shire.

I Appeal to Your Lordships Judgments, whether it be not out of the * 1.95 Charge; Mr. Thorpe could not search my heart to know the Ground of the Offence.

The Charge against my Lord of Strafford, is not only the Executing of * 1.96 these Instructions; but also the exercising of an exorbitant and unlawful Power and Jurisdiction, over the Persons and Estates of His Majesties Subjects, To which, the matter offered by the Witnesses, is material.

The Lord Steward, speaking to the Witness, said, Apply your self as * 1.97 much as you can, to the point in question.

F. Thorpe proceeded, and said, That he conceived the Question was asked him generally, What he could say concerning Prohibitions, or them that had to do with them.

That no man living hath less desire to speak of my Lord of Strafford, than he had; and if he had not been asked this Question on his Oath, and before that Presence, and on this Command, he should not have said it: For what he said now, he never had spoke before; and with what Sorrow he came now to speak it, he knew; and said, that he spake not this to any other purpose, but only, That these things which were done, were done on the occasion of the Prohibitions. For the matter of Knight∣ing-money, though it were made the cause of staying him in London, yet, under favour, (he said) That was not, nor could be the Cause; For he had offered it below in the Country, only thus, That he was not Charge∣able by Law, but very willing to pay it, if my Lord would have him pay

it; so he might comply with his Lordship, or serve any occasion wherein his Lordship was employed.

And therefore that of Knighting was the occasion taken, yet he con∣ceived that was not the true occasion. And lastly, that after he had been kept 12 or 14 days under this Command, his Lordship was pleased (on that which passed between that noble Lord (my Friend) and his Lordship) to give him leave to go home, and then he paid the money.

We desire the Witness may not conceal any thing, but speak it; and being demanded accordingly. * 1.98

F. Thorpe answered, There was another particular happened on him; * 1.99 and though another occasion was taken, part came from the said Root, but he desired to be pardoned in not speaking of it.

Being required to speak, and to set forth what time this was, and what that Noble mans name was, who, upon my Lord of Straffords motion, pro∣cured him liberty.

F. Thorpe answered, That he conceived the time to be about the Knighting-money business, and the Lords name was, My Lord Goring.

Your Lordships may observe this was long before the Commission in * 1.100 8 Car. and some two years after my Lord of Strafford came to the Place.

Being Interrogated further, Whether he or his Clients have forborn to move in that Cause of Prohibitions out of fear of my Lord of Strafford.

He answered, For his own particular he hath forborn, and durst not * 1.101 adventure it, nor any that had to do with him in those parts, as he knew, durst move till of very late; For he knew very well the price of my Lord of Strafford's displeasure.

Being asked if he knew any thing of the Case of Leyton, about a Prohi∣bition.

He answered, He knew nothing of it.

I humbly desire, with your Lordships leave, to interpose a Question. * 1.102

We desire that our Witness might first be heard out, and we shall not * 1.103 interrupt my Lrod of Strafford in asking what questions he pleases in his just defence.

Let the Witness proceed. * 1.104

To your Lordships Order, and in all things, I shall pay Obedience, I * 1.105 desire nothing in the World but a clear understanding of the Truth in this business, and so I am sure every man doth that hears me; and without Offence, and with all Reverence, I humbly offer, That the Witnesses may stand apart from the Committee for the Commons, the Committe asking the Witnesses many questions, which I conceive, by your Lordships Rule, should be asked by your Lordships only; For which I crave pardon, if I have offended in moving of it, I standing for my Life, and which is dearer, my Honour, and my Children.

Their Lordships Rule hath been kept, and things shall be carried clearly on all hands. * 1.106

We desire the Witness may proceed to speak concerning his own Impri∣sonment; * 1.107 and the Lord Steward Interrogating him accordingly, he kept to the same Point.

F. Thorpe proceeds, saying, That he could give no other ground for it, * 1.108 though another occasion was taken, yet he conceived the true ground, because he was too busie in medling with Prohibitions.

That the Pursevant attending the Council at York, came to his house, and carried him before the Lord President and Council, where he attended a day, and then had liberty to speak with my Lord; That his Lordship was pleased to tell him, there was an Accusation against him, but they that laid it were not come to Town, therefore he must attend; and that they were his betters, and therefore he had reason to attend: He desired to know what it was, but could not have that favour; but some eight days after (being in the mean time in the Pursevants Custody) he was brought to the Council-Table again, and his Lordship sitting at the upper end, commanded him to kneel, he coming as a Delinquent; which he did accordingly, bringing with him a spirit of submission, knowing very well his ruine depended on his opposition, and on his rising, his Lordship was offended, he stayed no longer kneeling.

Afterwards a Letter was read from some Gentlemen in the Country, wherein they had written, That I had spoken at the Sessions a little more than became me to the Court, in defence of a Client, on a Traverse to an Indictment. And what they had written (I confessed) was very true; for it was thus; upon the Traverse of an Indictment, the question being, Whether the bare Indictment were Evidence to the Petit Jury, I did say it was no Evidence, and I desired to Appeal to the Judges. My Lord Pre∣sident was pleased to say, He would teach me to know, there were other men for me to complain to, viz. The President and the Council. I told his Lordship, I was ready to complain to any where I might have Right: And I Appeal to the Kings learned Council, Whether it was not Law what I spoke. I was then put out, and direction sent, I must find Sureties, and make publick submission at the Sessions for saying these words: I did find Sureties, and when I went to Sir W. Ellis to enter the Recognizance, He told me, I am sorry, but I cannot help you, for my Lord of Strafford over-ruled us; and you are to be bound to the good Behaviour, and make submission at the Sessions: And he said further, That what he was enjoyned, he did perform. And all this, I conceive, originally grew, for that I did oppose the Jurisdiction of the Court at York, and not for the Causes pretended. And this binding to my good Behaviour was eight or ten years ago.

And being further asked, Whether he knew of any other that had been oppressed with this Exorbitant Power, or no?

F. Thorpe answered, He had heard of many, but he was not present at their Commitment, nor saw their Orders, and can say nothing of his knowledge; only he knew Sir Thomas Gore was under Custody.

George Hawes was produced next, and interrogated, What he knew of * 1.109 Sir Conyers Darcies Fining.

I confess I was there, and gave consent to his Fining; but it was not by vertue of the said Commission, for it was before my time. * 1.110

The Manager did now sum up the Evidence, and my Lord of Strafford's Answer was expected.

I desire a little time to retire: And after some debating thereof be∣twixt * 1.111 his Lordship and the Committee, It was Resolved his Lordship should have some little space to rest, and peruse his Notes at the Bar, which the Manager alledged to be unusual in any Court of Justice in a proceed∣ing of this Nature.

My Lords, there is a great deal of difference betwixt the Case of a man * 1.112 that answers for a bloody, hainous, and known Treason, by the Statutes of the Realm, before the Lord Steward and his Peers, in an ordinary way of proceeding; and him that answers a mixt Charge, partly Misdemeanors, and partly (as apprehended) Treason. There is nothing in this that can be Treason, and when 1000 misdemeanors will not make one Felony, shall 28 Misdemeanors heighten it to a Treason? And in that Point, in due time, I shall desire my Council may express themselves, Whether any thing in this Charge (admit it all to be true) be Treason, that if they be but Misdemeanors, I should be admitted Council, and examine Witnesses by Commission. I had no leave to summon a Witness before Friday last, and the greatest part of my Proofs and Charge comes out of Ireland; and to be debarred from these, under pretence of Treason, I conceive to be, in this Case, a little severe. But I shall proceed to my Defence.

And first, As for the Instructions which I am charged withall, being * 1.113 21. March, 8 Car. they were not procured by me, I knew nothing of them.

The Commission and Instructions to the President and Council of York, are of course renewed on the death of one of the Council of the Fee in Ordinary, and the putting in of a Counsellor at large, is only by Letter.

Sir Arthur Ingram, who was Secretary, going out, and Sir Iohn Melton succeeding, these Instructions of 21 March 8 Car. were renew'd.

That in the Case of such Renewing, the Kings Councell of the Fee, do, by the Secretary, offer the Kings learned Council such things as they con∣ceive conducing to the clearing and bettering of the Kings Service in those parts: And it finally comes to the Lord Keeper or Lord Chancellor, and they agree it.

I protest that I gave no direction in these, nor do I conceive any thing offered, proves me to be the man that procured them.

As to the Execution of it, from the date of that Commission to this hour, I did never one Act, nor stayed a minute as President of the Coun∣cil of York. The Commission being granted 21 March Oct. Car. and I went towards Ireland in Iuly following, which I can prove by my Servants, if they might be sworn. And before I be convinced of a Misdemeanor, I conceive they must be sworn: But that now I answer only to Treason.

If I were neither privy to the taking out of the Commission, nor any way employed in the executing of it, I Appeal unto your Lordships, and the Gentlemen of the House of Commons, Whether I can be charged as Criminal, as to this Commssion, or any thing that proceeds from it.

As for the Sentence against Sir Conyers Darcy, it was Just, and he com∣plained not of it: Of which I have a Copy, and desire it may be read.

That from the first Institution of the Court of President and Council at York, That Court had both a Star-Chamber and Chancery Power; as will appear by all the Instructions before that time.

That if there be an Errour in a Judge, so that he give a Sentence other∣wise than a man of better understanding conceives reason for, there is no cause it should be heightned to a Treason, to take from him his Life and Honour, and all he hath, meerly because he was not so wise a man as he might have been, nor so understanding as another: And if this be prest on Judges, I think few Judges will serve. And for my part, I had rather go to my Cottage, as the Witness saith, then serve on these Terms.

The Charge lays it to be done in May, 8 Car. and divers years follow∣ing, and the Instructions came not in time till the 21st Mar. 8 Car. which I conceive to be a mistaking of the year.

That as to the Sentence of Sir Iohn Bourcher, which is charged upon me, but not insisted upon by the Gentleman, I was no way acquainted with the beginning, proceeding, or ending of the Cause, being all that while in Ireland; so Your Lordships may observe with what uncertainty men may speak, that do inform in such Cases.

That of the Commission, the 13th of the King, with which I am like∣wise charged, as the Procurer of it, I had no more knowledge, than of that which was most forreign; being at that time in Ireland, and the Com∣mission renewed of one of the Council in Fee.

I shall now descend to Proofs.

That the Commission 8 Car. was renewed upon Sir Iohn Meltons coming to be Secretary, instead of Sir Arthur Ingram, The Committee admit∣ted it.

To the Testimonies given by the Witnesses, I observe, That Iohn Gore, the first Witness, speaks nothing to the renewing of the Commission, but to his Fathers Commitment; and that was in November, but what year, Non liquet. But this is not within my Charge, therefore I shall not An∣swer to that; Though if it were in Charge, I doubt not, but in that, and every thing else, I shall give an account of an honest and just man, not to say of a discreet, and a wise man.

That for the Testimony of Iohn Musgrave, it contains nothing within my Charge: and I can say nothing to it, but by way of Divination. And he is but a single Witness; And therefore I conceive, shall hardly be able to convince any man of High Treason, hardly of a Trespass.

That what Iohn Musgrave speaks of, is grounded on a question of the Jurisdiction of Courts; and one rule of our Law is, Boni judicis est am∣plicare Iurisdictionem. And why the enlarging of a Jurisdiction should be heightned to a Treason, I Appeal to Your Lordships Nobleness, Justice, and Honour, to consider; for I think there are none in place of Judica∣ture, but they will desire to enlarge their Jurisdiction, as far as in Reason and Justice they may: And it is a chast Ambition (if rightly placed) to have as much Power as may be, That there may be Power to do the more good in the place where a man lives.

For F. Thorpe's Testimony, I observe, That I have nothing to say to him of Exception; but that he speaks nothing to the purpose, nor to any thing in the Charge, I being Charged with the Execution of the Com∣mission

8 and 13 of the King; and all he speaks of, is precedent in time: And what he says, is by hear-say from Mr. Justice Hutton, and Sir William Ellis. I do not remember my Lord Gorings speaking to me about Mr. Thorpe, it being 12, 13, or 14 years ago. I have put in my Answer, and if that be not Impeached by Testimony of Witnesses (as it is not) I conceive it ought to be allowed.

I desire to produce Witnesses, wherein I have Liberty; but not to ex∣amine on Oath.

And first, To the time of my going towards Ireland.

His Lordships Secretary being interrogated;

He Answered, That his Lordship went from London 8 Iuly, 1633. towards Ireland, the 9th year of the King.

Mr. Railton, To the time of his Lordships going towards Ireland, said,

That 8 Iuly, 1633. My Lord began his Journey into Ireland, being the Ninth year of the King.

The Committee for the Commons, admitted that he went over in * 1.114 Iuly, 1633.

To the time of my Lord of Straffords coming from York;

Mr. Thomas Little says, His Lordship came from York in Ianuary was eight years, and returned not to York till 1636.

To his Lordships doing any act as President of York, since the said New Commission of Octavo Caroli;

Mr. Thomas Little says, That since the date of that Commission, his Lordship never sate as President of the North, in any Cause what∣soever.

His Lordship offered to prove his being in Ireland when Sir Iohn Bourcher * 1.115 was censured by the Vice-President and Council; But the Commons not pressing his Lordship in that matter, he said, If it be granted, I have done.

To the Earl of Straffords being in Ireland when the Commission 8 Car. was renewed.

Mr. Thomas Little Answered, being questioned, My Lord was in Ireland at that time; he went over in 1636. having come over in November be∣fore; and was not in England again till 1639.

And so (My Lords) I conclude my Defence, That I am charged only * 1.116 with procuring and executing the Commission.

And this Answer I humbly offer and submit.

Iohn Gore speaks particularly of the occasion of enlarging the Com∣mission, * 1.117 upon the Arresting of his Father.

That my Lord of Strafford fell on his Knees, desiring from His Majesty an enlarging of his Power; else that he might go home: So going out of England in Iuly after, the Commission answers to the Procurement that was before.

That which his Lordship hath answered to F. Thorpe, That the things by him complained of, were in the time before the Commission, may be used as an Argument, That he was privy to the Instructions.

We produce I. Musgrave, only to shew my Lords Violence about Pro∣hibitions, before this Commission was procured; He growing so high, a lit∣tle before, That he would lay them by the Heels that brought the Kings Writ; The Council were awed, that they durst not demand Justice: So that the procuring of it, suited most with his Design.

That his Witnesses had little contradicted what the Witnesses for the Commons had said.

That whereas it is said, the Charge is not Treason; if the Fact shall ap∣pear to their Lordships, satisfaction will in good time be given. That though this particular is not Treason, yet all the parts of it amount to the Subversion of the Laws of the Kingdom; That is prest as Treason, and this as an Evidence.

That for the second Commission, it follows as the other; if he procured the one, he is guilty as if he procured both, it being the same Power still.

[article 2]

THE Second Article. The Charge.

THat shortly after the obtaining of the said Commission, dated the 21st. of March, in the Eighth year of His Maiesties Reign, (to * 1.118 wit) the last day of August then next following, he the said Earl (to bring His Maiesties Liege People into a dislike of His Maiesty, and of His Government, and to terrifie the Iustices of the Peace from execu∣ting of the Laws: He the said Earl being then President, as aforesaid, and a Iustice of Peace) did publickly, at the Assizes held for the County of York, in the City of York, in and upon the said last day of August, declare and publish before the People there attending for the Administra∣tion of Iustice according to Law, and in the presence of the Iustices sitting, That some of the Iustices were all for Law, and nothing would please them but Law; but they should find, That the Kings little Finger should be heavier than the Loyns of the Law.

WE are come now to the second Article, touching words spo∣ken * 1.119 of the King, That the Kings little Finger should be heavier than the Loyns of the Law.

For that, we desire to produce Witnesses, and they will shew how my Lord of Strafford is mistaken in his Answer: Or if he says true, As he slanders the King in one sense, so he slanders the Law in another.

Witnesses produced.

William Long Sworn, and interrogated, What words he heard my Lord of Strafford speak concerning the comparison between the Kings little Finger, and the Loyns of the Law, On what occasion, Where, and at what time?

Answered, When Sir Thomas Leyton was Sheriff of York-shire, 1632. * 1.120 (as he takes it) My Lord of Strafford being there, he heard his Lordship say these words,

That some, nothing would content but Law; but they should know, The Kings little Finger should be heavier than the Loyns of the Law: And this was spoken in the place where the Judges sate in York-Castle, at the Assizes that year.

The occasion he knew not, but it was publickly spoken; and as he thought, my Lord did not then sit on the Bench, but stood at the Barr.

Sir Thomas Leyton was Sworn; and being thick of hearing, the Manager was directed by my Lord Steward, to interrogate him to the effect afore∣said;

Who Answered, My Lord said, Some would not be satisfied but by Law; but they should have Law enough; for they should find the Kings * 1.121 little Finger, to be heavier than the Loyns of the Law. His Lordship being on the Bench then with the Judges at that time, and abundance of the Country being there then at Lammas Assizes, at the Castle-Bench; And he thinks it was 1632. or 1633. but he knew not the occasion.

Marmaduke Potter having been examined as a preparatory Witness, and since being deceased, it was desired his Deposition might be read.

The Lord Steward declared, That the Examinations of those prepara∣tory * 1.122 Witnesses, should be read, in case any should be dead.

To prove Marmaduke Potter's death, Thomas Harrison was Sworn: Being interrogated what he knew concerning the death of Marmaduke Potter:

Answered, That since his coming out of York-shire, he heard a report * 1.123 from his Neighbours, that M. P. is dead and buried, That he the Deponent, lived a Mile from the said Marmaduke Potter; which is Ninescore and Ten Miles from this place; but he heard no particular of the day of his burial.

The Examination of Marmaduke Potter, Gent. taken Ianuary, 1640. to the 10th and 11th Inter. He saith,

That about eight years since, when Sir Thomas Leyton was Sheriff of York-shire, he heard the Earl of Strafford make a Speech publickly at the Bench at Summer-Assizes; and he said then, That the Kings little Finger should be heavier than the Loyns of the Law.

I know not whether it were material for me to Answer this, or no; but as the Charge is laid, it is impossible I should be guilty of the words: For * 1.124 it is laid to be the last of August, next following the 21st of March, in the Eighth year of His Majesties Reign; which falls out to be when I was in Ireland.

But I desire not to stand on such Niceties, but that Truth may appear.

The words confessed in my Answer, are quite contrary, being, That the little Finger of the Law, was heavier than the Kings Loyns. And that I set forth in my Answer, and the occasion of them; which these Wit∣nesses do not, or else will not, remember. The occasion was this:

There came divers Levies in the year when Sir Thomas Leyton was She∣riff, for divers great sums of money for issues in the Knighting-business, on some that had compounded, and paid their money to me, the Receiver of that money then, and by me answered in the Exchequer; yet these Issues came down, through some Errour above, and were levied with very great rigour by Sir Thomas Leyton.

When I came down, I spake with Sir Thomas Leyton, and shewed him how the men were injured; and did desire him to return the money to them again, and I would see him discharged in the Exchequer, which he was contented to do. And then, to give satisfaction to the Country, I told

them, That that Commission was a Commission of Grace and Favour, and that their Compounding with the King, was an ease to them, and much greater ease than by a proceeding at Law would have fallen on them, the very first Issues being three or four times more than they had compoun∣ded the whole for. And thereupon I applyed that Speech, That the little Finger of the Law was heavier than the Loyns of the King. For if I should then have fallen to threaten them, I had spoken contrary to the end I had proposed, which was to incline them: And further, that not one of the Witnesses spoke any thing to the occasion of the Speech.

That it is long since, and was never yet complained of; and that man must have a stronger memory than I, that will undertake to swear posi∣tively the very words spoken seven or eight years ago: And, under favour, he ought to have better Ears than Sir Thomas Leyton, who appears to have such an infirmity in hearing, that he must now be whoopt to at the Barr, before he can hear; and sure his sense of hearing is much decayed, else he could not have heard me speaking at that distance to the place where the Sheriff sits in an open place, as far distant, as from the Barr where I now stand, to my Lord Steward, or very near.

Dr. Duncombe being asked, Whether he came accidentally to York that day? and what he heard the words repeated to be?

He Answered, He came from Durham, being sent for on other occasi∣ons; * 1.125 That he was at York in his Journey from Durham, the first day of the Assizes; and being at Dinner at Dr. Stanhopps, there came a Gent. Sir Edward Stanhopp, who called Dr. Stanhopp Uncle, from the Assizes. That the Doctor asked what news, specially concerning my Lord Presidents Speech, he told them, that he prest hard to hear, and could tell some passages of it. Then they asked what they were, says he, My Lord Pre∣sident was speaking of this, That the way of the Prerogative was in some particulars, easier than the Common Law: And in his expression, he said these words, The little Finger of the Common Law, is heavier than the Loyns of the King. This the said Sir Edward Stanhopp told him, in the presence of divers others, who he thinks, do remember the words were so related; and that he had related them often since, and never took it otherwise, till he saw it in the Charge; and there it was clear other∣wise.

And upon further question, at my Lord of Straffords motion,

He Answered, That he never acquainted my Lord of Strafford that he could say any thing in this, till Sunday night; and then talking with Sir William Pennyman, he told Sir William the story.

My Lord of Strafford desired Sir William Pennyman might be heard; * 1.126 and humbly acknowledged the Favour that had been done him by the House of Commons, in giving liberty unto it upon his suit.

Sir William Pennyman being asked, whether he was present at the time when my Lord of Strafford spoke the words of comparison, between the Kings little Finger, and the Loyns of the Law; what was spoke, and what was the occasion:

He Answered, That he was present at the Assizes at York at that time, and heard my Lord speak these words in another order and position, than is testified by these three Witnesses. And in truth (he said) he could wish he spake now on his Oath, for he knew he spake on much disadvantage; The occcasion was this, A Rumour was cast up and down in the Country, That

my Lord of Strafford had received great sums of money concerning Knight∣hood, which he had detained in his own hands, and not paid into the Ex∣chequer; Hearing of this, his Lordship thought himself much wronged in it, and took occasion to vindicate himself; and there spoke of it, and told them, (to the best of his remembrance) there was some omission on the Secretaries part, or some of the Officers of the Exchequer. Hereupon my Lord took occasion to discourse of the Legality of Knight∣hood-money; and told them, Gentlemen, you may see this is a Com∣mission of Grace and Favour: for whereas you may compound with the King for a matter of 20 or 30 l. you have in two or three Terms, run in∣to great sums. He added, That he did not remember the proportion; but the Inference was, So that you may see, that the little Finger of the Law, is heavier than the Loyns of the King.

One of the Managers desired he might be asked, by what means this * 1.127 was brought into his memory, and how long since:

He Answered, He had the retention of it in his memory before; but it was revived on occasion of these Articles, when they were exhibited.

It is enough, and he did his Duty well, that being a Member of the * 1.128 House of Commons, he never informed the House of it.

My Lords, I desire my Answer may be read; wherein, the occasion, and * 1.129 the words, are directly set forth, quite contrary to those in the Charge; and I protest, that I will take my Oath on it, That it was so.

And my humble request is, That no Witness I produce, may be preju∣diced for any Testimony he shall give here, being with the Liberty and Allowance of both Houses. For if they should be discountenanced, nay, punished for it, I should think my self a very unhappy man indeed; and rather than I should prejudice any man in that kind, I profess, I would put my self on Gods mercy and goodness, and not make use of any Member of either House, (and my principal Witnesses must be of both Houses) rather than acquit my self by their prejudice; for I accompt it an unjust thing, to overthrow another to save my self.

The Testimony of a Member of the House, hath great credit in the * 1.130 House, and they take not the least exception against Sir William Pennyman, for any thing he said before their Lordships, but wish he may speak with clearness and truth; but had he informed this particular himself to the House, he had done my Lord of Strafford more right, than by not inform∣ing, to let it come in Charge; and bring in his Testimony contrary to his Vote. When a Witness hears a thing in question, though it be not requi∣red of him, certainly he should vindicate the Reputation of his Friend, in contradicting it in season, but it is not so done; and certainly his silence to the House, was not well.

My Lords, This concerns me nearly, This Gentleman, Sir William Pennyman, is my Noble Friend, and a Worthy Gentleman; and I would * 1.131 give him my Life on any occasion: but I know him to be a Person so full of Virtue and Nobleness, that he would not speak an untruth for all the world; perhaps he might not think fit to speak it in the House, men are left at their liberty.

The Charge came out in Print very lately, and whether Sir William Pennyman might know any thing of it, I leave it to those that better understand it. But with this humble Request to the noble and worthy Gentlemen of the Commons House, That they would please to regard it so, that no man may suffer by me, I protest I had rather suffer ten thousand times my self.

The business concerns the House of Commons, the Committee knows not how they will apprehend it; But it is only offered, That the Judg∣ment * 1.132 of the House of Commons may not be prejudiced.

The Lord Steward concluded this matter, That his Lorship is put upon * 1.133 the Trial of his Peers, who will give him all fair Respect. That his Lord∣ship shall be denied no just way for his clearing, that he could say nothing in the Name of the Lords to this particular that's come out on the present, nor these Gentlemen in the name of the Commons, only he may be sure to find all that is fit: which my Lord of Strafford said he doubted not, and hoped their Lordship would pardon him for moving it, it concerning him very much.

As to the mistake in point of time, the Commons laying it to be after * 1.134 the Commission 21. March, 8 Reg. and prove it to be before the time, is not at all material. The offence is not that he spake it on that day, but that he spake the words.

The Exception to Sir Thomas Leyton's Testimony, that he had need to have better Ears; he is a Gentleman of worth, his Deposition is an Oath, and he knew best what he heard; the truth is, he stood within little distance of my Lord when he spake the words, and hath not been deaf above two months, and two other Witnesses concur fully with him.

For Doctor Duncombe, whether he be the man that laid Aspersions in the North on some Noble Lords, I know not; but his Testimony only is, that he heard so from one that spake it at the Table, not upon Oath, and not knowing what use would be made of it. And another Witness shall be produced, that will speak to the occasion, and that it was not the matter of Knighting-money.

Sir Thomas Leyton being asked how long he hath had this Infirmity in his hearing.

Answered, That he got a great Cold since he came to Town, and had this Imperfection since Christmas, and had his hearing well before.

Being asked how far he sate from my Lord of Strafford.

He Answered, Four yards off.

My Lord of Strafford desired it might be asked the Witness, Whether he sate on the Seat where the Sheriff uses to fit, he answered Affirmatively. His Lordship excepted against his Testimony, himself sitting where the President uses to sit, betwixt my Lord Chief Baron and Mr. Justice Ver∣non: And he Appealed to my Lord Chief Baron, Whether the Presidents Seat and the Sheriffs Seat, be not as far distant, very near as far, as from his Lordships then station to the Lord Steward.

But the Committee observed it not to be material, that there should be any Geometrical measure, but be three, four, five, six or seven yards off.

Here the Committee offered other Witnesses, but my Lord of Strafford desired their Lordships Judgment, Whether they should not bring all toge∣ther, which the Lord Steward declared they might as to this Point.

Sir David Fowles being produced, was excepted against.

My Lords, He is no competent Witnesse, he lying in the Fleet, on a Sentence in the Star-Chamber at my Suit, being fined for divers things he * 1.135 had said, which concerned my self, which depended on this in question, and conducing to it.

He comes not at his own Request or Suit, but in a Suit that concerns * 1.136 His Majesty and the Commonwealth, and might offer the Presidents own Rule in the Case, but that the Law speaks for him; that a Witness ought to be heard in this Cause, though there have been particular ill affections between them, and your Lordships well know how to compare him with other Witnesses, and to value him accordingly.

This hath been Resolved in the Case of Sir Pierce Crosby, that he should be sworn, and then value his Testimony, as the Lords shall see Cause, and * 1.137 this may be put into the same way.

Sir David Fowles being sworn, the Lord Steward put them in mind of the former Caution, that their Lordships would judge the value of his Testimony, the Committee not admitting what was excepted against him, he being not to obtain any thing for himself, nor his own Interest con∣cerned, but produced for the King and Commonwealth, and therefore an indifferent Witness in the Case.

And then being Interrogated, touching the words of Comparison be∣tween the King's little Finger and the Loins of the Law, whether he heard them, and the occasion.

Sir David Fowles answered, He heard him say the very same words, * 1.138 That there were some for Law, and nothing but Law; but the King's lit∣tle Finger should be heavier on them than the Loins of the Law. The occasion he cannot well remember; but there was some discontent taken by my Lord against him he being desired by a Messenger to levy Mony to mend a Bridge, he told the Messenger, He could not well do it of himself, for there was a Statute, as he took it 24 H. 8. that appoints four Com∣missioners to be at the doing of such Service, and he being but One, durst not undertake to do it: Besides, he said, He must see an Order or War∣rant from the Sessions, else he could not do it, and none was shewed. Some other Exceptions he took to the unlawfulness of the business, and the Messenger reported this to my Lord, and that he conceived was the cause my Lord broke out so violently against him.

But being Interrogated on what occasion the words in question were spoken.

He answered, Before my Lord went to Ireland, he made a Speech to the whole County, and desired them to go on in their Service; and so brake out, Some are all for Law, but they shall find the Kings little Finger heavier on them than the Loins of the Law. And this is all he can re∣member.

Sir William Ingram sworn and examined, touching his knowledge of these words.

Answered, That he was on the Bench at that time, Sir Thomas Leyton was Sheriff, and he heard my Lord speak these words; Some of you are all for Law, but you shall find that the King's little Finger is heavier than the Loins of the Law, but he doth not remember the occasion.

The main point I must insist on is, That the very words, if they had been spoken by me, as they are laid (concerning which, I call God to wit∣ness, * 1.139 I have spoken the truth, and the occasion.) It is no Treason within the Statute. And that being a point of Law, I crave leave to reserve my self according to your Lordships Order, that my Counsel, in time fitting and proper, may speak as concerning that in point of Law.

We shall close this Article, the last thing mentioned by his Lordship * 1.140 was spoken to before; as to the words, we had five Witnesses express in the Point, and therefore shall expect your Lordships Judgment in that. And so the Court was adjourned.

The Fourth day. Thursday, March 25. 1641.

[article 3]

THE Third Article. The Charge.

THat the Realm of Ireland having béen, time out of mind, annexed * 1.141 to the Imperial Crown of this His Majesties Realm of England, and governed by the same Laws: The said Earl being Lord-Deputy of that Realm, to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government, and intending the Subversion of the Fundamental Laws, and setled Government of that Realm, and the destruction of His Majesties Liege-people there; did upon the 30th day of September, in the Ninth Year of His now Ma∣jesties Reign, in the City of Dublin (the chief City of that Realm, where His Majesties Privy-Council, and Courts of Iustice do ordinarily reside, and whither the Nobility and Gentry of that Realm do usually resort for Iustice,) in a publick Speech, before divers of the Nobility and Gentry of that Kingdom, and before the Mayor, Aldermen, and Re∣corder, and many Citizens of Dublin, and other His Majesties Liege∣people, declare and publish, That Ireland was a Conquered Nation, and that the King might do with them what he pleased: And speaking of the

Charters of former Kings of England made to that City: He further then said, That their Charters were nothing worth, and did bind the King no further than he pleased.

I Humbly move your Lordship, That since diverse things were spoken * 1.142 by the Witnesses Yesterday, which I conceiving not material as to the Charge, forbore to answer to them, whereby I understand I have received some prejudice; therefore I desire I may now give satis∣faction therein, being well able to do it.

We hope your Lordships remember your own Order. We desire he may not have that allowed him to day, which was not granted him Yester∣day. * 1.143

The Evidence having been given for His Majesty, my Lord of Strafford having answered, and the Commons Replied: Touching which the Lord Steward declared, that the due Course had been followed; The Evidence being given for the King, my Lord having Answered, and a Reply made.

My Lord, this is a Court of Honour, which is a Rule to it self, and no other Court is a Rule to it; and therefore if any thing were omitted one * 1.144 day, through want of memory, your Lordships may in your Nobleness allow another. Your Lordships being your own Judges and Rule, and most fit it should be so. I do therefore beseech your Lordships, that I may have liberty to offer new matter formerly omitted, else I shall be on great disadvantage, being to answer on a suddain, and had no time till Friday last to bring in Witnesses, and many perhaps may come up before my Trial ends.

We desire in the Name of the Commons of England, we may proceed according to the Rule propounded, that his Lordship may not invert the * 1.145 course on pretence of new matter, for then it will be impossible for us to make good the Charge: (Which was accordingly Resolved) adding further, that there hath been ostentation of more Evidence, We desire it may make no Impression with your Lordships.

We shall open the Third Article, containing very seditious words, spo∣ken by my Lord of Strafford, in a publick Assembly, to the Kings Subjects, * 1.146 That Ireland is a Conquer'd Nation, That the King may do with them what he pleaseth: And speaking of the Charters of Dublin, He said, The Charters are nothing worth, and binding the King no farther than he pleases.

I humbly desire, My Lords, that the Witnesses may stand in another Room from the Committee, it being not usual in other Courts, though I * 1.147 dare not offer any Court to be a Rule to this, and that your Lordship will direct the question.

We have been sensible his Lordship hath been large in his Imputations. We shall behave our selves as becomes us in duty; we speak nothing to * 1.148 the Witnesses, but what any man may hear, and we must tell them what they must speak to, and less we cannot do.

I am the loathest man in the World to speak any thing that may give offence in general or particular; neither did I charge any, only desired * 1.149 that they might stand clear, and that the question might come immediately to them from your Lordship.

Robert Kennyday produced and sworn.

I humbly offer to your Lordships, That this Witness hath been question∣ed * 1.150 for many Misdemeanors, and extortion in execution of his Place, as Remembrancer of the Exchequer, and for this was sentenced; and that he knew he wished his Lordship no great good; and left it to their Lord∣ships, Whether he be a fit Witness, adding it to be his Misfortune, That all that have suffered under the Kings Justice in his Ministry, are ready to be Witnesses against him.

My Lords, if he be guilty of Extortion, it follows not that he is there∣fore * 1.151 guilty of Perjury, neither doth any thing stand proved: But if he hath taken a sum of Money, that makes him not to be believed when he gives Testimony.

Robert Kennyday being examined what words my Lord of Strafford spake * 1.152 in Dublin, of Ireland, Whether it was a Conquer'd Nation, and what he said of the Charters of Dublin, and when.

He Answered, That 30. of September, 1633. he was the Kings Remem∣brancer in Ireland, and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech, touching the Presentment of the Mayor, cited many of the Favors and Graces of the Kings and Queens of England, and, among the rest, one Charter, wherein he alledged was contained; That no Lieutenant, Deputy, or Governor for the time being, or any Justice or Justices could assess, or lay any Soul∣diers on the City of Dublin, without their consent. That after the Re∣corder had made an end of Speaking, my Lord Lieutenant was pleased to Answer him in many Particulars: Among the rest, he told them, You are a Conquer'd Nation, and the King may do to you what he pleases, and for your antiquated Charters, they bind nothing farther then pleases Him.

The Witness added some things, to take off the Aspertions cast on him by his Lordship, saying, He was never brought to Censure.

Being asked on my Lord of Strafford's Motion, Whether he said they were not void by misusage, or the like.

He answered, No truly, Not a word that he heard.

Richard Earl of Corke produced and sworn.

I must profess, My Lords, my sorrow and unwillingness to speak my Ex∣ceptions to the Earl of Cork, as conceiving him no competent Witness, in * 1.153 respect of an Information exhibited against him in the Castle-Chamber, by the King's Attorney there, which I desire may be read, and is, I will not say in all the points of it, but so far acknowledged, that he confesses him∣self, under his Hand and Seal, to be in the mercy of the King, and desires he may be made the Object of his Majesties Compassion, not of His Justice. And when your Lordships shall see the nature of it, I Appeal to your Lordships, Whether my Lord of Cork shall be admitted as a Witness against me, especially he being a little displeased, and I am sorry for it;

for something done in the Cause, he giving 15000 l. for a Composition which the King had.

There are two grounds of my Lord of Straffords Exception to the Earl * 1.154 of Corke's Testimony, as I conceive. First, His Censure, or questioning upon the Information against him in the Castle-Chamber, which we have heard, to be much of the nature of the Star-Chamber here: And that part we suppose, was cleared by Your Lordships wisdom yesterday; That not a Censure, much less an Information in the Star-Chamber, should be a fit Exception against a Witness. The other part is, the ill will which my Lord of Corke, may bear my Lord of Strafford on that occasion. Truly, (My Lords) if ill will, and offence against my Lord of Strafford should be an exception and prejudice to a Witness, I am afraid there will be few in the three Kingdoms, whose Testimonials will not be prejudiced. But this I humbly offer to Your Lordships likewise, My Lord of Corke is a Privy Councellor to His Majesty, and made a Privy Councellor since by His Ma∣jesty; and certainly it is not seemly, to have that Reproach cast on such a Person, That for a Prosecution in the Star-Chamber, he should be made an uncompetent Witness.

The reading of the Information being hereupon denied, My Lord of Corke was asked, What words he heard my Lord of Strafford speak, touch∣ing Ireland being a Conquered Nation, and that the Charters of it were of no value, further then it pleased the King to make them.

His Lordship answered, And first desired leave to speak a word, hoping * 1.155 he should do no wrong to any man: That when he had obtained my Lords Licence, under the Great Seal, to come over hither, he came with as great a Resolution, never to complain of any sufferings he had, or to Petition against him, as any man did, and left all his Papers and Writings behind him, that he might have nothing to move him against my Lord of Strafford, but to do him all the service he could.

To the question, his Lordship said, That all he can say, is this, that he was present that day the Mayor of Dublin was presented to my Lord De∣puty that then was, and the Recorder set forth the Great Charters they had from the several Kings of England; and fell on that matter of placing Soldiers in Dublin, without their consent; That my Lords Answer was, You must understand, Mr. Recorder, Ireland is a conquered Nation, and the King may give them what Laws he pleases. And then going forward with the Charters, he said, They be old Antiquated Charters, and no fur∣ther good, than the King is pleased to make them: To that sense (he said) he is sure.

We desire to observe to Your Lordships, That this time, was not the * 1.156 only time; he spoke the very words in effect, to the whole Kingdom after∣wards, in Parliament.

The Lord Gorminstone produced and Sworn: Being asked whether he * 1.157 heard my Lord of Strafford speak words to the effect as aforesaid, That Ireland was a conquered Nation, &c.

His Lordship Answered, That he remembers, that in the 10th year of the Kings Reign, 1634 on occasion of a Petition presented to my Lord Lieutenant, in behalf of the Country (as far as his remembrance leads him) from the House of Commons, desiring the benefit of some Graces

His Majesty had been pleased to confer on them, and he in the open Par∣liament, sitting under the Cloth of State, in presence of both Houses, told them, Ireland was a conquered Nation, and they must expect Laws as from a Conquerour: And the Instructions granted from His Majesty for setling the Government of that Kingdom, were procured from a company of narrow-hearted Commissioners.

Being asked on my Lord of Strafford's motion, when these words were spoken, whether the first day of the Parliament, or at any other time:

His Lordship answered, That to his best remembrance, it was not the first day of the Parliament.

My Lord of Strafford saying it was at the opening of the Parliament, and the second day; my Lord Gorminstone being further asked about the time:

His Lordship answered, He knew not whether it were the second day, or another day, but the particular words he took notice of; and it was in presence of both Houses of Parliament, the Speaker standing at the Barr.

The Lord Killmallock produced, and Sworn; and interrogated touch∣ing the same words.

His Lordship answered, That he was a Member of the Commons House, * 1.158 the 10th and 11th of the King, and the House of Commons Petitioned the then Lord Deputy, the Earl of Strafford, for the gaining of the Act of Limitations, for the confirming of their Estates, amongst other Graces granted to the Agents for that Kingdom, in the fourth year of the King. These Graces he answered to in writing; and on the second or third day after, came into the House of Lords, and there sent for the Commons; and in his Speech (amongst other things, I well remember, and to my grief, and to the grief of that Kingdom) he uttered these words, That that Kingdom was a conquered Nation, (the words as he remembred) and therefore they must expect Laws as from a Conquerour; adding further, that the Book of Instructions, established in King Iames his Reign, for the orderly Government of the Courts of Justice in that Kingdom, were Instructions contrived, and procured by a Company of narrow-hearted Commissioners, who knew not what belonged to Government.

Sir Pierce Crosby being asked touching the same words,

Answered, That he very well remembred the words, as they had been * 1.159 spoken by the Noblemen that had been examined before him; My Lord of Strafford, then Lord Deputy of Ireland, in the hearing of both Houses, said, That Ireland was a conquered Nation, and that the Conquerour should give the Law. He added further, that the Book of Instructions for the Government of that Kingdom, was drawn up, or procured, by the means of some narrow-hearted Commissioners, meaning those Commissio∣ners that were employed by Commission from the King out of the House of Commons, being a select Committee, whereof there was one that is now a Noble Member of this House, that sits on the Earls Bench: And that he hath heard many of both Houses, repeat the same words as spoken by him.

And so the Commons concluded the Article, expecting my Lord of Straffords Answer.

After a quarter of an hours respit, my Lord of Strafford began his De∣fence as followeth:

First, I desire to open two points set forth in my Answer, which under * 1.160 favour, I must stand to, as that by which I must stand or fall. First, That the Kingdom of Ireland, (as I conceive) is governed by Customs and Sta∣tutes, and Execution of Martial Law, and Proceedings at Council-Board, in a different manner from the Laws of England. Secondly, That touch∣ing the Charters, I said, these Charters were void, and nothing worth, and did not bind the King further than he pleased; both which I hope to make good.

The other business, that comes in De novo, is no part of my Charge, and therefore I hope will not be laid to my Charge.

I observe in the beginning of this part of the Charge that concerns Ire∣land, That the Governours for the Crown of England, that have been it Ireland, in all Ages, almost, have had these misfortunes, That the Native Subjects of that Country have not been propitious towards them. I in∣stance in the case of Sir Io. Perott, who on Testimonies here, was Attainted of Treason in a Legal ordinary way of proceeding, whereupon he lost his Estate, though not his Life; and afterwards it was confest, there was little truth in all that Accusation.

Next, my Lord of Faulkland, against whom, many of the Witnesses that I think will come against me, informed; as Sir Pierce Crosby for one, my Lord Mountnorris for another, and divers others; who had so prejudicated me when I went into Ireland, in their Opinion, by the generality of their Charge, that I was a little distrustful whether it was not so: And thus much I have spoken once before His Majesty at the Council-Board, on another occasi∣on, and now speak it to Your Lordships, to the Honour of that Person, that is now with God, my Lord of Faulkland, notwithstanding all the heavy cries that were against him, and the wrongs and injuries laid to his Charge, I had the fortune to have all the Examinations whereupon they proceeded, and looked over them all; and now I protest, and call God to witness, not any way as making to me, I found the said Lord to have proceeded as Honourably, Justly, and Nobly, to his understanding, as any man could do; and yet was decryed as much as any man could be. And so I beseech Your Lordships to consider me the Kings Servant; and that in the Administration of the Commands and Justice intrusted with me, I had occasion to give offence to many; and that it hath been the ill for∣tune of those that have been Governours there, when they have left the Government, not to be so well reported as otherwise they might be.

Besides, There is nothing in this Charge can possibly amount to Trea∣son, admit all to be as it is laid, though perhaps to a Misdemeanour.

That if it be no Treason, it will fall to be but Misdemeanour; and then I conceive, it stands with the Justice and Practice of this Court, to allow Councel and Witnesses, which I am debarred from, by the involving me under the general Charge of Treason; and having no further time to prepare, then since Friday last.

That though before, I durst not say Your Lordships were bound by Rules of any Judicature, but stood to Your own Honour and Nobleness, and were a Rule to Your selves, (and herein I take Your Lord∣ships to witness) yet since the Gentlemen at the Barr, have prest the rules of other Courts, I desire leave to offer, That in all ordinary Courts of Judicature that ever I heard of, where the Criminal party doth Answer,

and that Answer is not replyed to, nor he admitted to make his proof, the Answer of the party is taken and confest; from which universal Rule of Justice, no man can shew him a transgression: And therefore, since I cannot be admitted my proofs, it being impossible to fetch Witnesses out of Ire∣land since Friday last, my Answer, I conceive, ought to be admitted, and the Charge taken as I confest it, not as it is on proof.

Saving to my self, that I said I would go on to give the best Answer I could, on a suddain, professing, That if I had had time, I am confident, through the mercy and goodness of God, and the Innocency of my own heart, I should be able to clear my self of Treason (the greatest Crime between man and man) towards His Majesty, and towards his People, (my heart being innocent of it; and never having suggestion or thought, but for the Greatness and Honour of His Majesty, and the Prosperity and blessed Estate of His People, all the days of my life; and ever desiring the best things, and never satisfied I had done enough, but did always desire to do better) but also of all other foul Crimes of Injustice or Oppression: Errours I may have many; perhaps my Tongue hath been too free, my Heart perhaps, hath lain too near my Tongue; but God forbid every word should rise up in Judgment against me. If every word that's spo∣ken amiss should be observ'd, who is able to endure it; for words spoken, ten, twelve, eight or nine years ago, to be brought in Judgment of me, is a very heavy Case; and I beseech your Lordships to turn the Case in∣ward, and to tell me if it be not a hard Case to be put upon such an Exa∣mination.

I shall observe further, that words ought to be charged within a certain time by the Proviso in the Stat. in E. 6. time, they must be brought in questi∣on within 30 days as I take it, which Proviso stands good in Law; but I go now into a Learning that God knows I have little skill of; to this I desire my Councel may in due time be heard, to open and Plead. In the mean time I desire to say, that if popular actions must be concluded within a year or two at the most, sure words should be questioned within a less time.

I shall proceed to maintain the truth of my Answer, That Ireland is not governed by the same Laws that England is; and for that I shall read a few words in my Lord Cooks Learning (which God knows I understand not) it is in Calvins Case; where the words are, So as now the Laws of England, became the proper Laws of Ireland. And therefore because they have Parliaments holden there, whereat they have made divers particular Laws, as it appears in the 20 H. 6. 8. and 20. and in Ed. Dyer 360. And for that they retain to this day divers of the ancient Customs, the Book of 20 H. 6. holds, That Ireland is governed by Laws and Customs separate and divers from the Laws of England.

Therefore in all things belonging to my Charge that came out of Ireland, I hope Your Lordships will take along with you the consideration of the Customs and Practices of that Kingdom, and not judge me according to that which hath been the Custom and Practice of the Kingdom of England.

In the second place, I come to the words of Ireland being a conquered Nation; The words laid in the Charge being, that I should say; That Ireland was a conquered Nation, and the King might do with them what he pleased.

And first, I should do extreamly ill to the Honour of the English Na∣tion, and to the memory of divers of Your Lordships Noble Ancestors, if

I should not both say and think, that Ireland is a conquered Nation; when here's mention made in the Laws, and in the Acts of State, of English Rebels, and Irish Enemies, certainly there is something in that; for till the Kings of England gave them the advantage and benefit of the Laws of England, it is well known, they were held Irish Enemies, and so termed and stiled in all the Records one shall meet withall in these times. And that it was a conquered Nation, I have very good Authority in the Sta∣tute made 11 Eliz. at the Attainder of that famous Rebel Shan Oneale.

In one part of which it is said,

That all the Clergy of the Realm assembled in Armagh, at the time of the Conquest, &c. See the Statute.

Is it then so much for me to say what's in the Act? and is it not for the Honour of the English Nation to say it? and it must be said to the Worlds end, for 'tis a truth. And therefore there is no cause it should be taken so hainously, or heard with so much displeasure; and if I displease for telling the truth, I cannot help it: He reads another part of it, viz.

And therefore it is to be understood, that King Hen. 2. the first Conqueror of this Realm, &c.

And so it hath been acknowledged in all stories and times, and many an English man hath spent his blood in it, whose Posterity will be ashamed to view it, other than as a conquered Kingdom.

Nay, I believe many Noble Persons are yet living, that have bled for it, and will take it ill, if it be termed less than a Conquest, in them who lived in those famous times, and spent their blood in Obedience to their Sove∣raigns Command.

So that by these words candidly and rightly taken, no manner of ill could come, being spoken, not with any sharpness or upbraiding, but meer∣ly to let them see, That being in that Condition, they were infinitely bound to the Kings of England, who were pleased to communicate to them the Laws of their own Kingdom: And so far were they from being taken ill, that no man at that time took offence at them.

For the words, The King might do with them what he pleased, let them relate to the Conquest, and there is no offence in them; for the Conque∣ror might give them what Laws he pleased, and yet nevertheless, hath been so gracious and good, as to give them the Laws of his own People: Give me that understanding of the words, and then where is the Crime? how can it be brought in Judgment against me in it self, or be aggravated to High Treason.

I acknowledge I did speak to the Recorder of Dublin, yet some things I am put in mind of, which I am forced to deny with a great asseveration, That I do not remember the words, nay, I am sure I never spake them, let all the world, and a cloud of Witnesses, say the contrary, when I know in my own heart I did not speak them; though I offer not this to Your Lord∣ships, to convince your Judgments: And on the other side, there is nothing that is true, but I will acknowledge it with all Ingenuity in the world, on the Testimony of any one single Witness.

I desire that Mr. Slingsby, his Servant, might be asked, whether he was not present when I spake these words; and whether then any offence was taken at me, in respect of the high manner of my speaking; or whether they were not rather extreamly well satisfied.

Now if Your Lordships take words in pieces, and not altogether, any man living may be convinced; but taking my words altogether, though something might be thought harsh, yet something gave abundant satisfaction.

I am upon a mighty prejudice, in being denied to have my Witnesses examined upon Oath in these things that are not Treason. But they be persons of good credit, and I trust your Lordships will believe them, as much as if they spake on Oath, since I think none of them would say a word to your Lordships, which they would not swear.

Mr. Slingsby being asked, Whether he was present when my Lord of * 1.161 Strafford spake to the Recorder of Dublin, what he said, and what accep∣tance it received.

He Answered, He was then present, being on the occasion of presenting Sir Robert Dixton, the Mayor of Dublin; that he cannot remember the particular words, nor deliver them to their Lordships, as they were spo∣ken by the Lord-Lieutenant: But he remembers particularly the scope of the Discourse was to ingratiate His Majesties present Government to them; That the words were well accepted by several persons whom he spake with, and took that Effect, that his Lordship was thereupon invited to the Mayors House, where divers of the City Congratulated his coming to them.

I shall now proceed to the second part of the words, That their Charters * 1.162 were nothing worth, and they bind the King no farther than he pleases; and I conceive I may say so still. If their Charters be nothing worth, they do not bind the King, but he may do with them what he pleases. In that, I desire your Lordships to call to mind what my Lord of Corke said, That Ireland was a Conquer'd Nation, and the King might give them what Laws he pleased, and that the Charters were Antiquated, and no farther good, than it pleased His Majesty to make them. It is likely (I confess) I might say so, and yet not say amiss; for it is most evident and clear, their Char∣ters are void in point of Law, and therefore it is in the King's good will and pleasure, Whether he will make them good or no. And that they were void, the King's Council informed me so; that they were question∣ed at Council-Board upon it, for divers unlawful Exactions they took, under colour of Charters, for divers by-Laws that they had made, against Law, by those Charters, for divers neglects of Duties that they ought to do by those Charters; and generally, for not performing the trust reposed in them, by those Charters, with that Integrity and Care they ought to do And for the truth of it, that many Complaints were made against the Mayor and Aldermen at that Board, for neglecting their Duty: I dare Ap∣peal to my Lord of Corke. I adding this, That the greatest part of the Aldermen were Recusants, and would never be brought to obey the Order of the Board; but stood on their Charters, and would be Masters; and by that means great Disorders continued.

And to prove that upon Examination, they appeared to be void in Law. I desire Sir George Ratcliffe may be admitted to speak on what Grounds those Charters were called in, and are now (as I think) deposited with the Clerk of the Council.

Sir George Ratcliffe standing charged with High Treason, by the Com∣mons * 1.163 of England, before your Lordships, and of a Conspiracy with my Lord of Strafford; and whether it be fit to hear one charged with High-Treason, to clear another so charged, we Appeal to your Lordships.

That Sir George Ratcliffe is charged to be a Conspirator with me indeed, and, in truth, I must confess Sir George Ratcliffe and my self (under favour) * 1.164 are equally guilty of Treason, and I hope we shall both justifie our selves; but I know so much of him, that I am not ashamed to say, That I think that Sir George Ratcliffe is my Friend, and I wish him well, and so I think will all other men (I trust in God) when they hear him. But I conceive Sir George Ratcliffe might be heard in these Points; if he be examined as a Witness against me, I desire he may be examined as a Witness for me.

Sir George Ratcliffe is not examined, nor at all sworn in the Cause on our Motion, and admitted, that if they produced him as a Witness, they * 1.165 would not deny my Lord of Strafford to cross examine him. The Lord Steward declared the sense of their Lordships, That Sir George Ratcliffe could not be examined.

I shall readily obey; but yet observe, That if it were only matter of Misdemeanor, he might be examined, though charged. But this is my un∣happiness, * 1.166 to be debarred of my Witnesses, because I am charged with Treason in general, though there be nothing in particular that's near the complexion of Treason.

We desire to observe, that this justifies a part of our Charge, for the Charter of the Subjects Liberties are, as his Lordship confesseth, brought * 1.167 to the Council Table, and judged there, and not to the proper Courts where they ought to be judged; the Council-Table having no Power to declare the Validity or Invalidity of Charters from the King to the Subject.

I crave Liberty to explain my self, That I said not they were brought to the Council-Table to be judged, but that consideration might be had, * 1.168 Whether there was ill usage and extortion practised under colour of them or no; whether any thing were done that hindred the growth of that Town, and the good of the People, and the Protestant Religion, that it might appear how the business stood in point of State; but to give a judg∣ment upon them in Law, it was never in my thoughts.

Robert Lord Dillon being then asked, Whether the Charters of Dublin have not been brought before the Council of Ireland, there to be consi∣dered concerning the Validity of them, and whether it did not appear that for divers Occasions, Exactions and Tolls, and by-Laws, and other abuses in the exercise of these Charters; they did not appear to the King's Learned Council, and others learned in the Law, to be void.

He Answered, That it was a question he did not expect; and yet being called, he should faithfully and freely tell his knowledge of it, to his best remembrance: That he doth remember very well, that the Charters of Dublin have been brought to the Council-Board, and argued strongly against by the Kings Learned Council. That there was one particular of 3 d. Custom challenged by the City, which endured a very long debate: That it was argued against them, That they exercised by-Laws, contrary to the Common Law of the Land, and that divers other things were urged against them; but he remembers not the particular determination of the Board upon the question.

Being asked severally, what time those Charters were so brought, and how long after my Lord of Strafford's coming into Ireland.

He Answered, That he precisely remembreth not the time, but he takes it to be five or six years ago, something more or less, and he thinks about a year or two after my Lord of Strafford's coming, but he remembers not the time, not expecting to be Interrogated in it.

We desire your Lordships to observe, That the words were spoken be∣fore * 1.169 the Charters were brought to the Council-Board.

It follows not, That because they were questioned at Council-Board * 1.170 afterwards, I did not therefore know them to be void, when I spoke of them, for they were complained of in Parliament, as great Grievances, in the exercising of them, and to that purpose I desire my Lord Dillom may be heard.

And being asked what he knew concerning the Charters of Dublin, being questioned in the Commons House for divers Oppressions, unlawful By-Laws, and other ill usage of their Liberties.

He Answered, That he was a Member of the first Parliament after my Lords coming into Ireland, 1634. After this Visitation of the Mayor some half an year, but he knows not the time precisely. That divers Members of that House did object divers Misdemeanors, in mis••sing the Priviledges of those Charters. That the particulars were several By-Laws which they did execute, contrary to the Common Law: Another was, that by the Priviledge of those Charters, they excluded divers of the Tradesmen that came out of England to set up Manufactures there, which was con∣ceived a great Grievance to that Kingdom. Another was, that having the Government of that Town, being a Navigable Port, they permitted the Soil to be emptied into the River, without care or regard.

That at the time of the Presentment of the Mayor, my Lord took oc∣casion to advise and advertise the Mayor of several Defects in that Town, and divers of the Commons House of that Parliament are here that were present.

Hence observe the Reason and Grounds of my Exception to these * 1.171 Charters, and the Effects of questioning them, which were two: First, By this means I am perswaded (and thereof I beseech the Honourable House of Commons to take notice, as that which is reputed my greatest Crime in Ireland) there be three Protestants in Dublin, at this hour, for one that was there when I came over; for the Townsmen did keep all the Trade, and ingross all the Manufactures into their own hands; and being Na∣tives, and Romish Catholicks, did depress the English, that strangers out of England had little advantage of Trade. And whatsoever any man may say or think on Information from persons that do not love me, who are Mem∣bers of neither House (for so I desire to be understood, when I speak of persons unfriendly to me; I complain of nothing that is or shall be done me here, but will leave it all, with thankfulness to God Almighty, and with that Duty and Reverence to this House, that becomes me.) It will be known hereafter, when I perhaps am in my Grave, that my great∣est fault in Ireland, hath been my extream Zeal to bring them to conform with the Church of England, which by that means hath provoked a great deal of Displeasure.

And secondly, I observe, That this argues no great malice in my heart, nor desire to oppress the King's People, when I shall tell your Lordships, That to this day those Charters were never legally questioned, but are enjoyed. So far was I from pressing rigorously any thing against them, I desiring nothing but Reformation, and to have them what they ought to be, and to leave them not less, but more happy than I found them.

And if I should serve there again, as I hope I shall serve only God Al∣mighty, and my Master with my prayers, they should be freed from all exactions and misusings of them, tending to the prejudice of the Town, the King's Service, and the Service of Almighty God.

And so I hope I have made a clear Answer to so much as was charged, to free my self from guilt of Treason, reserving to my self the advantage of having my Counsel heard, in proper time, to the matter of Treason in point of Law, according to the liberty your Lordships have afforded me.

Next, I shall proceed to that which is proved, and no way charged, which I forbore to speak to the day before, as holding it an impertinent expence of time to your Lordships, and a spending of my own spirits, which, God knows, are weak and infirm indeed. If I were permitted to speak this morning to all the things extrajudicially formerly offered, I should give a free and clear Answer. But suffering by my Ignorance and silence then, I now desire leave to Answer those things that came de Novo, and that by three Witnesses, touching words spoken at another time to both Houses of Parliament.

I confess it to be true, that the second day of the last Parliament, but this that is now sitting, I had the Honour to sit as His Majesties Deputy, and it was the greatest Honour that ever I received; and I should be loath to say any thing, sitting in that Place, that should not fully comply with the Goodness, Clemency, and Justice of His Majesty, or should mis-repre∣sent Him in any kind to his People in another sense, or to other purpose than his own Great and Princely Vertues do Merit and Deserve.

And that all I said at that time tended to that purpose, to shew and set forth to them the excellent Goodness of His Majesty, and the Graciousness of His Government. Therefore if I should say any thing to the purpose, as it is offered, I should go much against the purpose for which I intended my Discourse. For me to have said openly there, in the King's Chair, that they were a Conquer'd Nation, and must expect Laws from Him, as from a Conqueror, when I knew it most false; and expected from His Majesty, that He would Govern them by the same righteous Rules of Justice and Honour (as his Predecessors had before him) I had been much too blame, and it had been against the drift of my Discourse. And I must say, and will say, to the death, I never spake such words, That they must expect Laws from Him as from a Conqueror. I know very well how it is proved, and what my own affirmation doth in foro Iudicii; but how it may work in foro Conscientiae, I trust I have so much credit left in the World, as to be known to be a man of truth, and not usually to speak untruths. And I take the heavenly God to Witness, that I never spake them. I remember the words, and the occasion by a good token, without which I should not have re∣membred them; my Friends desiring a Copy of my Speech, which Copy is in Ireland; and were it here, would satisfie every man. It was to in∣cline them to take into consideration the great Debt that lay on the Crown, being near 100000 l. the shortness of the Revenue, which was then short of the yearly Charge 24000 l. though the first day it was stood

upon, and would have been coloured over, as if there had been no such thing. I was to move thereunto a supply to pay the Debt, and to im∣prove the Revenue to such a height as might answer the Charge of the Kingdom; that to induce this, I told them the Kingdom of England had expended great and vast Sums of Money, and had issued a great deal of Noble blood for the reducing of them to Obedience, and in that happy State wherein they then lived. That they must not think the Kingdom of England must always bear the Charge of the Crown, but they must so fit the business, that the Kingdom may bear its own Charge; For, said I, and these are the words, (I take God Almighty to Witness) and no other. If the Kingdom of England should still be put to their Charges, and the whole Expence should still rest on the Conqueror, you might very well think you are so dealt withall, as never any other Conquer'd Nation had been. That on these words my Lord of Ormond came to me, and told me, That the words he had spoken were not well taken; For that I had said, The Irish are a Conquer'd Nation, and that is not well. I answered his Lordship, Truly, my Lord, you are a Conquer'd Nation, but you see how I speak it, and no otherwise.

But this I am not charged with, and offer it only to keep and preserve me in a good Opinion, as much as I can of both Houses of Parliament, which I desire of all things under Heaven, next the Favour of Almighty God, and his Gracious Majesty.

He then proceeded to examine Witnesses: And first Robert Lord Dillom being asked, Whether he was present when he spake these words to both Houses of Parliament, and what they were?

We desire to put your Lordships in mind that there were two times when my Lord spake such words; one, when he spake to hoth Houses of * 1.172 Parliament at the Publick Speeeh now mentioned; the other, upon deli∣vering a Petition by the House of Commons: That the words which the Commons Charge, were the last mentioned by me, not the first, and that was desired to be observed.

The Question being repeated.

The Lord Dillom Answered, That he served as a Member of the Com∣mons House that Parliament, and in respect of the Honour he had to be of the King's Council, and the Son of a Peer of the Realm, he stood under the Cloath of State, and was present when my Lord made his Speech to both Houses; for that passage of the Conquest, some touch there was of it; and he hath heard my Lord of Ormond speak in particular of it: For the other words, That they should expect Laws as from a Conqueror, he took God to witness, he did not remember them.

Being asked whether he remembers them to be spoken at any other time: He answered, That on his Soul he doth not.

Sir Adam Loftus being asked to the same purpose.

He Answered, That he was the first and the last day at the Parliament, that he doth not well remember the middle day, and he cannot burden his memory with any such words spoken that he heard either then, or at any other time.

Sir Robert King was called, and asked to the same purpose.

He Answered, That he thinks he was present that day, but not within hearing, and he never heard the words at any other time.

Lord Renula being asked, Whether then, or at any time he heard my Lord of Strafford say, They must expect Laws from the King, as from a Conqueror.

He Answered, That he was then in the House, and remembers the words in the first place, That Ireland was a Conquer'd Nation; that for the words in the second place, something was spoken, but how far he cannot witness.

Sir George Wentworth questioned on the same Point.

Answered, That he sate under the Chair of State at that time, and re∣members not that my Lord ever spake these words, That the King might do with them as he pleased. That it pleased my Lord-Lieutenant to send him into England at that time, to attend His Majesty, with the Success of that Parliament, and that he brought the Speech with him, and can confidently affirm, There was no such thing in the Speech; and the Speech he did de∣liver to some Privy-Counsellor, and added, That he never heard my Lord publickly or privately say those words, They must expect Laws from the King as from a Conqueror.

We desire to know, Whether the Witness was returned out of England when this Remonstrance was delivered. For the Commons Charge it * 1.173 thus, That the House of Commons delivered a Petition, to have the Laws executed according to the Instructions, upon which the words were spoken, and we believe Sir George Wentworth was not come back, and then it was impossible he should hear him, for it was after the Parliament had sate, and some proceedings had.

I observe, How it is in some of the Witnesses, for my Lord Gorminstone * 1.174 fixed it on the first beginning of the Parliament.

He spake it to the occasion of the Petition, but the distinct time he doth not remember. * 1.175

Sir George Wentworth being asked touching the time of his going into England.

He desired to know what time the Petition was delivered; but he went over some few days after the Subsidies were granted.

Lord Robert Digby being asked, Whether at the Parliament at Dablin, or any other time, he ever heard my Lord of Strafford speak those words.

He Answered, That he never did; that he doth not know whether he was present at that time or no; that he did diligently wait, but doth not remember the words, nor occasion, but he thinks he was not present.

Your Lordships have heard my Lord of Strafford's Defence with much * 1.176 patience, That he hath said nothing that takes off the Charge, but some things that aggravate it.

That he would answer the Particulars, as his Lordship had propounded them. And first he observed, That his Lordship denies not the words Charged, which makes greater way for proof of them.

He informs of the ill Fortune of other Governors, that one was At∣tainted, and the Informations afterwards retracted, that my Lord of Faulkland was complained of, yet a Noble and good Governor, against whom, or any Deputy, we can say nothing: But what is this for my Lord Strafford to say, Others were questioned, therefore he is Innocent.

These were complaints of particular men, This against my Lord of Strafford, is the complaint of all the Commons of England.

It is said, here is no Treason in this Article, no Argument of Treason; but the Commons never pressed these words singly and dividedly, to be Treason; but take all together, they discover that Disposition, that Coun∣sel, that Resolution that my Lord of Strafford had taken on him, the ruine and subversion of the Common Law, in both Kingdoms.

It is said, an Answer is put in, and no Replication. It is true, in other Courts, if you go on Bill and Answer, the Answer is taken pro Confesso; but the Commons desire not to bind up my Lord of Strafford with For∣malities; but by the substance of their Charge, they have averred their Charge, which is as much as a denial of his Answer.

To there being another Government in Ireland than in England, my Lord himself spoke of it by himself; but he thinks it will not be material to this purpose; for whatsoever it is, some Government there is: but the Speech of my Lord tends to take away all Laws; for they must expect Laws as from a Conqueror, in that Limitation.

For his referring it to the time, taking it in the sense, that the then Con∣queror might do what he pleased, that's true, and justifiable: But that is to suppose the words otherwise than they are; being spoken, not of the Kings that were before, but of His Majesty that now is.

My Lord would make an Argument, his words were well accepted, be∣cause Mr. Slingsby heard nothing to the contrary; the words had much Acrimony and Sharpness, and we dare not believe the Mayor of Dublin durst tell my Lord of Strafford so, or forbear any Complement to him, though he had been displeased with him. But if that be material, the Wit∣nesses that have proved the words, will tell Your Lordships, it was resented with a great deal of Grief and Sorrow in all the hearers.

His Lordship justifies what was spoken of the Charters, on these grounds, First, That the Witness said they were Antiquated Charters, and therefore did not bind; whereas it was a scornful Epithite, their Antiquated, and Worm-eaten Charters, did not bind.

It is said, they were void through negligences, questioned at Council-Table, complained of in Parliament. But they must take the words to pieces, not altogether. Had he spoken of the Charters alone, that they were void Charters, it were no crime, no indiscretion. But take it with the occasion and connexion, it admits of no such mitigation, or interpreta∣tion. He tells them, they are a conquered Nation, and they must expect Laws as from a Conqueror: And they are a conquered Nation, and their Charters are no further good than the King pleases.

It is said, It is strict to answer presently what may be objected; and the Examinations are extrajudicial; we doubt not but Your Lordships will justifie-our Proceedings, nor is there any strictness in them; for if a man be questioned of a Crime, and several Evidences be brought to make up this Crime, some concurrent, some precedent, they will be allowed of in other Courts; It being never used, to set forth in a Charge all circumstances of Proof, The main is produced, and this is an Evidence to prove that, and it is within the Charge; for there is a Charge, that he corrupts the Laws and Government.

Then my Lord produces divers Witnesses, who speak in a different sense, Sir Robert King heard nothing; another, that he remembers no∣thing; and if he remembers nothing, it may as well be said of the rest, That there might be something they did not hear, or remember; for they

speak no more, but they did not remember; There may be something they forgot, as well as another forget all.

My Lord Ranulagh says, He remembers the first words, and something as spoken of the second; but he cannot tell how far: So that there is ra∣ther a doubt, that something was spoken to that purpose, than otherwise. The Lord Digby was not present, Sir George Wentworth remembers not the words; he hath a Copy of the Speech, and is confident the words were not spoken. But they were not spoken in the first Speech, whereof there was a Copy, when the Petition for the Laws was delivered.

And this is an Aggravation against my Lord of Strafford, that by his own shewing, there was an Exception taken, when he spoke in a milder sense, and to advance His Majesties Government, it had an ill impression, and was taken notice of, and the Exception delivered to himself.

Now if after Exception taken to a Speech delivered in Parliament, cloathed with so much mildness, he in the same Parliament, as soon as Sub∣sidies are granted, shall tell them, they are a conquered Nation, and shall not have Graces, but such Laws as the King will give them: This puts the Offence in higher terms than before; so far are they from mitigation of the Offence.

We desire Witnesses may be heard concerning the circumstance of time.

Mr. Fitzgarret produced, and Sworn. * 1.177

Was asked whether he knew of a Petition delivered to the Earl of Strafford by the Commons, concerning the Laws; and how in time it fol∣lowed the publick Speech at the beginning of the Parliament, and what Answer was given to it.

He Answered, That he was then a Member of the Commons House, and present when the Petition was delivered: But after the House of Com∣mons had given the King six Subsidies, the House of Commons entred in∣to consideration, of Petitioning for such things as were necessary and ex∣pedient for the Common-wealth, as they thought; this Petition was pre∣ferred to the Lord Deputy, a good space of time after the Subsidies were granted, and Advertisement sent to England, of the good service done in obtaining those Subsidies from the House of Commons, That he remem∣bers not any part of the Answer given; There was an Answer given in Writing, either at Council-Table, or in full Parliament, from the House of Lords; but that he spake only to the point of time.

My Lord of Strafford did here affirm it to be most certainly true, That * 1.178 the Petition concerning the things Mr. Fitzgarret mentions, was delivered at Council-Board, and not in Parliament; and desiring Mr. Fitzgarrets further explanation of himself:

He Answered, That he conceives there were two Petitions; one, as he thinks, concerning the performance of the Instructions of 1628. where∣unto an Answer might be given at Council-Board; and he believes it was subscribed by many of the Council. There was another Petition of Grievances, seeking redress of them; and to whether of these his Lord∣ship gave an Answer in Parliament, he remembers not; but believes there was an Answer made to both, or one of them, in full Parliament.

The Lord Gorminstone being demanded at what time, and on what occa∣sion my Lord of Strafford spake the words, he was examined on before, in * 1.179 the Parliament at Dublin:

He Answered, A Petition was delivered to my Lord of Strafford, and he spake to the House, wherein he spake the words that he had formerly related, That they must expect Laws as from a Conqueror; and that the Instructions published for the setling of that Government, were procured by a company of narrow hearted Commissioners; That he did not then remember the certain time; but he is sure it was in Parliament; and so resented, that almost all took notice of it; when most part were English and British Extractions, and very few Irish.

The Lord Killmallock being demanded to the same purpose, * 1.180

Answered, That he conceived the occasion was, a delivery of a Peti∣tion to his Lordship. It is true, it was not delivered in Parliament, nor were the words spoken at the Council-Table where the Petition was deli∣vered: But he conceives, it was on occasion of delivering that Petition, that his Lordship speaks: For after the Petition was delivered, three or four days after, his Lordship came to the Parliament House, he called both Houses before him, and there delivered these words, That Ire∣land was a Conquered Nation, and therefore must expect Laws as from a Conqueror. Adding further, That the Book of Instructions, meaning the Book Printed in King Iames His Reign, for the orderly Government of the Courts of Justice, was contrived and procured by a company of narrow∣hearted Commissioners, who knew not what belonged to Government. The words, he said, he remembers very perfectly, as having great misery on his heart in the speaking: And whereas it is said, none did take notice of them; They did, but they durst not, it wrought inwardly; and had they spoken of it, they expected no redress, but a greater addition of calamity to them.

We shall now proceed, and observe, That this Article touching the * 1.181 Laws of Ireland, gives the ground-work of what follows in the subsequent Articles concerning Ireland.

And first, We desire Your Lordships to take into remembrance, That though Ireland differ in some particular Statutes from England, yet they enjoy the same Common Law, without any difference.

That by the Statute 28 H. 6. in Ireland, It is Enacted, That every Cause shall be remitted to its proper Court; It is true, the King hath this Prero∣gative, not to be tied to sue in the Kings-Bench; but may sue in any Courts of Justice, for matters Triable in the Common-Pleas, or Chancery, or Ex∣chequer; all Courts are open to him, wherever he will have his Cause judged; but with the Subject, the proper Cause must go to the proper Court, and according to this, the exercise and use is continued in that Kingdom.

Some Incroachments being made, King Iames, of blessed memory, took consideration of it, he appointed Commissioners, and Instructions were Printed in pursuance of this: A Noble Earl now present, Justice Iones, Sergeant Crew, and divers others, were imployed in that Service. These Instructions, as they remit the Causes to the proper Courts, so they de∣clare, that it had crept in at the Council-Table in latter times, to take

Oaths; but direct, that it shall be forborn for matters of Interest and Complaint between party and party, and matters of Title.

And it stays not here; but a Proclamation is issued to the same effect.

This Statute, these Instructions, and this Proclamation, we desire may be read.

Accordingly the Statute was read, whereby it was ordained to the Go∣vernour of the Land, or other Officer for the time being, He that accuses, shall find sufficient sureties for the damage of him that is accused; and if it shall be adjudged that the Suggestion or Accusation, is not true, &c. And also, that he that is Arrested, may go by Surety or Bail, till the mat∣ter be determined.

And if it be matter of Treason or Felony, to be remitted to the Kings-Bench; if Conscience, to the Chancery; if Franchise, to the Seneschal of the Liberty; if for Debt, to the Common-Pleas, &c. saving the Kings Prerogative.

Then part of the Instructions were read, published 1622. wherein it is Ordered, That the Council-Table shall keep it self within its proper bounds.

Amongst which, the Patents of Plantations, and the Offices on which the Grants are founded, are to be handled as matters of State, and to be determined by the Lord Deputy and Council publickly, but Titles between party and party, are to be left to the ordinary course of Law, and nei∣ther Lord-Deputy, Governour, nor Council-Table, hereafter to intermed∣dle, or trouble themselves with ordinary businesses, within Cognizance of ordinary Courts, nor meddle with possession of Land, nor make or use, private Orders, Hearings, or References concerning such matters, nor grant Injunctions, nor Orders for stay of Suits at Common Law, Causes recommended from the Council of England, and spiritual Causes concern∣ing the Church, excepted.

Then the Proclamation was read, dated November 7. 1625. whereby it is commanded, That the Deputy and Council-Chamber in Ireland then, and from time to come, shall not entertain, or take consideration of any private Cause or Causes, or Controversies between party and party, con∣cerning their private and particular Estates, nor any Cause or Controversie of that Board, which are not of that nature that do properly concern matter of State; But that all Causes and Controversies of that nature, moved or depending between party and party, concerning private and particular Interests, be proceeded in in the ordinary Courts of that Kingdom respectively, to whom the Cognizance of these Causes and Controversies doth belong, &c.

For that Objection from the Opinion of my Lord Cooke in Calvins Case, if it were an Opinion to the contrary in an Argument, it is no binding Authority; But that Opinion is nothing at all against what hath been said; for it is express, That Ireland did retain the same Common Law with England. It is true, Ireland hath Statutes and Customs particularly re∣tained; and so there be divers particular Customs in England, that differ

from the Common Law, yet are approved and allowed in it; as in Wales, and the Custom of Gavel-kind, and the Common Law, which is the ge∣neral Government, is the same. If there be any Statute that gives my Lord of Strafford, as Governour alone, power to take Cognizance of meerly private Causes, it is something to the purpose to say, there is a particular Statute; but till that be shewed, he hath in this, erected an Arbitrary Power.

And so he concluded the Reply, and the Third Article.

[article 4]

THE Fourth Article. The Charge.

THat Richard Earl of Corke, having sued out Process in course of Law, for recovery of his Possessions, from which he was put, by * 1.182 colour of an Order made by the said Earl of Strafford, and the Coun∣cil-Table of the said Realm of Ireland, upon a Paper Petition, without Legal procéeding, did the 20th day of February, in the 11th year of His now Majesties Reign, threaten the said Earl, (being then a Péer of the said Realm) to Imprison him, unless he would surcease his Suit, and said, That he would have neither Law nor Lawyers, dispute or question his Orders. And the 20th day of March, in the said 11th year, the said Earl of Strafford, speaking of an Order of the said Council-Table of that Realm, made in the time of King James, which concerned a Lease which the said Earl of Corke claimed in certain Rectories or Tythes, which the said Earl of Corke alledged to be of no force, said, that he would make the said Earl, and all Ireland know, that so long as he had the Government there, any Act of State there made, or to be made, should be as binding to the Subjects of that Kingdom, as an Act of Parliament; and did question the said Earl of Corke in the Eastle. Chamber there, upon pretence of breach of the said Order of Council-Table; and did sundry other times, and upon sundry other occasions, by his Words and Spéeches, Arrogate to himself a Power above the Fundamental Laws, and Established Government of that Kingdom; and scorned the said Laws and Established Government.

ONE of the Managers opened the 4th Article, and said, The former Articles shew my Lord of Straffords Words, this his Actions.

This Article concerns my Lord of Corke's being disseized of an Im∣propriate

Rectory, upon a Paper Petition to my Lord of Strafford, and referred to the Council-Table, the Earl of Strafford saying, upon the questioning of the Proceedings thereupon, That neither Law nor Law∣yers, should question or dispute his Orders; an Order of Council-Board in King Iames his time, enjoyning, That no Parson, Patron, or Ordinary, should make a Lease for longer time, than the life of the Incumbent, was made use of as a ground to dispossess the Earl of Corke.

In the first place, We desire to open the Proceedings at Council-Table before my Lord of Straffords time, (viz.) That in no case concerning * 1.183 Land, no Decree hath been there made, to bind up the party for remedy at Law.

The Lord Ranulagh being interrogated, whether by the course of Pro∣ceedings * 1.184 at Council-Table, the Deputy and Council have determined Ti∣tle of Land and Possession, and interrupted the parties to proceed at Law.

He Answered, That he hath observed the course of the Board for 22 years; and the course was, That if Title of Land, between party and party, were in debate, It was commonly dismissed from the Board, with a leading order, to be tried by course of Common Law.

Being asked, whether a Deputy alone hath determined private Interest.

He Answered, That he cannot positively say, whether it were done pri∣vately; but to the best of his remembrance, he knows not that ever any De∣puty determined any matter of private Interest, but brought it to the Board, though by reference, or private proceeding, it might have pro∣ceeded before it came to the Board.

My Lord of Strafford desired he might be asked, whether he ever * 1.185 knew, that any matter of Inheritance was ever by himself and the Coun∣cil determined, whilst he was Governour there, that was barely Title of Land, and nothing else.

He Answered, And desired to explain himself concerning the former, That Causes of the Church, and matters of Plantations, were resolved in * 1.186 former Deputies times, to be dispatched at the Board. And for the latter question, he never knew matter of Title determined at the Board, but in Causes of the Church, and Plantations.

My Lord of Strafford desired he might be asked, whether as President * 1.187 of Connaught, he did not familiarly, on Paper Petitions, rule all things in the same nature, as the Deputy on Petitions to him.

The Fifth day.

Friday, March 26. 1641.

AFter consideration of this matter by their Lordships, it was resolved in the Upper-house, That my Lord Ranulagh ought not to be ex∣amined on that point, it tending to an Accusation of himself.

The Earl of Corke being Sworn, and questioned touching my Lord of * 1.188 Straffords words to him, upon his excepting against the Orders made upon the Petition touching the said Rectory.

His Lordship Answered, That he had been in Possession, as Tenant of the Crown thirty five years, of a Rectory and certain Tythes in the County of Tiperany, for which he paid a yearly Rent; and having enjoyed it so long, my Lord presented to it Arthur Gwyn, that had been his Coach-mans Groom. That when he heard of it, he went to my Lord privately, and told his Lordship, that he was His Majesties Farmer of those Tythes, and paid a Rent; and desired he might not be sued for them in the Council-Chamber: but if a Suit must be ommenced, that it might be in the proper Court, the Exchequer. That my Lord told him, he should Answer it there: That he did so, and my Lord ordered it against him; That a Commission went down, and Examinations were taken: And after my Lord had ordered it against him, an Order of course was set down, that Gwyn should have them till I recovered them by course of Law. That there∣upon, I brought an Action against him, and his Tenants, who were Ar∣rested, and came to Dublin; and then went to my Lord, and Dr. Bram∣hill, Bishop of Derry. That thereupon I was sent for before my Lord Lieutenant that then was; and my Lord Lieutenant told me, Sir, You have taken out Writs against Gwyn, to whom I Ordered the Tythes of the Rectory. I confest I had, and desired to know why he aked me so; ad∣ding, that I am sure your Lordship will not take away my Possession, by a Paper Bill, without Trial. That my Lord of Strafford answered, call in your Writs, or if you will not, I will clap you in the Castle; For I tell you, I will not have my Orders disputed by Law, nor Lawyers.

Gwyn was a poor man, and if he should get the Rents of the Impropri∣ation into his hands, I could not get them again: And therefore I desired security, That if by course of Law I should recover it, I might have it again; That my Lord of Strafford thereupon said, It was very fit and just; but the Order being brought unto me, I said there was no such thing in the Order.

Being desired by the Earl of Strafford to repeat the last over again,

I say, that I told the Lieutenant, that I did hold, the Council-Chamber could not hold Plea of this, and thereupon cited 28 H. 6. the Book of Or∣ders, the Proclamation. Then I moved his Lordship, that in regard Gwyn was a poor man, and not answerable, and might get the Rents, being

near 100 marks a year, he might give security for the Rents, if I should re∣cover them by course of Law; That my Lord of Strafford thought it just it should be so entred in the Order.

And being asked how that came to be left out,

He Answered, That Sir Paul Davis, the Clerk of the Council, told him, my Lord of Strafford found fault with it, and struck it out with his own hand.

Being asked what words he heard from my Lord of Strafford, con∣cerning the said Order at Council-Board, in King Iames his time:

He Answered, That there was a Parsonage in the County of Kerry, in his Presentment, and it fell void; the Dean, and some others, commended one Atkinson to be his Vicar, That on their Commendation, not knowing him himself, he presented him, without any consideration. That Atkinson afterwards fell into decay, and was Imprisoned; and the Prison being very loathsome, the Bishop wrote unto him, this Deponent, and sent him a Lease, under the Hand and Seal of him the said Bishop, and the Incum∣bent, with a Label for his the Deponents hand, and desired him to seal it for 40 s. a year to another, that Atkinson might pay his Debts, and stock himself with Cattle; That he the Deponent, refused it, though brought 50 miles from his House, fearing it might be prejudicial to the next Clerk. That the Bishop sent Atkinson's Wife back over the Moun∣tains with his Letter, and the Lease; and he the Earl of Corke, did sign it then; For, seeing the misery of the poor Woman, and her Children, he thought it a work of Charity; and it continued so till my Lord of Straf∣ford came to the Government.

That then he had a Bill preferred against him in the Star-Chamber, for breaking an Act of State, That none should make a Lease for longer than the Incumbents life, and desired that the Bill should be read, in all the Proceedings of it; That thereupon he told the Earl of Strafford, it was a work of Charity, and he never heard of such an Act of State, being not published, and made in King Iames his time, and in the Lord Grandisons Government, who are both dead: And therefore he conceived, there was no cause to charge, or prosecute him for it, being but an Act of State. That my Lord of Strafford Answered, I tell you, my Lord, as Great as you are, I will make you, and all the Subjects of Ireland know, That any Act of State made, or to be made, shall be as binding to you, and the Subjects of Ireland, during my Government, as an Act of Parliament.

Being asked on my Lord of Straffords motion, whether the Order made in the Case of Gwyn, was not made by the major part of the Votes of the Board:

He Answered, That he did say that it was Voted at the Council-Table, but he knows not whether it were done by the major part; and after∣wards (with a lower voice) His Lordship added, that he thinks it was never Voted.

Iohn Waldron Sworn; was examined touching the words my Lord of * 1.189 Strafford was charged to say, touching an Act of State, being equal to an Act of Parliament; and the occasion:

He Answered, It was his chance to be at Council-Table, when a Cause, depending between the Merchants of Galloway, and some others, that prosecuted the business in behalf of the Church, about a Lease made by the Dean of Derry; which was debated at the Council-Board. And there

was one Mr. Martin of Council for the Merchants, and he pressing hard for his Clients; It pleased my Lord to think he had over-shot himself, or was too forward; and asked what he had to say, that he prest that Cause so hard; That Mr. Martin Answered him, He had an Act of Parliament, or Statute, or to that purpose.

That my Lord of Strafford Replied again, Sir, I will make you know, That an Act of this Board shall be as good as any Act, or Statute, or words to that effect.

Iohn Kay, after some Exceptions taken by the Earl of Strafford against him, as no fit Witness in respect of his prosecuting a Suit against his Lord∣ship, for the Lady Hibbotts, which was Over-ruled by their Lordships, was sworn, and being asked touching the said words to be spoken by the Earl of Strafford, and the occasion and the time.

He Answered, That he was present at Council-Table by chance, when there was a Cause, wherein Mr. Martin pleading for his Clients: My Lord-Deputy then asked him, What made him so earnest for it; He said, He had an Act of Parliament, or Statute, to justifie his Cause. Hereupon my Lord-Deputy Answered, He should know, that as long as Himself sate in that Place, An Act of State should be as strong as an Act of Parliament, or words to that effect.

Being asked of the time.

He Answered, He doth not remember the time, but it was three years and upwards. It was before Iuly 1637. but the Day and Year he remem∣bers not; but it was in the Case where Mr. Martin was Council.

My Lord Corke being asked about the time, he said, It was in 1635. about February.

Mr. Waldron being asked, Whether it was in a Church-Cause. Answered, My Lord-Deputy made an Offer, That if they would take a Lease for 21 years, at full value, they should have it. But if they would stand on the Trial of the Lease, they must take the adventure.

And Mr. Hoy being asked, Whether it was a Church-Cause.

He Answered, He conceived the Church was Interested in it.

Lord Kill mallock asked, Whether he heard my Lord Strafford say, An Act of Council should be as Valid as an Act of Parliament, when, on what occasion, and to what scope.

He Answered, That he was at Council-Table some four or five years ago, and there did hear my Lord of Strafford say to one of the Council (he cannot say it was Mr. Martin) He would have him know, as long as himself was Governor, An Act of State should be as binding as an Act of Parliament; on what occasion he cannot say. He further said, That in the 10th Year of the King, in the Parliament held in Ireland, he heard Sir George Ratcliffe (my Lord of Strafford's Eccho) in that House, say, On occasion of a Bill that was cast out in that House, making it Felony for any to have Powder without Licence. It is all one, he would have an Act of State for it, which should be as binding as an Act of Parlia∣ment.

Sir Pierce Crosby was asked, Whether he heard my Lord of Strafford at another time say, An Act of Council should be as valid as an Act of Par∣liament, when, on what occasion, to what intent.

He Answered, That he doth very well remember the words, the time not precisely; but he was sure it was soon after my Lords coming into Ireland, and before the Parliament, and was the cause of the first Excep∣tion against him the said Sir Pierce Crosby, for he reasoned it with his

Lordship, being at his own Table at Dinner, there being then present, and sitting next to him, a Member of this Honourable House, my Lord Castlehaven. There were likewise my Lord Osmond, and several others of the Council of Ireland. The words were these, That if he lived, He would make an Act of State to be of equal Power with an Act of Parlia∣ment. That he, the Deponent, thought his Lordship spoke it merrily, and answered him in the same kind, saying, My Lord, when you go about to do this, I will believe some body will rise, as an English Gentleman did in England, and desire a Clause of Exception, that it may not reach to himself, his Kindred and Friends. That my Lord of Strafford looked on him very earnestly, and said, He would take him, whosoever he was, and lay him by the heels.

That this was in Parliament time: And he the Deponent would fain have qualified it; but Parliament, or not Parliament (says my Lord) Ireland is a Conquer'd Nation, and the Conqueror should give the Law. That he the said Sir Pierce Crosby Replyed, My Lord, then, I beseech you, give me leave, I am one of those that must uphold an Act of State, by all lawful ways, having the Honour to be a Member of the Government, though unworthy. What will be alledged on the other part? they will say an Act of Parliament attaints and restores Blood, and doth many things an Act of State cannot reach to, for it is confined within the limits of the Government. That my Lord having not to Reply to this, rose in some choller; and told him, the Deponent, of something else he conceived he the Deponent had done amiss at Council-Board on a Statute that was in debate.

And so the Manager concluded the Article with thus much more; The Article, in the conclusion of it, charges him with scorning the Government and Laws. And it was desired their Lorships would take notice of what is proved out of these words, and the concurrent proof Yesterday.

The Earl of Strafford begins his Defence, saying,

First, I must stand upon the truth of my Answer, which must be good, till it be denied, so far as goes to matter of Misdemeanor. * 1.190

I have not had time to examine Witnesses, having not liberty till Friday last, which I urge by way of excuse, if my Answers give not full satis∣faction.

Here is an Order of the House of Commons there, whereby your Lordships may perceive how unlikely I am to have any thing from Ire∣land that may work to my Justification, which was read, and bears Date 25. February, 1640.

Authorising those undernamed to go aboard any Ships, and seize, search, and break up all Trunks, Chests, and Cabins aboard. To seize on all Silver and Gold, except small Sums; and all Debts, Evidences, and Wri∣tings as they shall think fit, of him the said Earl of Strafford.

This his Lordship conceived to be a great Violation of the Peerage of the Kingdom.

For making good of his Answer, his Lordship Alledged:

That the Council-Board of Ireland is a Court of Record, which differs much from the Council-Board of England; and that they proceed there by Bill, Answer, Examination, Publication, and all the formal courses of legal Proceedings.

That my care to preserve the Authority of the Deputy and Council, is not a Subversion of the Laws: Only it directs it, and puts the execution of the Law another way.

That for Reasons of State, it must be preserved, being the place of Resort for Protection and Defence of the English Planters, and Protestant Clergy.

I shall produce and acknowledge the Instructions made 22 Iac. and I shall read part that bounds the Council-Board particulary mentioned in the Reply to the Third Charge.

I desire a Book may be read, a Book in the hands of Mr. Denham, con∣taining certain Answers given by the Lord Chichester, to certain Com∣plaints made against that State, and written with Mr. Baron Denham's own hand, which on debate, was Resolved not to be read, being written only for a private Remembrance.

I shall refer to my Lord Ranulagh's Deposition the other day, to satisfie your Lordships touching the Proceedings at Council Table.

To prove the Council-Board to be a Court of Record.

Robert Lord Dillom being asked, Whether before my Lord Strafford's time he had not known always, during his memory, the Deputy and Council in all causes of Plantation, and the Church, proceed by Peti∣tion, Answer, Examination of Witnesses, Publication, and Hearing, as in other Courts of Equity, and upon Oath.

He Answered, That he remembers in my Lord Chichester's time of Govern∣ment, it was the practise of the Board so to do: That he remembers it in my Lord Grandison's time; that he had the Honour to be called to the Council-Board under my Lord Faulkland's Government, and knew it then. And it was in the Justices time that preceded my Lord Strafford's Government, To have Petitions, Examinations of Witnesses, Publication, a day of hearing granted, and all ordinary Proceedings.

Being asked, Whether at that Board they have not been punished, who have disobeyed Proclamations, and Acts of State, before my Lord Strafford's time, and how long.

He Answered, That out of his Observation, at Council-Table Acts of State were made, because of the scarcity of Parliaments, that they might be a Supplement to Acts of Parliament, that he hath known before; and when he sate at the Board on contempts of these Acts of State, or Procla∣mations, which, he said, he had heard the Judges say to be a kind of Law of the Land, for the present; the Parties were Attached, brought to the Board, and upon full Examination of the Cause, and Proof of the Con∣tempt, sometimes Imprisoned, sometimes Fined, according to the Delin∣quency and Degree of the Offence supposed to be committed.

Being asked of Fines in Cases between Party and Party.

He Answered, That he doth not remember any Fine imposed in a special Cause betwixt Party and Party.

Sir Adam Loftus being asked to the same purpose.

He Answered, It hath ever been, since his remembrance, the constant Practise there, in Causes of the Church and Plantation, to proceed on Pe∣tition, Answer, &c. and Fines imposed on Breakers of Publick Acts of State and Proclamations. But he remembers not any Fines for Contempts, in case of particular and private Interest.

We shall admit it to have Cognizance of matters of Plantation and Church, and such as are recommended from the King to the Council here. * 1.191 But not to be a Court of Record.

From these Proofs, I infer, That the Council-Board there hath another Constitution then here, where it is only a Court of State. * 1.192

I shall produce the Order made in my Lord of Corke's Case, which I observe to be in the Case of the Church, and so within the Cognizance of Deputy and Council.

The Order was read, being signed by Sir Paul Davis, and acknowledged by my Lord of Corke to be Sir Paul Davis's hand.

Upon reading whereof, my Lord of Strafford observed, That it appears to be a Church-Cause, That the Order was just, and that the Clause for the Plaintiffs giving of Security to answer the mean Profits, which my Lord of Corke said was struck out of the Order, and for my Lord of Corke's liberty to bring his Action at Law, only he was limited to prosecute it with∣in a year.

Mr. Leake was produced by my Lord of Strafford, and being asked what Authority he hath known the Council-Board in Ireland to exercise, both before my Lord of Strafford's coming thither, and since, in Causes of the Church and Plantation, and concerning Contempts to Proclamations, and Acts of State, and what Countryman he is.

He Answered, That his name is Leake of Leake, in the County of Not∣tingham, where, he said, his Family hath continued 400 years: That it is 14 years since he went into Ireland, and before this Lords-Deputies time; and before that time he did not observe any restraint from Injunctions on the Council-Board, till the Instructions published, and they did stay them.

That they proceeded by Injunction, Process, Bill, Answer, Examina∣tion, and other Courses, as in the Chancery of England. And since the same course hath been held. And my Lord of Strafford hath had in the Castle-Chamber divers Causes of Law argued before him concerning the Church, wherein one Chadwick and divers others were convented thirty times, when he the Examinant was there and heard them twenty he is sure, but he thinks thirty. But my Lord of Strafford did forbear to give Sentence, till he heard these Causes argued: That 14 years he hath been very well versed in that Kingdom, that he hath known Injunctions have gone out from thence to stay Proceedings in Causes, where they have Power of Jurisdiction, that he hath known my Lord Chancellor Loftus that was, to grant an Injunction without Bill, and before any Complaint depended be∣fore him, and that he himself had the Injunction granted.

Being asked about the time of his going into Ireland.

He said he went betwixt 1627. and 1628.

Whence observe, that the Witness hath made an Observation of the In∣structions five years before he came into Ireland. * 1.193

Being asked some other questions touching the occasion of his going into Ireland, and how he came to take notice of the Proceedings there.

He Answered, He hath been there at several times, to pursue some Tenants of his that fled into Ireland; and by reason of the Suits and Petitions he prosecuted in his own Right, he had occasion to enquire after Proceedings there, having been there for the most part of 14 years.

To the Statute of 28 H. 6. which the Commons have pressed as a Rule for the re••ing of Causes to their proper Courts, and to annihilate all * 1.194 these Proceedings before the Deputy and Council; and before the Deputy

alone in his particular Jurisdiction, in the nature of a Court of Requests in England. I reserve my self to have my Council give satisfaction therein: Only desire your Lordships to observe the last Clause, saving the King's Prerogative.

These Proceedings are not against Magna Charta, they being according to the Laws and Customs of the Land; though it be not the Custom of England. And if he hath been an Innovator, it hath been to conform Ireland by all ways he could in Religion and Laws, to the better and more excellent Pattern of England.

To the Objection made against Mr. Gwyn, he is altogether unknown to me, only was recommended to me, and here is a Certificate that Gwyn is Master of Arts; but that was not read, nor insisted on.

To the matter of words Charged upon him.

He Answered, That words without Fact can be no matter of Treason, though of a higher nature then these.

That words are to be charged within a limited time.

1 E. 6. Ca. 12. whereby it is provided, That none shall be Impeached concerning Treason for words only, if the party, being within the Realm, be not accused within thirty days: If out of the Realm, within six months, &c. Which Proviso his Lordship read, and reserved to his Council farther to apply it.

For the words spoken to my Lord of Corke, That neither Law nor Lawyers should dispute my Orders. I conceive I might justifie the speak∣ing of them, if the Orders, and Acts of State be justly warrantable, and honourably made.

Yet it is improbable I should speak the words, when the Order refers it self to Law.

If they were spoken, they are at the highest indiscreet and foolish; and it is a heavy thing to punish me for not being wiser than God Almighty hath made me.

For the last words, That I would make the said Earl and all Ireland know, That so long as I had Government there, An Act of State made, or to be made, should be as binding as an Act of Parliament. I observe my Lord of Corke's quick memory, that could swear them roundly, without missing a letter or sillable as they are laid in the Charge.

That these words are only in the Charge, and so only to be answered to. And for Answer, I say, That in case of an Act done, they may be brought collaterally, as an inducement, to prove the intention. But the Act must be proved, before they can touch me as of Treason.

My Lord of Corke is a single Witness, and by a Proviso, 1 E. 6 Ca. 12. no person, after the first of February then following, is to be Ar∣raigned, &c. of Treason, &c. for any words to be spoken after the said first of February, unless the Offendor be accused by two sufficient Witnesses, or should, without violence, confess them.

To the words spoken of by the other Witnesses being the same in effect, I am not to answer, being extrajudicially proved, and spoken in other places and times than I am Charged withall.

Yet I think they might be fairly interpreted: For if an Act of State be not made against an Act of Parliament, or a Fundamental Law of the Land, but consistent with it, and made by way of provision for remedy∣ing some present Mischief in the Common-wealth, till the Parliament may provide Redress for it. They are as binding during the time they are in force, as an Act of Parliament (though I confess, the Comparison is

not good) because they be made according to Law and Justice; accor∣ding to the Fundamental Laws of the Land, wherein the Prerogative of the Crown hath a part, as well as the Property of the Subject: For if the Propriety of the Subject, as it is, (and God forbid but it should continue) be the second, undoubtedly the Prerogative of the Crown is the first Table of that Fundamental Law, and hath something more imprinted upon it: For if it hath a divinity imprinted upon it, it is God's Annointed; It is he that gives the Powers. And Kings are as Gods on Earth, higher Pre∣rogatives than can be said, or found to be spoken of the Propriety or Li∣berty of the Subject; and yet they go on hand in hand, and long may they do so, long may they go in that Agreement and Harmony, which they should have done hitherto, and I trust shall be to the last, not rising one above another in any kind, but kept in their own wonted Channels. For if they rise above these heights, the one or the other, they tear the Banks, and overflow the fair Meads equally on one side and other. And therefore I do, and did allow, and ever shall, for my part, desire they may be kept at that Agreement and perfect Harmony one with another, that they may each watch for, and not any way watch over the other. And therefore this being a Care of the Prerogative, as long as it goes not against the Common Law of the Land, it is the Law of the Land, and binds, as long as it transgresses not the Fundamental Law of the Land, being made provisionally for preventing of a Temporary Mischief, before an Act of Parliament can give a Remedy.

And this Condition must be implyed, That it must be binding, pro∣vided it be according to the Law of the Land. I instance in that Exception that King Iames would take, when a man saies he will do a thing as far as he may with Conscience and Honour; because in Persons of Conscience and Honour, those words are always implied.

That the Wisdom of our Ancestors hath prevented this Mischief; That for a mis-word, a Peer of England should lose his Priviledge, being as great as any Subjects that live under a King, that is not a free Prince of the Empire. And the Preamble of a Statute in Queen Elizabeths time, the very bent whereof is to take away the dawning of words, without any further Act; which Preamble was read to their Lordships.

And so I conclude, the words were unwisely spoken, because they may be brought to a hard sense, but not Criminal, for none of them swear any thing done in breach of the Law.

I except against my Lord Kilmallock's swearing Sir George Ratcliffe to be my Eccho, as if he knew my thoughts; and against Mr. Hoy, as a party concerned in Interest, though not in name, in a Suit that is or will be brought against me before your Lordships come to the end of the Charge.

I confess Mr. Waldron's Testimony makes me stagger, being the only person could make me believe I said the words.

I except against Sir Pierce Crosbies Testimony, having been formerly Sentenced in Star-Chamber, and I know what Sir Pierce Crosby swore there, and that I never Communed with him so far, as to have such a Dis∣course, as is mentioned, in all my life.

To the Suit in the Castle-Chamber against the Earl of Corke, on pre∣tence of breaking an Order of Council-Table. I conceive it had relation to an Order made in King Iames his time, 20. March, 11 Iac. which I desire may be read, (being now produced) as also the Information there exhibited, that so I may justifie my Answer in that point of it; That

the Suit was not upon that Act alone, but for other matters also; but that was admitted by the Committee. And so the reading of them was waved.

To that Point of Mr. Waldron's Testimony, touching the offering of a Lease to the Person concerned, rendring the half value: I conceive this Circumstance qualifies the words, it being according to Law.

To demonstrate which, the Statue was read.

That no Lease shall be granted, upon which less is reserved to the Lessor (during 21 years) then the moiety of the Lands value.

And so his Lordship concluded his Defence, and the Manager made Reply in substance as followeth.

That this Article proves my Lord of Strafford's Intention to subvert the * 1.195 Laws.

That the long time spent in maintaining the Jurisdiction of the Council-Board, is the least part of the Article.

That though these words singly, be admitted not to be Treason, yet seve∣ral words and actions must prove the general Charge, of his endeavouring to subvert the Laws.

To the several Provisoes in that Act of Parliament, mentioned by my Lord of Strafford, concerning words, we observe, That the words Charged are only matter of Evidence, to his general Intention, of subverting the Laws. And whereas he says they are not charged in time, the Commons bring this as done long ago, and continuing to this day, if he were not prevented; so they take him Flagrante Crimine.

To the Practise of the Council-Table before his time, his Witnesses have proved their proceedings in Cases of the Church and Plantations. But in other Cases we deny it, for it is contrary to Law.

That admitting the extent given by the Instructions to Church-Causes (though the Proclamation hath no such exception.) Yet it comes not to the Case of my Lord of Cork, who claimed the thing in question as a Lay-Impropriation; derived to the Crown, by the Statute of Dissolu∣tion.

That my Lord of Strafford makes this Government Arbitrary, in threaten∣ing the Earl of Cork, to lay him by the heels, if he went to Law, whereas the Order gave him liberty.

That the Original Order in my Lord of Corke's Cause was drawn, with these words put out, concerning Gwyn's giving Security, and that justifies my Lord of Cork's Testimony.

That notwithstanding my Lord of Strafford's justification of his words, That neither Law nor Lawyers should question his Orders. This is to assume an Arbitrary Power; for if his Orders be legal, the Law must justifie them, if not, question them.

That the words, Of making an Act of State equal to an Act of Parlia∣ment, are proved by my Lord of Corke; and those spoken are a confir∣mation of those before, and expresly within the Article. The latter point thereof recites, that he spake the words at other times.

This altogether justifie my Lord of Corke's Testimony, though a single Witness, and prove that my Lord of Strafford hath made it a habit to speak such words.

That they have one Witness more, and that is my Lord of Strafford himself, who says, He never spake any thing but truth; and said, That he would make an Act of State equal to an Act of Parliament.

We desire, that for the taking off the Aspersion cast on Sir Pierce Crosby, my Lord of Castlehaven may be examined, touching the words alledged to be spoken in his presence.

The Earl of Castlehaven being sworn and examined touching the said words, * 1.196

Answered, That it is a business past long ago; and but a Table-dis∣course, and he took not much notice of the Circumstances: But as he remembers, there fell a difference between my Lord of Strafford, and Sir Pierce Crosby, within three or four months after my Lords coming over; and that as well as he can remember, my Lord of Strafford did say, That an Act of State was equal to an Act of Parliament; but he remembers not the occasion.

That the Justice of the Order in my Lord of Corke's Cause, is not material, or whether within the Jurisdiction of the Council-Table, the * 1.197 Charge being, That upon such an Order made, my Lord of Strafford threatned the Earl of Corke for Suing at Law.

That the Justification brought by my Lord of Strafford, is an Aggrava∣tion, restraining Liberty to Sue at Law, to a year, else to be concluded for ever.

Whereas my Lord of Strafford says, he hath spoken unwisely, but done nothing; sure he that Threatens doth something; and his Actions will ap∣pear in the next Articles.

For the Priviledge of Peerage, It were to be wished he had known, or remembred it sooner, in my Lord Mountnorris his Case.

That though he says, Acts of State are to be allowed for temporary provision, till an Act of Parliament, yet when things are propounded, and rejected in Parliament, shall he supply it by an Act of State.

We desire to examine one Witness more.

The Earl of Strafford excepting against it, as not regular, the Lords Adjourned to their House, to take consideration of it.

And a little after, returning, the Lord Steward declared their Lordships * 1.198 Resolution, That the Witness might be examined; The matter in questi∣on, arising from what was offered from the Earl of Straffords Defence.

Roger Lotts Sworn, and examined, what words my Lord of Strafford * 1.199 gave out, when an Act for Powder would not pass in the Commons House; and what Act of State was thereupon made.

He Answered, That he had the Honour to be one of the Members of that Parliament that began 1634. and ended April 1635.

That at the Close of that Parliament, my Lord of Strafford then Lord Deputy, told the House of Commons, then sent for up, That they had Voted against some Bills in the lower House, amongst the rest, that of Gun-powder; where it was made Felony for any man to buy, or have any, unless he got a License first for it: That my Lord afterwards told them, That notwithstanding they had Voted against it, yet he would make that, and some other Bills they had Voted against, Acts of State, that should be as good; and said, he heard it was done afterwards, but he doth not know that.

This Witness is something of Justification of my Lord of Corke's Testi∣mony; against which, my Lord of Strafford hath made some Exception. * 1.200

And the Lord Digby added something for the Justification of my Lord of Killmallocks Testimony; against which, my Lord of Strafford had like∣wise excepted.

And so the Reply was concluded.

To the Deposition of Roger Lotts, my Lord of Strafford Answered,

I had received direction concerning Powder; it being not conceived fit, * 1.201 for Reasons of State, to buy, and have Powder at pleasure, or that that Commodity should be so frequently brought into the Kingdom, and com∣mitted to unsafe hands; so in that point, I did but what I was commanded out of many Reasons; which I desire I may forbear to express, it not con∣ducing to my Acquittal or Condemnation.

And so the Lords Adjourned.

The Sixth day.

Saturday, March 27. 1641.

[article 5]

THE Fifth Article. The Charge.

That according to such his Declarations and Spéeches, the said Earl of Strafford did use and exercise a Power above, and against, and * 1.202 to the Subversion of the said Fundamental Laws, and Established Go∣vernment of the said Realm of Ireland, extending such his Power, to the Goods, Freé-holds, Inheritances, Liberties, and Lives of his Ma∣jesties Subjects of the said Realm; and namely, the said Earl of Strafford, the Twelfth day of December, Anno Domini 1635. in the time of full Peace, did in the said Realm of Ireland, give, and procure to be given, against the Lord Mountnorris (then, and yet a Peér of the said Realm of Ireland, and then Uice-Treasurer, and Receiver-general of the Realm of Ireland, and Treasurer at War, and one of the Principal Secretaries of State, and Kéeper of the Privy Signet of the said Kingdom) a Sen∣tence of death by a Council of War, called together by the said Earl of Strafford, without any Warrant, or Authority of Law, or Offence deser∣ving any such punishment. And he the said Earl, did also at Dublin, within the said Realm of Ireland, in the month of March, in the Four∣téenth year of his Majesties Reign, without any Legal or due Procéed∣ings, or Trial, give, and cause to be given, a Sentence of Death against one other of his Majesties Subjects, whose name is yet unknown; and caused him to be put to Death in Execution of the same Sentence.

THe Manager began to open this Article, shewing, That though my Lord of Strafford insisted on it, That whatever his words * 1.203 were, his Actions were not against Law. This Article comes properly to reply to that Answer, It charging him with exer∣cising of a Tyrannical Power over the Person of a Peer of that Realm.

And first, It was desired that the Sentence of Death against my Lord Mountnorris, might be read, which was attested on Oath, to be that which was delivered by Mr. Secretary Windebanck, upon the Commons humble Suit to His Majesty, for His leave, to have a Copy thereof, That the Papers concerning my Lord Mountnorris, might be delivered into the House, occa∣sioned upon my Lord Mountnorris his Petition to the House in that behalf.

The Sentence was read.

Reciting first, His Majesties Letter, Iuly 21. then last, wherein notice is taken of the Respect due to the Deputy and General of His Majesties Army; and of the Carriage of my Lord Mountnorris, holding a Captains place in the Army; in uttering Speeches, inciting a Revenge on the Earl of Strafford, Lord Deputy, and Lord General; and Command thereby given, on receipt thereof, to call a Councel of War; and that the Lord Mountnorris should undergo such censure, as the said Councel of War should impose, for the Lord Deputies full reparation.

Secondly, That a Councel of War was accordingly called; the words are also set forth, and the occasion, as followeth, That within three or or four days after the Lord Deputy had Dissolved the Parliament, his Lordship sitting in the Presence Chamber, one of his Servants, in moving a Stool, happened to hurt the Lord Deputies Foot, then indisposed, through an accession of the Gout, which being spoken of at the Lord Chancellors Table, one said to the Lord Mountnorris, being there present, it was Your Lordships Kinsman, who is one of the Lord Deputies Gen∣tlemen Ushers, that did it.

Whereupon, the Lord Mountnorris publickly, and in a scornful and contemptuous manner, answered, Perhaps it was done in Revenge of that publick Affront that my Lord Deputy did me formerly. But I have a Brother that would not have taken such a Revenge.

Thirdly, The Sentence likewise sets forth, That the Lord Mountnorris would not Answer the said Charge negatively or affirmatively, though re∣quired by the Councel of War.

Fourthly, That thereupon, the Witnesses, for proof thereof, were called, viz. Viscount Moore, and Sir Robert Loftus, who upon Oath de∣posed the same words, to be so then, and there spoken; and the Lord Mountnorris at last, submitted himself to the Councel, protesting, that whatsoever interpretation might be put upon his words, he intended no hurt to the person of his said Lordship; and affirmed, That he would dye before he would give the Deputy and General occasion to give him such a Rebuke.

Fifthly, That for the nature of the offence, It was conceived to con∣tain a Calumny to the Lord Deputy and General, insinuating the affront pretended, in these words of my Lord Mountnorris's, to be given to the said Kinsman, and an Incitement to Revenge; and that if the words had been spoken of the Person of the King, it had amounted to High Trea∣son; which by some rules of Proportion, might be applyed to His Deputy.

Sixthly, That the words were spoken when the Lord Deputy had the Honour to be Apparelled with his own Robes of Majesty and Soveraignty; when part of the Army was in motion, and the Lord Deputy and Gene∣ral present.

Seventhly, That the words were adjudged an apparent breach of the 21st Article of the Printed Orders, and Laws for War, dated the 13th of March, 1633. whereby it is Ordered, that no man shall give any disgrace∣ful words of any person in the Army, upon pain of Imprisonment, pub∣lick Disarming, &c. And also of the 13th Article, That no man-shall offer Violence or Contempt to his Commander, or do any act, or speak any words, to breed mutiny in the Army, or Impeach the obeying of the principal Officer, upon pain of death.

Eighthly, That according to the said Articles, the Counsel do unani∣mously, with one joynt consent, (not one of us of another Opinion) ad∣judge the said Lord Mountnorris, for his high and great Offence, to be Im∣prisoned, to stand from henceforth deprived of all his Places, and Enter∣tainments due, which he holds in the Army. To be Disarmed, to be ba∣nished the Army, and disabled from ever bearing Office. And lastly, to be Shot to death, or lose his Head at the pleasure of the General.

Given at His Majesties Castle at Dublin, December 12. 1635.

Valentia Cromwell.

This Sentence of Death against a Peer, was pronounced by Martial Law, * 2.1 against the fundamental Rules of Law, without Trial, Answer, or Hearing; That though my Lord of Strafford owns it not, yet he made relation of the Injury to His Majesty: His Majesty did justly direct, that my Lord of Strafford should have just reparation. That my Lord of Strafford pro∣duceth the Witnesses, refused to let my Lord Mountnorris Answer, though he demanded the benefit of the Law; owns it in his own Person, for he said, (treading on our Foot) and an Injury done to us.

And whereas some would have mitigated it, and found him guilty of the first Article, He himself pronounceth it, both or none.

The whole proceeding was but half an hour; no notice was given be∣fore-hand, and my Lord Mountnorris checked, for desiring to cross∣examine.

My Lord Mountnorris produced as a Witness; some Exceptions were taken against him by my Lord of Strafford, but were over-ruled.

His Lordship being Sworn, and being directed to declare the whole * 2.2 truth in this business, Answered as followeth:

Upon the 11th of December, 1635. I was warned by a Pursevant, late at Evening, to attend my Lord Deputy in the Council-Chamber, at a Council of War next morning, by Eight of the Clock.

Coming thither accordingly, I found many of the Council, and Cap∣tains of the Army; and having conferred with several of the chief of them, and with my Lord Valentia Cromwell, and others, they said, they knew not for what that Council of War was summoned; after a whiles stay, my Lord Deputy came into the Room, and sat down at the Boards end, and commanded the rest to sit down; where my self, that had the Honour to be His Majesties Vice-Treasurer, by His Grace and Goodness, sate in my place: After all were set, my Lord Deputy exprest, he had called that Court to do himself Right and Reparation against my Lord Mountnorris. At those words, I rose up from my place, and humbly

presented my self at the Boards end, as the manner is, near his Lordship; who making some Speech, about words uttered by me shortly after the preceding Parliament, which was April 18. 1635. and the words spoken within three or four days after, took a Paper in his hand, and out of that, read the words wherewith he charged me; to the effect, I conceive, as they are mentioned in the Sentence. After his Lordship had read them, he demanded of me, whether I would confess them, or deny them. I did humbly desire, I might have the Charge in writing, that I might Answer it by advice of Learned Counsel, the words being charged to be spoken long before, and it was hard to Answer them suddenly. His Lordship Answered, That was not the course of a Martial Court, I must Answer directly. I did several times desire I might have the Charge in writing; and my Lord of Strafford answered in the same kind, That I must An∣swer, whether I would confess, or deny them.

Two or Three of the Counsel of War spoke something also to that purpose; as I remember, the Lord Cromwell for one, and Sir Ch. Coote, and Sir Iohn Burlacy; who intimated, that the manner was, I must confess them, or deny them. Standing a while silent, my Lord Deputy said, He thought they must proceed against me as a Mute; for he will not Answer, and therefore they must take them for granted. I said over again what I had said before, and desired I might have my Charge in writing; and that I might have Advice of Counsel, that I might be used as a Peer of the Realm, and an Officer of the Crown; and still his Lordship denied, That must not be, It was not the Order of a Martial Court.

I replyed, and told the Lord Deputy, I had seen it otherwise in a Martial Court in England, between my Lord Reas and Ramzie, where the Cause was debated by the Advocates in writing. The Lord Deputy told me again, That must not be, I must Answer directly; and hereupon, the Lord Deputy caused His Majesties Letter, dated the last of Iuly, to be read; and when that was read, required me to make Answer: I confess, I was amazed at hearing of this Letter, and was much grieved; and with Humility and Grief, expressed on my Knees what Sorrow it had wrought on me; and that I had never willingly Offended His Majesty, or His Laws: And declared, that I had been mis-represented to His Majesty, and those Letters were got by mis-information; and humbly desired a Copy of those Letters, and the Charge, that I might Answer by writing; and that His Majesty might know my Answer before further Proceedings. His Lord∣ship upon that, rebuked me with worse Language than was fit to be used to a meaner man, and not a Peer, that desired but Law and Justice. The Lord Deputy told me, I was not mis-represented to His Majesty; for him∣self had represented me, and that matter, to His Majesty; and he did not use to mis-represent any thing: And then directly required me, whether I would confess them, or deny them. If not, he would prove them on Oath; and thereupon my Lord Deputy called for my Lord Moore, sit∣ting at Board with him, and required him to give his Testimony; who had an Oath given him by the Lord Deputies command, by the Clerk of the Council; and referred himself to what he and Sir Robert Loftus had long before put under their hands: Thereupon the Lord Deputy gave that Paper to the Clerk of the Council to read; which was the Paper the Lord Deputy held in his hand, and out of which he had read the Charge: And that being shewed to my Lord Moore, he said, to his best remembrance those were the words spoken. Sir Robert Loftus was also called in, and he being required to give his Testimony, referred himself

to that which he and my Lord Moore had put under their hands; and being shewed him, with his hand to it, he affirmed it. Then my Lord Deputy asked me, what I could now say, since the words were proved to my face: I humbly told his Lordship, and made solemn protestation, and offered to take my Oath, That I did never speak the words, as I was able to prove by several Witnesses; and desired, That the Lord Chancellor (at whose Table they were spoken) and Judge Martial of the Kingdom, then in Town, might be summoned to give his Testimony for truth, and Sir Adam Loftus his Son, and near twenty others; and desired they might be examined in the Cause; and that I was well able to prove, that the words charged to be spoken by me, were not spoken by me, but by others, as to that part that concerns the Affront; but his Lordship refused me to have any examined.

Being asked, whether all the Army was then on the march, as my Lord of Strafford had said in his Answer. He Answered,

There was at that time three, or four, or five Companies, I am not able to say how many.

When my Witnesses were refused, and I had made my protestation, that I had not spoken them, and was ready to prove it, (my Lord Deputy Answered, That he knew my Oathes and Protestations well enough) I took Exception to the Testimony of the Lord Moore, and Sir Robert Loftus, as I might in a Legal way. But my Lord Deputy rebuked me, and spoke in commendation of them; and bid my Lord Moore sit down now, and be one of my Judges: And thereupon commanded me to with∣draw, which I did, and went out into a Gallery by, where I stayed about the space of half an hour, I think not more, I am sure not an hour; and was then called in, and at the beginning, was required to Kneel as a De∣linquent; which I conceived I was not, having endeavoured always to shew my self a faithful Officer.

Then my Lord Deputy commanded Sir Charles Coote to pronounce the Sentence, as Provost Martial of Connaught; which he did briefly, in effect as in the Sentence: And my Lord Deputy took occasion to make a Speech, and told me invectively enough, (amongst other things) there remained no more now, if he pleased, but to cause the Provost Martial to do Exe∣cution. But withall added, That for matter of Life, he would suppli∣cate His Majesty. And I think he said, he would rather lose his Hand, than I should lose my Head; which I took to be the highest scorn, to com∣pare his the Lord Deputies Hand, with my Head: I said, I never did, and hoped I never should, endanger my Head by Offending His Majesties Laws.

I was hereupon commanded to be taken to Prison, by the Constable of the Castle, who took me thence away; what past in the time of my ab∣sence, I knew not; but the Articles I was charged with breach of, were not declared, nor I urged to Answer; if I had, I could have Answered, I knew of no such Articles, nor ever saw them, till Iune 1636. published by his own Authority; and made in time of War: And though made for regulating of the Army, yet were never put in practice; And on a Conference with some of the Council of War, I was informed, they dif∣fered in Opinion amongst themselves; and some moved, both the Articles might not be pressed; And his Lordship Answered, he would have both or none.

Being asked on my Lord of Straffords motion, how long after the Sen∣tence given, he remained a Prisoner in the Castle:

I was Committed the 12th, and remained until the 18th, and was not * 2.3 released by any Favour of my Lord Deputy, but on a Certificate of the Physitians; and that not admitted but upon Oath, That I was in peril of my Life; and a Petition drawn by them that had more care of my Health than my self, being so afflicted in body and mind, with the high Injustice and Oppression I had, that I was extreamly ill; and was then remitted on Security, given by the Chief Justice in 2000 l. Bond, to be a Prisoner.

Being asked on the Committees behalf, whether he was not taken to Prison again; and how long he continued in Prison for this Cause.

I continued at my House, and was very ill; and after that several times, was called to the Council-Table by my Lord Deputy; and an Informati∣on * 2.4 exhibited in the Star-Chamber for pretended Crimes, which I shall ever desire to Answer in any publick Legal Judicature, rather than live.

And I was imprisoned again the 11th of April; being sent for to my House, and found with my Counsel about me, preparing my Answer in the best manner I could; and the Advice was, I should demurr to that In∣formation, because I stood under the Sentence of death: I was carried by the Constable to the Castle, and brought before my Lord Deputy; and the said 11th of April 1636. was committed close Prisoner; and there continued till the second of May: And I knew no other cause, but that I had (as he said) neglected the Kings Grace; and had sent my Wife into England, and transgressed a Proclamation.

To which I answered, I had not transgressed it; that my Wife was full of Grief at my Calamities: and I had sent her to save my Life.

Then my Lord Deputy told me, that I had refused the Kings Grace offered me, in not accepting his Pardon; which I thought not Legal for me to take: And thereupon Committed me.

Being asked on the Lord Lieutenants motion, whether the Council were not present;

He Answered, Some of the Council were present; but my Lord Com∣mitted * 2.5 me, the Council not speaking a word.

Being asked again about the time of his Commitment;

I was first Committed the 12th of December, let go the 18th to my House; Committed again the 11th of April, put out the second of May: I was then in great Extremity, and admitted to my House again; where I lay in a long continuing sickness, and under the hands of Physitians: And the 30th of Ianuary afterwards, because I sued not out the Pardon, was imprisoned again, and there continued till March 1637.

The Lord Dillom was called, and after some exception taken by my * 2.6 Lord of Strafford, to the examining of him, because he might speak things that amount to an Accusation of himself, the same was over-ruled; the Committee for the Commons declaring, that they would make no use against him, of any thing he should speak concerning himself. His Lord∣ship was thereupon Sworn, and asked what my Lord of Straffords carriage was at the said Sentence, not accusing himself:

He Answered, That he was present at the Council, on Summons to be there; and the Council being set, as a Council of War, my Lord of Strafford did shew what they were called for; and did set forth some In∣juries he conceived done him by my Lord Mountnorris.

Upon that my Lord Mountnorris was spoken to, and much interlocution there was, before he would say he did speak the words, or deny them; and after much debate to and fro, the Witnesses were called in, my Lord Moore, and Sir Robert Loftus; and they did testifie the words in the Charge, upon Oath; much debate there was; to call every particular to remembrance he cannot at this present, but as near as he can he will, that was before my Lord Mountnorris withdrew; and after his withdrawing, and some Speeches to the Council of War, they came to Voting; and in the Voting, there was never a man, to his remembrance, in giving his Vote on both Articles, but did profess he gave it in a confidence, that there should be Mercy extended to my Lord Mountnorris; and with an Intercession, that he might find Mercy from His Majesty: And when the Votes were all past, my Lord of Strafford stretched forth his right Arm, and protested he had rather have his Arm cut off, or lose his right Arm, than my Lord Mountnorris should lose a hair of his Head, or a drop of his Blood, for that cause; and that he would write to His Majesty, to supplicate Him for Mercy.

Being asked on the Committees motion, whether my Lord of Strafford did not publish, he had acquainted His Majesty with it, and they were called together to give Reparation of some Injuries done to himself.

He Answered, My Lord made a long Speech at that time, setting forth the Charge, and making mention of His Majesties Letter, and His Majesties Letter was read; and he did understand by my Lord Deputy, it was to give Reparation; but the particular words, on his Oath he doth not remember.

Being asked, whether (some of the Council moving they might proceed on the Article that did not extend to Life) my Lord of Strafford did not reply, Nay both.

He Answered, That he remembers very well it was proposed to the Council of War, that they were to judge on both Articles.

And being asked by whom:

He said, he will Ingeniously answer, he believes my Lord of Strafford did; but specially to say, who, or in what manner, he cannot.

Being asked, whether the Evidence given against my Lord Mountnorris, was not written in a Paper, drawn out by my Lord of Strafford; and that the Witnesses referred to that wholly:

He Answered, He did see a piece of Paper in my Lord of Straffords hand; and believes it was some note for his remembrance, what it was, he knows not; and when the Witnesses were brought in, there was a paper to which they had set their hands of the words spoken.

Being asked other questions successively, touching the pressing of the Councels proceedings on the Article only, that touched not death; and whether my Lord of Strafford wished them to proceed on both:

He Answered, He remembers it not so prest on that occasion; nor doth he remember whether such a Provision was made, That the Proceedings should be on the Article that touched not Life.

Being asked, whether any beside my Lord of Strafford moved, they might proceed on both Articles.

He Answered, He remembers in the debate, the manner of proceeding was spoken of; and to his best remembrance, by the Discipline and Rule of the Army, it was said, he was to be proceeded against on both.

Being asked on my Lord of Straffords motion, whether the Earl of Strafford did not in plain and direct terms say, He would not be a Judge in that Cause, nor give a Vote by any means:

He Answered, He remembers he gave no Vote, and being more than five years since, the special words he doth not remember; but in general, after he had set forth the Injuries done to himself, he profest, he would give no Vote, but left it to the Council.

Being asked on the Lord of Straffords motion, whether he did not de∣sire the Council of War, but to proceed as to any other Officer in the Army; and what Sentence they should give, he would not take ill.

He Answered, When my Lord Mountnorris was withdrawn he spake not a word, but did when he came in again: He doth not remember the words.

Being asked whether the Army was not a great part of it in Dublin, and in motion, and daily exercised, when the words were spoken by my Lord Mountnorris.

He Answered, He cannot tell precisely whether the most part was there; but there was a part of the Army there, and they did exercise.

Being asked on the motion of the Committee, whether the Sentence he approved so well of, he thanked them for it.

He Answered, That he doth not remember any special words; but he thinks, in Civility he would do it.

Being further asked, whether, after my Lord Mountnorris was with∣drawn, my Lord of Strafford did not continue in his place, and sit at the Table end amongst the Council.

He Answered, I do really believe he did so.

The Lord Strafford confessed he did, when the Votes were delivered; but desired the Lord Dillom might be asked, whether he sate only as a party, not as a Judge; and sate bare through the whole proceeding of the Cause.

He Answered, He doth not remember it particularly, whether he sate bare all the while; for it is long ago, and he did not heed it.

The Lord Ranulagh being asked, whether he was present at the Lord Mountnorris his Sentence; and whether my Lord Strafford declared, they * 2.7 were called together to give satisfaction for Injuries done him by my Lord Mountnorris.

He Answered, That in this particular my Lord of Strafford was Nobly pleased to mention his tenderness of my Lord Dillom, least he should be his own accuser, He was pleased to mention something the other day, wherein he had tenderness of him; That he shall be as little fearful to speak the truth in this Cause, as in that, having been required by their Lordships; as presuming he hath done nothing but what he may justifie; That for that particular question, he hath been heretofore examined in some particulars of it; and shall now, with the best of his memory re∣peat, and offer to their Lordships, according to his weakness, every pas∣sage in it.

That he was summoned to appear in the Council-Chamber; and, as he takes it, it was December 12. 1635. That being there, my Lord sate in a Council of War, and he (amongst others) having the Honour to wait on him, my Lord Mountnorris's name being mentioned after he was set at the Board, arose, and stood as near my Lord Deputies Person, as was fit for him, towards the upper end of the Table: And there stood charged with several dis-respectful words spoken by him; and the words mentioned in the Censure that was read, were the words; That he was charged to

have spoken those words in breach of certain Articles, by which the Army of Ireland was Governed, the 13th and the 41st, That there was much in∣terlocution from my Lord Deputy to my Lord Mountnorris, and returned from my Lord Mountnorris to my Lord; the substance was, That he was ready to give his Charge, That he had violated those Articles, That my Lord Mountnorris desired time to answer by Counsel; and that he might have his Charge in writing. That being not readily granted, he insisted on it, That he might have time to prepare his Answer, but was told, it was con∣trary to the form of that proceeding; But whether that Objection of the form, came from my Lord himself, or from some other Member of the Board that I heard before named, I cannot possibly say. But thus stands the state of it, my Lord Mountnorris neither confessing nor denying the Charge, my Lord Deputy replyed, Sir, If you do neither confess nor deny the Charge, how shall we proceed? The Deputy called on the Lord Moore, and said, What shall we say to this business? My Lord, saith the Lord Moore, what I can say, is under my Hand; That a little time after, a Letter was read from the King, whereby His Majesty was pleased to give direction to proceed in a Martial Court, for Reparation and Honour of the Lord Deputy, on the Complaint and Information given to the King. That my Lord Mountnorris instantly fell on his Knees, expressing a great deal of Grief and Sorrow, and in truth Passion, and had not much to say for himself; and soon after, was bid to withdraw; and being with∣drawn, my Lord Deputy said, That as he had complained to the King, so he would expect that Honour from the Board, That his Cause should be taken into consideration, and such Redress given as was fit; He deman∣ded Justice according to the Articles insisted on: And having declared it, there was a silence amongst us for some time; That he was the first that brake that silence; and in as humble manner and terms as he could light upon, did humbly desire my Lord Deputy to give him leave, to ask whe∣ther he would give leave to wave either of those Articles; but my Lord said, he would demand Justice on both.

That this being so, there was some Interlocution of discourse among the Council, and in truth he thinks, that he was one of the first that said, that these Articles, and the words, cannot bear so good a construction, but that there may be some danger of a breach upon these Articles.

Being asked whether the words were not represented to the Council of War in a Paper written, and the Testimony given in pursuance of that Paper.

He Answered, That as he remembers, my Lord Moore having made a return to my Lord Deputy, My Lord, What I can say, your Lordship hath under my hand; he thinks my Lord Deputy said, My Lord, if you deny it, I have it under your hand to shew.

And thereupon (as he remembers) the Clerk of the Council standing by, had direction to draw up some Interrogatories, which my Lord Moore did acknowledge; and Sir Robert Loftus too did affirm, that they were spoken by my Lord Mountnorris, as much as was mentioned in the Paper.

Being asked how many Companies of the Army were then in Town; how many in a Company; and whether they were exercised in a more than ordinary Training; and how many Companies the Army consists of:

He Answered, That he thinks the Horse-Troops were 40, or 50 at the most; some my Lords own. The Foot-Companies were 50. And of

those Companies there were (he takes it) two Horse-Troops, besides my Lord's own Troop, and four Foot-Companies; they were called up to guard and attend our Occasions in Parliament, and they did their Duties as Souldiers every day, as indeed my Lord of Strafford was careful of well exercising the Army as any General he ever saw; and there are forty Com∣panies of the old standing Army.

Being asked on my Lord of Straffords Motion, Whether my Lord of Strafford did not declare he would not give Judgment in the Cause, but Appeal to them as a Suitor for Reparation.

He Answered, That my Lord of Strafford held them to the Point of the Articles, demanding Justice on the Articles; that he said sometimes, he would depend on our Judgment in it, and yet he would hold us to the Point of the Articles. And further, that if there were not a necessity of his being there, he would have withdrawn too. But my Lord would not give the Council a latitude to proceed according to the King's Letter for Reparation, but he held them to the Point of the Articles.

Being asked on my Lord of Strafford's Motion, Whether he did not tell my Lord Mountnorris, when he went out of the Room, that he would not speak a word till he came into the Room again, and whether he did not do it accordingly; and whether he sate bare all the while as a Party, and not as a Judge.

In answer, he desired leave to offer to their Lordships, that he acquainted their Lordships before; that as soon as my Lord Mountnorris was with∣drawn, my Lord did declare what he the Lord Renula had formerly said. But after the Council fell into debate of it, he spake not a word, nor gave any interruption. And he cannot positively say, that he sate bare all the while.

Being asked, Whether this was not in the time of full Peace, and whe∣ther any Rebels or Enemies were in the Kingdom.

He Answered, Certainly it was a time of very full and happy Peace.

To prove, that in discourse concerning this Sentence, my Lord said after∣wards, * 2.8 He would not lose the Honour or Share of it.

The Earl of Cork being asked to that purpose. * 2.9

Answered, That all he can remember is, that the Sentence was publickly read in the Star-Chamber, and my Lord said, He would not lose his Share in the Honour of it, but he cannot remember the day.

Lord Viscount Dillon asked to that purpose.

Answered, That he happened to be in the Star-Chamber that day, by my Lord of Strafford's Command, and carried the Sword that day. That the reading of the Sentence he remembers not, but the words he heard, That the Sentence given against my Lord Mountnorris, by the Council of War, was a noble and just Sentence, and for his part he would not lose his share of the Honour of it.

The Commons proceeded to that part of the Charge, which concerns the execution of another man by Martial Law.

William Castigatt sworn, being asked several questions touching that * 2.10 part particularly, Whether he knew one executed by Martial Law, and by whom? &c.

He Answered, Yes, his name was Thomas Denewitt, and it was last Sum∣mer was two years, that he was on the Green, when he was hanged, and they were born in the same Town: He said, he knew not what Martial Law is, but he was hanged on one of the bows of a growing Tree, and he takes it my Lord of Strafford was present; he added, that all the Soul∣diers were there, and the Company; but knows not whether he was con∣demned by a Jury or no. And he heard that he was hanged for a quarter of Beef, that he, and some of the Company took away.

Lord Viscount Dillon being asked, If he knew of the Execution of the * 2.11 said Person, whether he was condemned by Martial Law, and whether he was a Suitor to my Lady Strafford, and could not prevail.

He Answered, He did not know that man by name that was hanged, but it was by Martial Law. And he, and another noble Lord that sits here, were Suitors for him to my Lady, and she told them, she did endeavour, but could not prevail for a Pardon.

That it was a little before the 500 men went to Carlisle, out of Ireland.

That he was not present at the Trial, but saw him hanged on the Green at Dublin on a Tree, and knows not his name; and he conceives the Pro∣vost-Marshal, or the Provost-Marshal's Son did Execution, for they were there both of them. That the Cause was double, as he heard, for which he was condemned; for flying from his Colours, and for stealing some Beef.

Patrick Gough sworn, and asked to the same purpose as before. * 2.12

He Answered, That he remembers about the time of the 500 Souldiers sending to Carlisle, and the Army in Dublin, this man was executed by the Provost-Marshal's Son, and on a Tree, and that time two other Souldiers were whipt. The voice of the Report was, He was hanged for a quarter of Beef, and running away from his Colours.

Lord Renula asked what Answer was given, when a motion was made that this man should be tried at Law.

He Answered, That he was warned to come to a Marshalls Court, and the Messenger came so late, that he came not timely enough to give his Vote in the Court. That he came when the matter was fully heard, and ha∣ving done his duty to the Lord-Deputy, sate down behind the Chair. That there were some controverted Opinions concerning the condemnation of the man. The Lord-Deputy was pleased to desire his Opinion, and stated the Evidence to him, as it appeared before the Court, which, to his remembrance, stood thus; The party was accused to have stollen some Beef; and charged to have run from his Colours, which was the reason of the parties being called thither, as he conceived. And it was thus, coming to his Lieutenant to demand his Pay (if he be not mistaken, and if he be, he should be glad to be certified by any,) the Officer said, He had it not; then he desired to be Discharged, Then go and be hanged, said the Officer; and thereupon left his Colours, yet left his Musket with his Corporal. That for the Beef, it seems the Fact was clear, that this was when a Regi∣ment of Foot was to be transmitted to Carlisle, and were at Dublin at∣tending their Transportation hence. That he the said Lord Renula was desired to inform himself of the particular charged upon his going from his Colours. The thing in his excuse was, The Officer's bidding him go

and be hanged, and leaving his Musket: That therefore he, the Lord Renula, did the rather advise he should be tried by the Law, than in that Court: That he doth not conceive the Sentence was made certain before he came in, and if he be not mistaken, there is a Noble Peer of this House sate in that Council, and he is sure, that he (the said Peer) offered Reasons why he should not die for that Fact, for he heard him argue it so, and that is my Lord Conway.

Lord Conway was sworn, and asked his knowledge of this. * 2.13

He Answered, That he hath been asked of this heretofore, and there∣fore is something more in his memory than otherwise it would have been, for he had almost forgot it, and it is very imperfectly in memory. He remembers that he was at a Council of War in Dublin, that there was a man condemned to be hanged, and that it was for such a matter as their Lordships had heard spoken, more of it he doth not remember.

And being further asked, Whether any Proposition was made to my Lord of Strafford, to have the man referred to a legal Trial, or the Execu∣tion deferred.

He Answered, He remembers it not.

And so they closed the Article, observing it to be fully proved in both parts of it, and that it makes good the general Article, of exercising a Tyrannical Government over His Majesties Subjects.

The Earl of Strafford began his Defence.

I humbly conceive my Answer must be allowed me, if I prove clear of * 2.14 Treason, having been debarred of Witnesses.

My Answer saith, That the Deputies have always exercised Martial Law in time of the Armies march, and divers Articles for regulating the Army printed, according to which divers have been put to death in Peace as well as War.

That the Lord Mountnorris, for breach of two of those Articles, was proceeded against by 20 in number, and Sentence of Death pronounced, wherein I was no Judge; and I obtained from His Majesty that no perso∣nal hurt befel him, but a few days Imprisonment.

If I had been questioned on my Life for Murder or Felony, I might in extremity have feared (perhaps) but certainly this can by no Law be made Treason, for which only I must answer, being a Crime of another nature.

I trust this will appear no Crime, or such a one as, I hope, His Majesty will grant me a Pardon for, as He hath done to others.

I desire to excuse a Mistake in my Answer, about the whole Armies be∣ing at Dublin, and I desire in my Answer to have liberty to rectifie a mistake.

I humbly desire the Commission may be read under the Broad-Seal, whereby I am made General of the Army, and Power derived to exercise Marshal-Law, which was read, and this limitation is in it as to the exercise of Marshal-Law, Si opus fuerit. And this I observe is according to the practise of all the World in Cases of this Nature.

That the Army in Ireland is a standing Army, in the King's pay, and and hath, and always had Marshalls, Serjeants, Majors, Generals, Provost-Marshalls, and other Officers.

We admit that there is an Army in Ireland that is in pay, and distribu∣ted in the Country, and hath Officers belonging to it. * 2.15

The Generals there have from time to time set forth Orders in Print, for * 2.16 the Government of the Army, and the Officers of it, particularly my Lord Wilmott, whose Orders are here to be read.

My Lord Wilmott being examined, confest there were Orders made for regulating the Army, that he had the Honour to be General four years, * 2.17 and that the Articles offered by my Lord of Strafford, and by him viewed, are attested under his Hand, for which he took Pattern from my Lord Faulkland, my Lord Grandison, and my Lord Chichester, and he did it by the Power he had the Honour to hold under His Majesty as General: That yet he used them so sparingly, that neither in that time, nor in the Govern∣ment of Munster (in which he had as large Authority as ever any man had) he never did condemn a man to death in peaceable times, and that the Authority hath been good. That Martial-Law is so frequent and ordinary in Ireland, that it is not to be denied, and so little offensive there, that the Common Law takes no exception at it. That he hath lived to see three or four Parliaments there, and they never complained of it. And to Govern an Army without Martial-Law, is impossible, for occasions, in an Army, rise on a suddain, and something must be done on a suddain for ex∣ample-sake to others.

That Martial-Law was certainly in Ireland ever since he remembers, and long before; but it hath been used so sparingly, that in the time of Peace, for his part, he did never know any executed in his time.

Being asked on the Lord Strafford's Motion, Whether he hath known Sir Charles Coote as Provost-Martial of Conaught, and Sir Iohn Bower Provost-Marshall of Leimster, in time of Peace, execute divers Persons, Rebels, and others, by Martial-Law.

He Answered, For Sir Charles Coote he can very well answer, though he had Authority, yet it is out of his memory that he ever executed any. And for Sir Iohn Bower, he dwelleth remote from him, that the said Sir Iohn Bower hath Authority, and so have many other Presidents, Marshalls of the Army, Provost-Marshalls of every Province, and upon great Reasons for it; for though they be Inferior men, yet the intent of their Commission is but to prosecute those men that cannot be had into the Law, that is, Rebels and Fugitives, and those men he hath heard have been hanged.

Whence my Lord of Strafford inferred, That he had done nothing de Novo.

That Provost-Marshalls have been always appointed, and executed those Places under the General for the time being.

The Committee admitted that there be four Provost-Marshalls, but deny that they exercise Marshall-Law.

That those Provost-Marshalls have executed divers men to death by * 2.18 Marshall-Law, Rebels and Traytors.

I desire to produce an Order of my Lord of Faulkland's, taken from his Book of Entries; but being not proved, nor written with my Lord Faulkland's own hand, the reading of it was not admitted, but left to their Lordships Consideration.

To prove the Practise of the Provost-Marshalls.

Sir Adam Loftus being asked concerning the Provost-Marshalls exe∣cuting of Marshall-Law before my Lord of Strafford's time, and on what men.

He Answered, That it is most apparent, in all times, since he can remem∣ber, Martial-Law hath been executed, that's undoubted.

But it was on Rebels and Out-Laws, and he hath known no other, but such, executed by Martial-Law.

Lord Robert Dillon being asked to the same purpose.

Answered, He hath heard the Provost-Marshals have taken and hanged men by Martial-Law in time of Peace, since the beginning of King Iames his Reign, that of Rebels and Out-Laws there is no question.

My Lord of Strafford desired to compare his Orders with those of my Lord of Wilmotts.

And they were compared accordingly in divers Articles.

His Lordship produced a Copy of His Majesties Letter, attested to be a true Copy by Charles Gibson.

Which was read, being the Letter recited in the Sentence of my Lord Mountnorris.

I observe, That the Sentence of my Lord Mountnorris takes notice * 2.19 that the Army was part of it in motion, and divers Companies daily exer∣cised, and that my self was for the most part there present, which shews the truth of my Answer to that Point in part.

To free my self from the said Sentence, I desire a Letter from my self and Council of War to Secretary Cook 13. December, immediately after the Sentence, may be read, to shew that I was a Suitor to the King in my Lord Mountnorris's behalf.

But being after the Sentence, and written by himself and the Council of War, for extenuating of the Fact, the reading of it was over-ruled.

I conceive my Lord Renula and Lord Dillon made it appear, that I de∣clined * 2.20 giving Judgment in the Sentence.

But for further proof, Sir Robert Farrer was asked, Whether my Lord of Strafford did not declare he would be no Judge, nor give Opinion in that Cause, and whether he sate bare?

He Answered, That he was present at the Sentence, and heard my Lord of Strafford say, that he would give no Judgment, nor have to do with the business concerning my Lord Mountnorris, and he sate a good time with his hat off.

Being asked on one of the Committees motion, touching his pressing of both the Articles.

He said, He acknowledged my Lord did require Judgment on both Articles, and yet sate silent at the time they were upon the Sentence.

Being asked, Whether my Lord of Strafford did not desire them to regard him no more than an ordinary Officer, and do no otherwise than in reason and judgment they should think fit.

He Answered, My Lord of Strafford said these very words, That they should not look upon him, but go to the Cause according to their Opinion directly.

And being asked, Whether my Lord Mountnorris was a Captain of the Army.

He Answered, Yes, and the Council did admit it.

Sir George Wentworth being asked to the same purpose as Sir Robert Farrer.

He Answered, He was present at the Sentence, and heard my Lord of Stafford say publickly, He did not sit there as a Judge, and that he would give no Vote in it.

Being asked, Whether my Lord of Stafford did not tell Sir George Wentworth that he should give no Vote in it, because he was his Lordships Brother.

He Answered, Yes, and he gave no Judgment upon that reason; that my Lord of Strafford did publickly bid them all look on him as a private man, and sate by as a Suitor, not as a Judge, and put off his hat at the beginning to speak, and sate uncovered all the while, till Sentence was pronounced.

To shew that my Lord Mountnorris was enlarged by me presently after, I here produce the Warrant Dated 18. December, though indeed he was released 15. December.

The denial of my Lord Mountnorris, to examine Witnesses, was by my Lord Cromwell, Sir Charles Coote, Sir Iohn Burlacy, not by me, I sitting by as a private party: For this I refer to my Lord Mountnorris's own Depo∣sition, and my Lord Renula's.

To prove it further, Sir Robert Farrer was asked touching the denying of further time and Council.

He Answered, He cannot tell who denied him, he remembers my Lord Cromwell spake something, but knows not whether to that effect.

Sir Robert Farrer being asked on one of the Managers Motion, Whether * 2.21 before their coming together they did know the occasion of their meeting.

He Answered, He did not, he was warned to attend, and did not know the business till he came thither.

I did never Communicate it to any man, till I brought the Letter, * 2.22 because I was resolved to speak of it to no man living; and in conclusion, left it wholly to the Council.

For the words, That I would not lose my share in the Honour of that Sentence; if I spake the words, I meant the Justice and satisfaction done me by that Sentence, being by the prime Officers of the Kingdom.

And whereas it was said yesterday, that though I thought it hard to lay words to my Charge, yet I thought it not hard to lay words to the Lord Mountnorris his Charge; there is a difference between laying words to a man's Charge, to Accuse and Condemn him of High-Treason, to loss of Estate, Life, Honour and Posterity, and pressing words to only two days Imprisonment, being only intended to discipline my Lord Mountnorris, and teach him to govern his Speech with more modesty.

His Defence to the business of Denwitt's Execution.

He confesses his Vote concurred, and thinks he had Authority, and may * 2.23 justifie it.

He produced the Sentence Dated 13. February, 1638. where his Crimes are set forth to be the fellonious stealing of a quarrer of Beef, and running away from his Colours, in breach of the 9th and 6th Articles, for which he was sentenced to Death, according to the use of Martial-Law.

His Lordship opened the Nature of the Offence, being committed at a time when the 500 men were attending to go to Carlisle; and the Exam∣ple might be dangerous, and desired Sir George Mountnorris might be asked, Whether Denwitt was not convicted to be guilty, adding, that he had been burnt in the hand; and running from his Colours is death by the Laws of Ireland.

He produced a Statute of Ireland, 20 H. 6. C. 19. whereby it is Enact∣ed, That every man that receives the King's Wages, and departs from his Captain, &c. shall be proceeded against as a Felon.

As also the Statute 7 H. 7. C. 1. The departing of a Souldier from his Colours is Felony, and the Offendor to undergo punishment of Law. And 10 H. 7. all Laws formerly made in England are to be in force in Ireland, and so that of 7 H. 7. For further clearing whereof, he refers himself to the Council.

One of the Managers did make Reply in substance as followeth: * 2.24

That if this Fact be not Treason, yet it seems to prove his Intention to subvert the Law, which is Treason.

Whereas he hopes for the King's Mercy, so the Commons do as really trust for the King's Justice.

The Commission he insists on, is limitted with Si opus fuerit; and the King intends Execution according to Law, Magna Charta, and the rest of the Laws of England being of force in Ireland.

There hath been an Army in pay in Ireland since Henry the Eighths time, and so there are some in pay here, in Portsmouth and Plymouth, and yet it follows not England must be Governed by Martial-Law.

The Lord Wilmott was produced by him, to justifie the publishing of Orders, and exercise of Martial Law in Ireland. But we Appeal to your Lordships, Whether he gave Testimony of executing any by Martial-Law.

Sir Adam Loftus says, There are Provost-Marshalls, and they do use to put men to death, but they are Rebels whom they execute, which squares not with this Case, only that of Sir Thomas Wayneman is a full Pre∣sident.

For the King's Letter, it is written on his Information, and if the King's Ministers misinform him, He is just before God and men; and the Letter directs Reparation, as it was fit there should be.

My Lord pretends he was no Judge in the Cause, your Lordships may remember who procured the Letter to proceed, and who sate there to manage the business, though he sate with his Hat off; if he would have been indifferent, he should have left the Counsellors to themselves.

And when some moved they might proceed on one Article, he cryed both, and so he was the Procurer of the Sentence, with which he is charged, not with the Voting of it.

He pretends he sate by and said nothing, yet no man talked more at the Sentence than himself.

He proves not the Course of Martial-Law, and there is a Judge-Marshal, to whom, in any proceedings in a Martial way, address should be made, and it was desired he might be called, to testifie how they went about it.

Another of the Managers did add, by way of Reply, That whereas my Lord of Strafford insists much, as if Martial-Law were part of the same Law * 2.25 of Ireland, but the 25 E. 3. is in force there, and that is recited in the Peti∣tion of Right in force here, as the ground why Martial-Law ought not to be in England, and therefore there is the same ground why it should not be in Ireland.

For that Commission he speaks of Opus est, is Martial-Law, when there is bellum flagrans; but what need was there of Martial-Law in my Lord Mountnorris his Case, when he would rather lose his Hand than the Sen∣tence be executed.

For the Orders made by my Lord Wilmott and others, there is difference between making an Order in way of terror, for fear of Execution, and putting that thing in execution.

Many Witnesses are produced to prove the practise, but not one speaks in point of Execution, unless upon Rebels and Traytors, and such as would not come into Law, whereas my Lord Mountnorris was had into the Law.

Whereas he takes the Example of those before him; the Commons can∣not see the Restrictions put upon his Commission for Martial-Law, but in the preceding Deputies time there was a limitation, that the Provost should leave the Souldiers to trial at Law, except in time of War and Rebellion.

The Statute of 20 H. 6. is against him, for it makes the Souldiers run∣ning from his Colours Felony, and certainly meant it should be tried by that Law that makes it Felony, which would have given him the benefit of Clergy, not by Martial-Law.

And though he thinks he may justifie it, he falls at last to a Pardon.

He says, He acquainted no body before hand with the business; but if he may give the Interpretation, he will be sure to put a good end to it; if he would not prepare the Council for Justice, why should not the Delin∣quent be prepared?

The words are pretended to be spoken in April, my Lord of Strafford procures the King's Letter in Iuly, and questions it not till December, here is no opus est.

The very words of the Order, the Witnesses were examined by our Com∣mand, which make it his own.

One of the Managers desired that two of the Instructions of former De∣puties * 2.26 might be read.

To this my Lord of Strafford excepted, as supplemental and dangerous, and not warranted by any other Judicature.

After some debate touching the admitting of my Lord of Ely to be examined, to the Course of Martial-Laws in Ireland, being new matter, arising out of his Answer; It was Resolved that he should be examined only to that new matter.

The Earl of Ely sworn, was examined what was the proceedings of * 2.27 the Marshalls Court when he was Judge-Marshall, and how long he had been so.

He Answered, He was 40 years since Judge there, and for the manner of proceeding, There was never any Deputy, or Governor of that Kingdom, but they had a Commission of Martial-Law to be exercised in the time of their Government; but the exercise of that Law was two-fold, one was Summary, the other was Plenary: That which was Summary and short, was committed to the Provost-Marshall, that sought after the Rebels and Kernes that kept the Woods.

These, when they were apprehended, the Provost-Marshall hanged them on the next Tree; and this was in poor Cases, where the estate of the party that prosecutes is not worth 40 s. In the second, which is the Ple∣nary proceeding, there are three Considerations to be had, of the time, the place, and the person; the time must necessarily be in time of War, the place in the Field, and the persons must be such as are subject to the Rule of Martial-Law. And the proceeding was thus; The parties complained, the other appearing, an Information was drawn in writing, Witnesses produced, and reduced in writing, a Sentence given absolutely or condemna∣tory, and the Party punished or acquitted, and the Warrant directed to the Provost-Marshall to put the Judgment in Execution. But when the Army was dissolved, and every one returned to their own home, Soul∣diers, Captains, and Commanders; this Power ceased, and was no farther executed; for it had been an extraordinary damage to His Majesty, that by the Martial-Law every one should be tried; for he loses nothing but his life, not his Lands or his Goods, and therefore the proceeding with∣out was so slow and seldom, that he had not remembred any man of quality worth 100 l. or 200 l. in thirty years to have been executed by Martial-Law.

Here the Manager did offer the Instructions given in my Lord Faulk∣land's * 2.28 time, which Mr. Fitz-Gerard testified to be by him examined with the Original in the Signet-Office, as to the 33. and 34th Articles. Part of the Instructions were read, viz.

33. Such as are to be brought to Trial at Law, are not to be executed by the Marshal, except in time of War and Rebellion.

One of the Managers observed, That my Lord of Strafford would have * 2.29 Power of Martial-Law over my Lord Mountnorris, but would not exe∣cute him; which shews he desires not blood so much as Power of blood; that the Law of all the Peers might be under his Girdle, and he besought their Lordships to consider it.

Whereas, he said, The blood of their Lordships Ancestors was spent in the Irish Wars; this way, their own blood may be spent in the Peace of Ireland, and Peace of England, &c.

My Lord of Strafford taking notice of some words, charging him that my Lord Mountnorris lost his Offices in that Sentence; In way of Answer said, That they were lost in a Sentence in the Castle-Chamber for Mis∣demeanors fully proved, and by himself confessed, and therefore His Majesty disposed of them.

To which one of the Managers Replyed, That there was no sentence in * 2.30 the Castle-Chamber against him.

And so after some Discourses and Resolution touching the Method of the Proceedings about the next Articles, the House was Ad∣journed.

The First day. Monday, March 29. 1641.

THE Sixth Article. The Charge.

[article 6]

That the said Earl of Strafford, without any Legal Procéedings, and * 2.31 upon a Paper-Petition of Richard Rolstone, did cause the said Lord Mountnorris to be disseized and put out of possession of his Freehold, and Inheritance of his Mannor of Tymore in the County of Armagh, in the Kingdom of Ireland, the said Lord Mountnorris having béen 18 years before in quiet Possession thereof.

MR. Glyn opened the Sixth Article, setting forth the Execu∣tion * 2.32 of an Arbitrary Power by the Earl of Strafford, contrary to Law, in point of the Estates of His Majesties Subjects, by disseizing and putting the Lord Mountnorris, a Peer, out of Possession of Lands of 200 l. a year, which he had possessed 18 years before, on a Paper-Petition, without any Rules of Justice, during the said Lord Mountnorris his Imprisonment, contrary to an Act of Parlia∣ment read the other day, to King Iames his Instructions, to the directions of His Majesties Proclamation, and the Rules of proceeding in the King∣dom of Ireland.

The Decree made in the Cause betwixt Rolstone and my Lord Mount∣norris was first offered, the Manager observing, that it was nothing to the matter, whether the Decree were just or unjust, and that it never depended in the Chancery, as is set forth in his Answer.

Thomas Little, the Lord of Strafford's Secretary, being sworn, attested * 2.33 that the Copy produced was under his own hand.

And here my Lord of Strafford informed their Lordships, that upon his Defence he would ask Mr. Little some questions, desiring their Lordships * 2.34 to remember that he is upon his Oath.

The Decree was read Dated 28. Iuly, 1637. whereby for the Reasons therein set forth, and with the assistance of the Lord Chief Justice of the Common Pleas; It was, among other things, Ordered, That Henry Rolston should be put into quiet Possession of certain Lands therein men∣tioned.

Lord Mountnorris being Examined, Whether he was put out of posses∣sion by Vertue of that Order, and how long he had Possession of the * 2.35 Lands?

He Answered, He was in quiet and peaceable Possession from May 20. till he was put out by my Lord of Strafford's Warrant, August 29. 1637. as was written to him from an Agent that was there from the delivery of the Warrant to the Sheriff. That he was all the while the business was in prosecution, till his coming into England, a little before his putting out of possession, in prison, under restraint, for not suing out his Pardon, upon the Sentence of the Council of War.

Mr. Anslow sworn and interrogated to the same purpose. * 2.36

Answered, That to my Lord Mountnorris's possession of the Lands, he can say only by seeing the Accounts passed by former Receivers, and the Patent my Lord Mountnorris had of the Land; but for his being put out of the possession by the Order, he found when he was left in Ireland, about a year and half ago he was put out of possession by an Order of my Lord of Strafford, and that he being there, could have no Rents paid, Henry Rol∣sion's Son being in possession, the Father being dead.

Being asked, Whether a Petition was not preferred for liberty to pro∣ceed at Law.

He Answered, It was in his own behalf, for the Land was estated on him by his Father: And that he the Deponent being to pass his Land on the Commission of Grace, Rolston Petitioned for it himself; and therefore he the Deponent Petitioned it might be hindred to pass, and that he might have his Right tried legally, but he could get no Answer; the Commissi∣oners saying, They sate not there to question any Lords Estate.

The Manager observed this to be the assuming of an Arbitrary Power of Jurisdiction, in a case of Land, without any former President; wherein, * 2.37 if he be justifiable, he may as well, riding on the High-way, determine any mans Estate; and added, That if my Lord of Strafford insist on this, they shall prove it not only in this, but in twenty more of this condition on the Reply.

My Lord of Strafford desiring they might bring their Proofs at once. * 2.38

The Manager Answered, That they should prove an Act of the same * 2.39 Nature, but of a higher strain, concerning a Peer of the Realm (for he chased such Lions.)

But my Lord of Strafford desiring they might be kept to that within * 2.40 the Charge.

His Lordship began his Defence in substance as followeth:

I confess I am Charged with Treason by the Honourable House of Commons, and that is my greatest grief; for if it were not an Arrow * 2.41 sent out of that Quiver, it would not be so heavy as it is, but as it comes from them it pierces my heart through; not with Guilt, yet with Grief, that in my Grey hairs I should be mis-understood by the Companions of my Youth, with whom I have formerly spent so much time.

If the Decree be just (as it is most just) I hope it will go very far in the Case.

That whereas it is said it was against a Peer, Justice excepts not persons, and I know no Priviledge Peers have in point of possession of Land above common persons.

The Act of Parliament read the other day, against which, it is supposed to be made, I conceive it to be the Statute in H. 6. time, and desire your Lordships to remember, that by the last words, the King's Prerogative is saved.

I have done nothing contrary to the Instructions in King Iames his time, nor the Proclamation, nor any thing, but according to the Power of for∣mer Deputies.

I acknowledge my Answer is mistaken, in saying, the Cause depended formerly in the Chancery, which was not out of cunning, but a meer failing of memory.

I desire my Commission may be read, whereby it will appear I had Power to do that for which I am now questioned.

The Commission was read, whereby he had Authority to proceed Secun∣dum consuetudines terrae, &c.

From whence he observed, That having so great a Power, the receiving of a Petition, and giving Relief to a poor body, should not be so great a fault, being at the most, but the exceeding of a Jurisdiction, but by no Construction can be made Treason.

That yet this is no exceeding of a Jurisdiction, but was a Power always in the Deputies before his time, and warranted.

To prove it, he produced the printed Instructions, whereby the De∣puty and Council-Table are forbid to meddle with common businesses within Cognizance of ordinary Courts, nor alter possession of Land, nor make private Orders, or Hearings, nor make Injunctions for staying Suits in any Civil Cause.

Which shews, that that course was in practise before the Instructions took it away, (viz.) to alter Possessions, to grant Injunctions, &c. To prove by Witnesses, that this Power was always exercised by the Deputy in the nature of a Court of Requests in England.

He offered my Lord Primate of Armagh his Deposition, being taken, by reason of his sickness, by vertue of an Order of their Lordships; but for that the Commons had liberty by that Order to cross-ex∣amine, and yet had no notice thereof, or of the Depositions so taken; the using of these Depositions was waved, after much debate, till the next day, in the mean time the Commons may cross-ex∣amine.

Henry Dillon asked, Whether Petitions have been usually preferred to the Deputies, and in how many Governors time he hath known it to be so, That these Paper-Petitions have been preferred.

He Answered, His Father had a Lease during his own life and his Wives, and the longer liver of them, and fifteen years after to his Executors and Administrators, which he the said Henry Dillon (being come to full age) enquired into; and looking upon his Fa∣thers Evidences, he found a business there depending between Sir Patrick Plaintiff, and his Father Defendant, before my Lord Chichester, in the time of his Government; and he found several Or∣ders under my Lord Chichesters Hand in that Cause, that he being Executor to Maurice Fitzgerard, and having occasion to peruse his Writings, to see what Debts were due to him, he found among them several Orders of my Lord Grandison's time, one Petition of Fitz∣gerard, as well for Debts as for Land. That in the time of my Lord Faulkland he observed, and hath seen several Orders made by his Lordship, and one made on behalf of his Sister Mary Dillon, for a Portion paid by his Father, and he recovered the portion, and received the Money.

That in the time of my Lord of Corke and Lord of Elyes being Governors, there was a Petition preferred against him, by my Lord of Longford, for a Horse taken by him the said Henry Dillon, as She∣riff of the County of Longford, pretending it to be a stray, and be∣longing to His Majesty, and triable, as he conceived, in the Exche∣quer, and that he did appear, but my Lord of Longford died before Examination.

Being asked, Whether the Causes were before the Deputy alone, or the Deputy and Council.

He Answered, That in the time of my Lord Chichester he knows not whether they were before the Deputy alone, but he found only my Lord Chichester's Hand to the Orders. In my Lord Grandison's time he saw his Hand only, but where the Causes depended he knows not.

But that in my Lord Faulkland's time, was only by my Lord-Deputy: That of my Lord Corkes and Lord of Elyes, he remembers not whether it was before their Lordships and the Council; but the way he was called to Answer was by Pursevant, before he had notice of the Suit.

Being asked, Whether Examinations were taken.

He Answered, That in the Case of his Sister, he conceives there were Examinations taken upon Oath.

And that in the Cause before my Lord of Corke and Lord of Ely the Attachment was under the Hands of the two Lords Justices alone.

Being asked on the Managers motion, Whether he hath any of those Orders to shew.

He Answered, He knows not whether those in my Lord Chichester's time were delivered to my Lord Dun, on composing the Difference, or in his Custody.

Robert Lord Dillon was asked, What he heard my Lord Grandison say in maintenance of this Judicature by my Lord-Deputy alone.

He Answered, That he heard my Lord Grandison himself say nothing of it, but he heard by others, that he pretended to it as a Judicature be∣lōnging to the Sword.

Being asked what he hath known of the practice of this Court before the Lord Deputy alone, before how many Deputies; and upon what occasions:

He Answered, That he hath seen divers Orders of Deputies, or Pe∣titions, singly signed by themselves, and no other hand but the De∣puties.

Being asked in how many Deputies times;

He Answered, That he hath seen of my Lord Faulklands, and Lord Grandisons, and to his best remembrance (but he will not peremptorily say it) of my Lord Chichesters.

Being asked of the Earl of Bathes motion, whether he hath known them to proceed upon Petition for matters of Land.

He Answered, He never knew any.

Being asked on Mr. Maynards motion, whether they were Orders of Reference, or by consent;

He Answered, He remembers one more particularly, and it was an Or∣der of my Lord of Faulklands, of reference to my Lord Angier, that was Master of the Rolls; and was for a Debt.

Being asked on my Lord of Straffords motion, whether Sir Paul Davis Clerk of the Council, do not ordinarily examine on Oath; and there∣upon Causes come to publication.

He Answered, The Clerk of the Council hath a Commission for taking Oath, and wheresoever the Deputy requires, he is to take Oath; but whether de facto he took Oath on those former Orders, he remembers not. And whether he takes Oath in things determined by the Deputy alone, he knows nothing of it. But it is the common course of proceedings, when there is an Order for an Attachment, an Oath is taken of course, that the party is in contempt.

Being asked on Mr. Whitlocks motion, how anciently Commission hath been granted to the Clerk of the Council to take an Oath.

He Answered, He doth not know; but knoweth, that since he had the Honour to sit at the Board, they have had them, and that is 12 or 13 years.

Being asked whether he hath known in matters of Equity, or Title of Land, any determination by any other Deputy alone; And whether my Lord of Strafford hath not done it in many Cases:

He answered to the first, That he doth not remember any particular Case of it: To the second, That he never knew my Lord of Strafford, with his Remembrance, meddle with matters of Law; but for matters of Equity, to his Remembrance he hath.

And this my Lord of Strafford confessed, this being in the Court of Re∣quests is to the Chancery.

To prove that the Clerks of the Council have power to examine on Oath, an Order was read to the Lord Chancellor from the Lord Faulk∣land, for drawing up a Commission to enable Sir William Usher for taking Affidavits, and ministring Oaths in all Causes wherein the Lord Deputy or the Board, &c.

His Lordship came to shew that the Instructions were so much mistaken, that they were never observed by the Deputy, Judges of Assize, Presi∣dents * 2.42 of Provincial, &c. nor could the poor Irish be debarred from re∣medy on Petitions, without occasioning an universal out-cry, being not acquainted with Legal forms, and beggarly; and the man that came against my Lord Mountnorris, was in forma Pauperis.

To prove this, my Lord of Straffords Book of Entries was mentioned, and an Order of my Lord Faulklands made in Iune 1629. which is after, the Instructions being in 1622. and being affirmed by my Lord Wilmott to be under my Lord Faulklands hand, it was read:

Containing a Petition, which set forth the Petitioners disturbance in his Possession of certain Lands by Sir Iames Fitzgerard, contrary to a for∣mer Order, and assaulting and beating the Petitioner and his Te∣nants, &c.

And my Lord of Faulklands Warrant thereupon for Sir Iames his ap∣pearance, to Answer the Contempt; and for the Sheriffs keeping the Pe∣titioner in possession.

He produced another Order of my Lord of Faulklands, August 20. 1626. being for Attaching divers persons that had not paid Provisions for the De∣puties Houshold.

He produced another Order made on Walter Dennotts Petition, October 1624. for direction to certain Debtors to pay some moneys due.

Being a Warrant to examine the truth of the Plaintiffs demands; and a Command to the Debtors to pay what's due, or give better Security, else to appear, to shew cause to the contrary; the same being grounded upon Letters out of England in the Petitioners behalf.

He produced an Order of my Lord of Corke, and Lord of Ely, affirmed by the Lord Corke to be under his hand, on Petition of Henry Iawant: The Order being a Reference to the Lord Primate; and to take Order for the Petitioners Relief as by a former Order of Reference was di∣rected.

And whereas it may be objected that these were in Church Causes, or Plantation Causes, His Lordship observed, That these Orders were made * 2.43 by the Deputy and Justices alone, without the Council, though by the Instructions, the Deputy ought not to meddle with such Causes, without the Council.

He then offered to shew, that this Practice of hearing business on Pa∣per Petitions, is used by the Presidents in their Provincial Courts, and by the Judges in their Circuits, by Commissions from the Deputy; whence his Lordship observed, That if the Deputies have Power to Authorize, they have likewise Power to Execute; and he offered to this purpose, my Lord Ranulagh's Answer at Council-Board, under Mr. Mewtis his hand.

Here the Manager observed, That my Lord of Strafford is charged with * 2.44 Exorbitant using of the Law, and cannot be justified with others breaking of the Law; besides, it is neither in the Charge, nor in his Answer.

My Lord of Strafford answered, That he offered this only to shew, that he is no Innovator of the Law, further than others before him; and to shew that the Instructions were mistaken in that point, and could not be observed, nor can they without much detriment to the Commonwealth, yea that they have broken them, and that he only hath observed them.

And so this matter was laid aside, as not fully pertinent to the Charge.

His Lordship in the next place observed, That as the Case stands with * 2.45 the Government and People of Ireland, there is a necessity that this Power that hath been thus at all times in the Deputies, should still remain there, for relief of the poorer sort of People, who are not able to undergo the long Circuit of Legal Proceedings, nor are acquainted with them; and must be drawn to it by Degrees; and that the Plaintiff in this Cause was a Suitor in forma pauperis; That it is a great assistance to the Merchants, where they may recover their Debts suddenly, and not lose their occasions, and their benefit by increase of Trade; That some Reports being raised, as if he had neglected the poorer sort of People, and not given Redress as former Deputies have done, he advertised it over to His Majesty, and fully informed Him of the Proceedings and Instructions, and desired His Majesties Pleasure; which was declared by a Letter under His Majesties Signet, received October 6. the Ninth year of the King, and to himself di∣rected, which was read; Wherein recital is made of the Instructions, 1622. and particularly in the point of Judicature by the Deputies, That it is necessary to uphold such Power, especially for relief of the poorer sort there, as formerly had been used; And Power is thereby to him given, (notwithstanding any former Directions, Proclamation, or Restraint) to hear and determine such Causes as shall be brought before him, according to the Power of former Deputies, yet not to meddle with Titles of Free-hold, except in Cases of Equity; but to refer Title of Free-hold to its proper Judicature, and not to hear Causes where there is Priority in other Courts, unless in case of Appeal for lack of Justice, after due Obe∣dience: Power likewise (the said Rules observed) to call before him any person complained of, and therein to make such Order and Decree as shall stand with Justice, and to cause the same to be put in Execution. Dated October 5. 9 Car.

He then offered the first Decree in the Cause to be read, that had for∣merly been read, having relation to this, bearing date May 23. 1636.

And the same was read, being Signed Wentworth. Gerard Lowther, &c.

Whence his Lordship observed, That the Order was made for Relief * 2.46 of a poor man, where my Lord of Mountnorris had by Violence, and extream hard pressure, possest himself of Lands worth 200 l. a year, ne∣ver paying out of his Purse above 30 l. the rest arising on a Letter pro∣cured for Sawing Mills, and by interest at above 20 in the hundred; wherein his Lordship had the Assistance of two Reverend and Learned Judges, the Chancellor that now is, and Sir Gerard Lowther, That the Decree is in every part just and equitable; and if he had not given relief, he had been justly censured, That the party is now in Town, and means to complain, and Sue for 600 l. more than he is yet allowed.

The Committee declared, they insist not on the merit of the Cause, as not being material.

And so my Lord of Strafford observed, That he stands justified by the Kings Letter, which makes things differ from what they did formerly, and shew, that the Power was there before, and is now restored.

His Lordship further added, that his Practice in exercising Jurisdiction, was conformable to that Letter, viz. That he medled not with Title of Land triable at Law, nor with Causes which had priority of Suit in other Courts; That he referred the business of the Provincial Courts to these Courts, and many businesses to the Judges of Assize, and none determined by him, but upon full Hearing and Assistance of the Judges.

And whereas it is said, my Lord Mountnorris was kept in Prison by rea∣son of not Suing out the Pardon on his Sentence pronounced by the Council of War, I will make it appear it was for Contempts, in refusing to answer a Bill Exhibited against him on the Kings behalf, in the Castle-Chamber.

Mr. Slingsby being asked touching that point;

Answered, That he did constantly wait on my Lord to the Castle-Chamber, and there heard the Information of the Kings Attorney against my Lord Mountnorris read, and my Lord Mountnorris was called to An∣swer it several times, and was committed to Prison for not Answering it; but he cannot precisely speak to the time, but he thinks he was left in Pri∣son upon that, till my Lords going into England.

Sir Adam Loftus asked touching the same point, did first make his hum∣ble Suit that he might not be Examined in any Cause concerning my Lord Mountnorris, for some reasons inducing him thereunto.

Which my Lord of Strafford said was, because Sir Adam succeeded my Lord Mountnorris in the place of Vice-Treasurer; and being required (if that were all) to speak notwithstanding:

He Answered, That he conceives he was Committed for not answering the Information; but the precise day of his Commitment, and the time how long, he cannot well remember.

Being asked, whether he was not brought before the Deputy a day or two before he came away, and refused to Answer, and was thereupon Committed:

He Answered, That it was true.

Being asked on the Managers motion, whether he was not Committed on the old Sentence, and remained in Prison on that;

He Answered, That he doth not know.

If I had time to produce the Orders of the Castle-Chamber, I could make * 2.47 it appear when my Lord Mountnorris was Committed, and how long he continued so; but he was Committed for that Contempt, and remained Committed six Months, I think, before he would Answer; which I would not speak if it were not true.

The Lord Dillon called, and asked to the same purpose:

He Answered, That the Judges of the Castle-Chamber are by Com∣mission, and that he is not of that Commission. That the Deputy, or

Chief Governour, calls by way of Assistance, such as he pleases. That he heard at Council-Board, my Lord Mountnorris was Committed for a Con∣tempt, in not answering in the Star-Chamber; but when it began, or how long, he knows not.

In Execution of this Jurisdiction, I had no private advantage to my * 2.48 self, nothing but trouble was gained by it, no new thing was done, but such as was formerly by all the Chief Governours there; and such as I had special Warrant for from His Majesty. I have observed the Rules that guide others in Chancery, and other Courts of Equity, and the Judges in their Circuits: Therefore it can be no Subversion of the Laws; for the same thing done by others hath been Legally done, it differs only in respect of place, being before my self; and so cannot be Treason: And though it might be Illegal here, yet it is according to the Laws and Customs of Ireland, by which I am to be judged for all things there done. And the same is done by the Presidents of the North, and of Wales; who did famili∣arly receive Petitions from Poor people that cannot seek remedy by a Legal course; and yet it is not Treason in England: And it cannot sink into my un∣derstanding, how the enlargement of a Jurisdiction should be strained to High Treason; specially being warranted by ancient Practice, and modern Authority, being only according to the nature of a Court of Requests, and not entrenching on the Jurisdiction of Law Courts. And so I hope this will never rise up in Judgment against me as Treason, either in it self, or by way of Application.

The Manager began his Reply, in substance as followeth:

Whereas my Lord of Strafford says, This is not Treason; this is the * 2.49 burden of his Song: But this is one of the particulars that prove his de∣sign to subvert the fundamental Laws of both Kingdoms; He will not ac∣knowledge a cumulative Treason, he must have a Treason over Shooes and Boots; yet if he will look on it all together, he shall see the horrid∣ness of it, and it will prove as great a Treason as ever was presented to a House of Parliament.

The Manager opened the Article, and said, they dispute not whether if it had been done in Chancery, or other Courts, it had been well done; but it is done by him without Rule of Law; and hereupon he hath drawn to himself an Arbitrary Power.

Whereas my Lord of Strafford, to take from himself the Act of Par∣liament 28 H. 6. enjoyning, That Causes should be referred to the proper Courts, urged the last words, [Saving the Kings Prerogative] We do observe, That when he is Charged with an Exorbitant proceeding, to the destruction of the Law; he flies to the Kings Prerogative for shelter.

That to mention the Kings Prerogative in the face of the Peers of the Realm, and in presence of all the Commons, when he is charged with an Exorbitant proceeding, to the Subversion of the Laws, is but to cast a Scandal upon the Kings Prerogative, and to make it have a worse relish; whereas the Law supports the Kings Prerogative, and the Subject sup∣ports it.

When his Answer is charged not to be according to Truth, he casts a Gloss upon it, from the easiness of his being mistaken; whereas, when he

is able to justifie it, he glories in it, as that whereto he must stand or fall.

That the Letters Patents which my Lord of Strafford produces, rise in Judgment against him; for the King hath trusted him ad custodiendas leges Regni, and therefore if he hath broken through them, he hath broken his Trust.

He says, It is strange the exceeding of Jurisdiction should be laid to his charge as Treason; He is charged with the Subverting of the Law, and that's more than the Exceeding of a Power. He read the Instructions to warrant his Act; and by these the Commons desire to be judged, whether they do not in the Negative say, there shall be no such Proceeding be∣fore the Deputy; and yet he will imply, there have been proceedings to the contrary, which we cannot see.

He justifies his Proceedings by former Deputies, and hath produced Henry Dillon, who hath seen several Proceedings in Sir Henry Bagnalls time, and others, where Orders have been made by the Deputy alone, but the Orders themselves are not brought; whereas if they were looked on, and consideration had what results out of them, their Lordships would not have suffered them to be read, without Attestation that they were true Copies. But now whether they be entred or no, or what other Proceedings there were, the Witness doth not know; and therefore they are no Evidence, nor in truth ought to be offered: And the Witness be∣ing asked what the Orders were, he says, one was a Reference, and whether Witnesses were examined, he says, he doth not know.

He produces my Lord Dillon; and we offer to be adjudged by him; for he says, He knew not any Deputy before my Lord of Strafford, that hath intermeddled with matters of Land, except in Plantation and Church Causes; and this Order is charged to be made by him alone.

He pretends this is a Court, and a Prerogative of the Sword.

We know not whether my Lord of Strafford intends to keep it by force; but whereas he produceth a Commission for giving Oath to the Clerk of the Council; this Commission needed not if it were a Court, for the Court it self would give an Oath; and whereas he mentions it to be in the nature of the Court of Requests, we would gladly know, whether there be not Authority in the Judge to give an Oath.

He produces several Orders in my Lord of Faulkland's time,

The first is expresly for Plantation Lands; and there was no determina∣tion in Equity, or otherwise.

The second Order he produced in my Lord Faulkland's time, was a meer Green-cloth Case, and nothing to this purpose.

The third Order produced, was in a business recommended from England to my Lord of Faulkland, and such Causes as are out of the Instructions excepted.

The Order in the Lord of Corke's time, was but an Order of Refe∣rence to the Archbishop; and a Reference is no Determination, a private person may do as much.

So that we observe, nothing hath been offered to prove, that a Deputy alone hath determined matter of Possession; and in this we rest with con∣fidence, That none ever did before himself; and shall therefore desire the Examination of some Privy-Counsellors.

He produced a Letter from His Majesty to proceed in such Causes: But if by Law it ought not to be, then a Letter, and Authority derived thereby, is void, and warrants not Proceeding in the Subject; the Letter was as just

as might be, being obtained on his Information, to whose Government and Trust His Majesty had committed the Kingdom; and if he mis-inform, he must Answer it. And the Letter is written with caution, giving Au∣thority to proceed in matter of Equity, as former Deputies had done; and if it be not proved that his Predecessors had used such Proceedings, where is his Authority?

He says, he hath proceeded according to the direction of the Kings Letter; that is, he never determined Title of Land but in Equity; and when such Causes have come to him, he hath referred them to Law, which we are forced to disprove that, by offering it under his own hand, that whereas a Nobleman of the Realm, my Lord of Baltinglas, had mortgaged to Sir Robert Parkhurst, for 3000 l. Land of a 1000 l. year: when Sir Robert had Title at Law, and might as Mortgagor, have entred after the day past, Sir Robert prefers a Petition to my Lord of Strafford himself, and he without the Council, determines the Possession, and takes it from the Mortgagee, and afterwards he purchases the Lands himself, and letts them for 680 and odd pounds a year.

For my Lord Mountnorris his Imprisonment, the Manager said, That when his distressed Lady, the Mother of Twelve Children, Petitioned His Majesty, declaring the great Distress her Husband suffered by the Tyran∣nical Power exercised over them; His Majesty like a Gracious Prince, re∣ferred it to the consideration of the Deputy, That on submission he should deliver him out of Prison. But when the poor Lady presented it with Tears in her Eyes, and cast her self at his Feet, though there was a Reference from His Majesty; yet he, that would at another time shelter himself under the Kings Prerogative, refuses to give so much Respect as to entertain it; and when the eldest Son came, refused to accept it.

Another of the Managers added, That whereas there is a restriction in the Kings Letter, That the Earl of Strafford should not meddle with any thing in other Courts, they would shew, that after two Decrees in a Court, my Lord hath on a Petition, Decreed quite contrary; and it was no Beggars Cause, but a Knights, and 5000 l. value: That to the Kings Letter they will give all Reverence.

But if my Lord of Strafford had found such a constant practice to be proved, he needed no Letter to set up the Jurisdiction that was in him be∣fore; That this Letter under the Signet, can give no Countenance against an Act of Parliament; which Orders, That the Deputy shall not meddle with Causes, but remit them to their proper Courts; and no other Expo∣sition can be given of the saving of the Kings Prerogative, but only a re∣servation of His Liberty to Sue in any Courts,

And for him to seek by mis-information, to procure a Letter from His Majesty, for a Power not warrantable by Law, he conceives it an Abuse of His Majesty, and that makes his fault the greater; and he instanced in the Marquess of Dublin, who for procuring Letters Patents under the Great Seal, to exercise a Power against Law, was complained of in Par∣liament, and had Judgment for it, among other things, of High Treason.

They proceeded to Proof. And first,

The Earl of Corke being asked, whether before my Lord of Straffords * 2.50 time, he hath known the Deputy, or Justices alone, determine any matter of Land, in Equity or otherwise;

He Answered, He remembers not any, except in cases of the Church and Plantation.

The Lord Ranulagh being asked to that point, * 2.51

Answered, Never any to his knowledge; having been of the Table two and twenty years.

Sir Adam Loftus being asked to the same point,

Answered, He remembers not any; having been a Privy-Counsellor * 2.52 20 years.

The Lord Mountnorris being asked to that point,

Answered, He never knew any, having been a Privy-Counsellor since * 2.53 14 Iac. and lived in Ireland 38 years; That he was there all the time of my Lord Chichester, or very near; and was so acquainted with his pro∣ceedings, that he dare engage himself for all he is worth, that the Lord Chichester never put any such Order under his hand.

The Earl of Bath Sworn, and asked to that point;

Answered, That he hath often heard the Deputy in cases of Debt, * 2.54 for relief of poor men, hath proceeded alone; but in cases of Land he never heard of any.

To take off Henry Dillon's Testimony, the Manager alledged, That he had been Sentenced at the Council-Board, for speaking untruths.

My Lord of Strafford desired the Exception might not be made; some * 2.55 Exceptions by him made to Witnesses against him, being not admitted; and that there might be unum pondus, una mensura.

The Manager Answered, In eodem genere Mali. This Exception is not * 2.56 for Extortion, or collateral matters, but for Perjury.

Thereupon his Acknowledgment was read; wherein he confesses he had highly transgressed against the Honour of His Majesty and the Board, in presuming to declare apparent untruths.

And that such an Acknowledgment was made, was testified by Sir Adam Loftus, and likewise by the Lord Dillon, who shewed their Lordships the occasion thereof.

To the matter of my Lord Mountnorris his Imprisonment, it was offered under my Lord of Straffords own hand, to shew that it was partly upon the Sentence, December 24. 1636.

My Lord of Strafford not denying it to be his hand, it was read, being a Reference upon my Lord Mountnorris his Petition, and in substance as followeth.

That for the Petitioners restraint more than twelve months, he hath no body to blame but himself, that hath all that space lain under a deserved censure of the Council of War, and stood in Contempts, and trifled with the Court of Castle-Chamber.

That His Majesties removal of the Sentence hath been often signified, but never sued forth; That the Petitioner did to the same effect, Petition the Lord Deputy in May last, and therefore all the Answer that for the present can be given, is, that his most gracious Pardon seeks no man, nor can His Majesty remit all of that Sentence to be applied to the Petitioners benefit, till by his humble suit he procured His Majesties Pardon under the Great Seal, &c. which taking the usual way, and humbly acknowledging the justness of that Sentence, he may have, &c.

A Petition was then read, directed to the Earl of Strafford from my Lord Mountnorris.

Praying a Warrant for a Pardon under the Great Seal, according to the Law and the purport of His Majesties directions; if his Lordship shall conceive His Majesties Letters (on which the Lord Mountnorris relied as sufficient) did not amount to a Legal Pardon.

Then was read my Lord of Straffords Answer.

Dublin, Ianuary 30. 1636. When the Petitioner shall prefer his Peti∣tion for the said Pardon, acknowledging the justness of the Sentence pro∣nounced against him by the Council of War, we shall take his Request in∣to our further consideration.

Wentworth.

Whence one of the Managers observed, That the King directs a Par∣don to be drawn; and till the Sentence be acknowledged to be just, no * 3.1 consideration shall be taken, and that the Preamble of the Pardon recites as much; and he would not suffer it to be Sealed till this Acknowledgment passed.

Then was produced the Lady Mountnorris her Petition to His Majesty, referred to the Lord Strafford.

Mr. Anslowe Sworn, attested the truth of the Copy; and it was * 3.2 read.

Setting forth her Sorrow on behalf of her Husband, suffering in Ho∣nour, Health, and Imprisonment, for a word mis-interpreted, and still pursued in the Castle-Chamber; and humbly praying a Command for his coming into England, &c.

His Majesties Reference to my Lord of Strafford, Iuly 18. 1636.

His Majesty is pleased, That on such a Submission as the Lord Deputy shall approve of, he shall have his Liberty to come into England; where∣in the Lord Deputy is to take notice, and to give Order therein ac∣cordingly.

Mr. Anslowe being asked, whether this was brought to the Deputy by the Lady Mountnorris; and whether he did not reject it:

He Answered, That he was by when my Lady Mountnorris presented the Petition, she was humbly on her Knees to desire my Lord of Strafford to receive it: And he refused absolutely to receive it from her.

They then produced the Order in a Cross Suit, int. Robert Parkhurst Plaintiff, and the Lord Baltinglasse, & al. Defendants, Et e contra.

The Order was read, whereby certain Lands for 3000 l. paid at several times to the Viscount, and 300 l. more to be paid afterwards, were setled with Sir Robert Parkhurst.

William Brettergh Sworn, was Interrogated touching my Lord Bal∣tinglasse * 3.3 his Possession of the said Lands, and his dispossessing thereof.

He Answered, That he was Sollicitor for prosecuting of this Cause, and made Defence of it in behalf of my Lord of Baltinglasse, being then in England: But at the time of the Decree, his Lordship was come over; That his Lordship never made Answer to it; but when the Cause came to hearing, my Lord of Strafford ordered the Possession of the Land against my Lord Baltinglasse; and the Possession before was in one Grimble, who was Tenant. And that he could speak many other things concerning the carriage of it.

Mr. Glyn desired the Witness might be examined touching my Lord * 3.4 of Straffords purchase of those Lands; and offered the Articles where∣by my Lord of Strafford leased the Land for 28 years, and at 666 l. per annum.

My Lord of Strafford confest thereupon, that he had it, but it was * 3.5 in Trust for a Noble Person.

The Manager observed, That whether it was for a Friend, or him∣self, it is equal; for a man will do a courtesie for his Friend, as soon * 3.6 as for himself; And so he concluded his Reply, hoping that their Lord∣ships were satisfied, that he hath introduced an Innovation; and being so, that he hath exercised a Tyrannical Power over the Estates of His Ma∣jesties Subjects.

To such parts thereof as was new matter, my Lord of Strafford replied, in substance as followeth.

I desire that these matters that come on me suddenly, and being no part * 3.7 of my Charge, may not stick with Your Lordships.

In the business of my Lord of Baltinglasse, I remember little, only that my Lord Baltinglasse had forfeited his Estate to Sir Robert Parkhurst, who had a clear and free Estate in the Land, by Fine and Recovery, and divers Conveyances; The Lord Baltinglasse desired me to take the hearing of the Cause, to see if I could procure from Sir Robert Park∣hurst, a further sum of money: The Order was made with both their likings; and my Lord Baltinglasse was content to perfect the whole Estate. Sir Robert Parkhurst was in Possession at that time, not the Lord Bal∣tinglasse; That seeing no cause to relieve him in Equity, they left him to seek relief in other places. That afterwards an Agreement was made, 300 l. received by the Lord Baltinglasse; and after 100 l. more got to

be given, and so there was a full Conveyance and Acquittance from Fa∣ther and Son, That himself hath no Interest in it, but only of Trust to anothers use.

For that which was offered against the Jurisdiction; the Proofs are Negative, and contradict not what I have offered; And if I might shew my Lord of Faulklands Book of Entries, I could produce as much done by my Lord Faulkland alone, 1623. Attachments against Body and Goods, Hearings between Parties and Parties, Warrants for Distresses, War∣rants to the Sheriff for Possession of Lands, Injunctions to Judges of Assize.

For my Lord Mountnorris his Imprisonment, I desire Your Lordships to observe, that His Majesties Reference is, That I shall not set him at liberty without a Submission, so that he may thank himself for his Restraint.

For my Carriage to the Lady Mountnorris at the delivering the Petition, I desire Your Lordships to hear a Witness.

Who being asked to that purpose,

Answered, That he was present when my Lady Mountnorris was once with my Lord, but knows not whether that were the time in question. It was about 1636. That he was present when her Son delivered one before; which my Lord would receive, but her Son would not deliver the Reference, but a Copy, being so Commanded by his Lady Mother.

That when my Lady delivered it on her Knees, my Lord told her, She had done him the greatest Injury she could devise; and that if she had broke his Head, she should have pleased him better.

Being asked, whether my Lord rejected the Petition;

He Answered, That he cannot certainly remember what was done with it; but my Lord said, he could not do any thing on a Copy.

The Lord Viscount Dillon being asked to the same point,

Answered, He was by when my Lady Mountnorris came to my Lord to the Covent-Garden, with a Petition in her hand, and kneeled to my Lord, but my Lord desired her to rise, and offering the Petition, he said, he would not meddle with any Petition at that time; That my Lord was going abroad, and led her to her Coach in Civility, but received not the Petition.

My Lord of Strafford professeth, these things be so long past, that he remembers them not well, nor whether she offered a Copy the se∣cond * 3.8 time.

The Manager did here observe, That he acknowledged the Civility of my Lord of Strafford in this point; but there is one point sticks with him, * 3.9 as higher than any offered, and then their Lordships may think he goes high enough; That there hath been proved my Lord of Straffords Tyran∣nical. Proceedings on the Life and Fortune of my Lord Mountnorris; One step more, the Manager said he had heard off, and that was his Soul, and that sticks with him more than any thing else, He kept him in Prison till he should acknowledge the justness of a Sentence, which in his Heart he abhorred, and held unjust; That all former Tyrants, when they would proceed against a man, have found out two false Witnesses; but when a man shall be made a false Witness against himself, it is much more Tyran∣nical.

And he wished this Design had kept only in Ireland, and had not come into England, which he hopes shall be so no more.

And so after a short Reply to the two particulars last mentioned, the Manager closed the 6th Article, conceiving that it remains as was offered, That my Lord of Strafford hath determined things contrary to the Com∣mission and Authority obtained from His Majesty.

The Manager added, That for the present the Commons will pass by the 7th Article, and proceed to the 8th, concerning Arbitrary Power over the Estates of the Kings Subjects; And of that, the last part, only concerning the Lady Hibbott.

But my Lord of Strafford professing his disability to endure the Toil; * 3.10 and that he was ready to drop down, in respect of his much sickness and weakness, and desiring their Lordships to turn the case inward, and to see in the Closet of their own Hearts, if there be not reason, that being upon his Life, his Honour, and Children, and all he hath, he should not be prest further; and setting forth how the rest of the day after his going hence, is disposed of.

The House was Adjourned till next day.

The Fourth day. Thursday, March 26. 1641.

THE Eighth Article. The Charge.

[article 8]

THat the said Earl of Strafford, upon a Petition of Sir John Gifford * 3.11 Knight, the first day of February, in the said Thirteenth Year of his Majesties Reign, without any Legal Process, made a Decrée or Order against Adam Uiscount Loftus of Ely, a Peer of the said Realm of Ireland, and Lord Chancellor of Ireland, and did cause the said Uis∣count to be imprisoned, and kept close Prisoner, on pretence of Disobe∣dience to the said Decree or Order.

And the said Earl, without any Authority, and contrary to his Com∣mission, required and commanded the said Lord. Uiscount to yield up unto him the Great Seal of the Realm of Ireland, which was then in his Custody, by His Majesties Command, and imprisoned the said Chancellor for not obeying such his Command.

And without any Legal Proceeding, did in the same Thirtéenth Year imprison George Earl of Kildare, a Péer of Ireland, against Law, thereby to enforce him to submit his Title to the Mannor and Lordship of Castle∣leigh in the Quéens Country, (being of great yearly value) to the said Earl of Strafford's Will and Pleasure, and kept him a year Prisoner for the said cause; two months whereof he kept him close-Prisoner, and refused to enlarge him, notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed.

And upon a Petition exhibited in October, Anno Domini 1635. by Thomas Hibbots, against Dame Mary Hibbots Widow, to him the said Earl of Strafford; the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland, where the most part of the Council gave their Uote and Opinion for the said Lady; but the said Earl finding fault herewith, caused an Order to be entred against the said Lady, and threatned her, that if she refused to submit thereunto, he would imprison her, and fine her Five hundred pounds; that if she con∣tinued obstinate, he would continue her Imprisonment, and double her fine every month; by means whereof she was enforced to relinquish her

Estate in the Lands questioned in the said Petition, which shortly after were conveyed to Sir Robert Meredith, to the use of the said Earl of Strafford.

And the said Earl in like manner did imprison divers others of His Majesties Subjects, upon pretence of Disobedience to his Orders, De∣crées, and other illegal Command by him made for pretended Debts, Titles of Lands, and other Causes in an Arbitrary and extrajudicial course, upon Paper-Petitions, to him preferred, and no Cause legally depending.

The Article was opened by the Manager.

THomas Hibbott's Petition to my Lord of Strafford was read, set∣ting forth;

That Sir Thomas Hibbot's being seized of certain Land, con∣veyed the same to the use of himself for life, after death to the Petitioner in Tail, and divers Remainders over: That Sir Thomas of the said Lands became seized for life, and died, the Petitioner being in England, and not knowing of the Conveyance. That Dame Mary Hibbots, Iohn Hoy her Son, and others, taking advantage of his absence, combined to get the Deeds, touching the Lands, into their hands. That they caused one Booky to come into England to perswade the Petitioner to go into Ireland, and he went accordingly, and was brought to the place of the said Ladies abode, who pretended that she had an estate in the Lands during life. That by this means, before he could be advised, he was drawn to contract for the Lands at half value, and he entred into Bond to per∣form Agreements. That the Petitioner was more willing thereunto, in respect of a desire to buy other Lands of Iohn Martin's, and agreed for it, and was to receive 1800 l. of the said Lady, which Martin was to receive, and the greatest part paid out at the time and place appointed. That a Deed-Poll was drawn from him to Seal to, and acknowledge a Fine, and deliver Security for great part of the purchase-money. That notwithstand∣ing a Fine acknowledged, and Security given up, the Lady Hibbots refused to let Martin have the said money, and so the Petitioner disappointed of the Bargain; and therefore prays, that the Evidences, Deed-Poll, Fine and Bond might be delivered up, and the Agreement discharged, being surreptitiously obtained.

The Lord-Deputies Warrant was subscribed and read, bearing Dated 15. October, 1635. viz.

That the Lady Hibbot, &c. should on sight thereof, forthwith deliver the said Deeds, &c. to Sir Paul Davis, and to appear at Council-Table the 20th of this instant October.

The Manager observed, That the Petition was preferred in the name of Thomas Hibbots, though, in truth, he had never knowledge of the exhi∣biting * 3.12 of it, and that the first Bargain with the Lady Hibbots was made 22. September, 1635. the Petition exhibited 15. October, 1635.

The Decree was read, Iohn Hoy attesting it to be a true Copy, wherein the Petition is recited, and the time; and it is set forth, that the Courts of Justice were not then open, that the Petitioner being a Stranger, it was not fit he should long attend. That the Defendants denied the fraud charged: To which the Plaintiff Replied, the Defendants rejoin, time given to examine Witnesses, and a day for hearing set down. That at

the hearing, it appears the said Lady brake into her deceased Husbands Study, possest her self of the Deeds and Writings. That Booky was sent over (as might be conceived) to circumvent the Plaintiff. That getting him to her house, she contracted with him for 1600 l. before he knew of the value; that understanding it to be worth 2250 l. he refused to pro∣ceed, and then the Lady raised the price to 2500 l. That by not payment of a part of it, the bargain with Mr. Martin (the cause of his treaty with the Lady) was disappointed. That the Lady pretended an Estate for life in the Lands, when she had only an Estate in part for 99 years, if she lived so long, and no Estate in other parts thereof, which the Plaintiff knowing not of, could not suffer a Praecipe quod reddat without her joyning, whereas being but Lessee for 99 years he might.

That it appears by the Deeds that the Plaintiff intended not to sell the Lands, for that he knew them not, as appeared by Circumstances, which the Order doth more particularly set down. That the criminal part should be reserved, to be made use of by the King's Council; that for the civil part, the said Bargain was Ordered to be void. That the Fine not yet recorded, but remaining unreturned, shall be cancelled, if the Plain∣tiff shall require it. And the Lady to have only such Estate as she had before, and no other. And both Parties are hereunto to yield Obedience, 24. November, 1635. Adam Loftus Chancellor, Ormond, Valentia, Moore, Dillon, Sherley, Lowther, Wainsford, Manwareing, Tiringham, George Ratcliffe.

The Manager opened the Nature of the Cause, observed the particular * 3.13 parts of the Order, shewing, that there was a Conveyance executed, a Fine levied, though not returned by his Order, no Witnesses examined, though she denies the Fraud, and Arguments are made to convince her by observation of circumstances, and so concluded to overthrow a Bargain in October before. That it is pretended to be when the Courts of Justice were shut, though it was heard in full Term, 24. November, 1635. the Term there beginning as in England, but adjourned to the 2. of November, and the said Order was contrary to the Vote of the Council-Board. That when that Bargain was overthrown, the Lands were purchased by Sir Robert Meredith and others for 3000 l. to the use of the Earl of Strafford, and he sold them back to the Lady Hibbots for 7000 l. That when this Petition was preferred, Thomas Hibbots desired to be gone, and have his money; applies himself to Sir William Parsons for advice, Whe∣ther he might not withdraw his Petition; he sends him to Sir George Ratcliffe, Sir George opposes it; the Petitioner goes to my Lord of Strafford, and he tells him, Do not withdraw your Suit, 500 l. more in your purse will do you no hurt.

Iohn Hoy was first produced as a Witness, and sworn.

My Lord of Strafford offered to their Lordships Consideration, that the Witness is to have the Inheritance of the Lands, and so swears directly for * 3.14 himself.

But the Manager Answered, That if he shall have the Inheritance, his * 3.15 Lordship knows the terms, he hath paid 7000 l. for it. And Mr. Maynard added, that if the Decree were of force against him, it were some∣thing, but the Land is since paid for; and whether the Decree be good

or bad, he can neither lose nor win by it, for he comes in as a Purchasor. Yet my Lord of Strafford prest it, that the Witness complained, and seeks Relief against the Decree. But the Manager Answered, It was for his Mother, not for himself; though upon my Lord Stewards demand, he confest he was the Lady Hibbots Son, by a former Husband, and that the Inheritance is now in him. But my Lord of Strafford observed, if he can recover 3 or 4000 l. upon his Oath for his Mother, It is well. And their Lordships admitted him to be examined.

He was asked, What he knew concerning the Agreement between Thomas Hibbots and the Lady Hibbots, for the Purchase of the Reversion of the said Lands, the tearms and times.

He Answered, with desire to use his Notes, That Thomas Hibbots about 7. September continued two or three days in Dublin, and then came to Castlington, continued there a full day, and not a word spoken of the Bargain. That the Writings, whereby the Estate was setled, were shewed him, the said Thomas, and he read them. That being asked, Whether he would have more satisfaction; He said, He was satisfied; being demanded whether he would live in Ireland, and keep his Estate; he said, No, and that he would sell most of it. That the Lady Hibbots desired she might be preferred in the Sale, having interest by Joynture, and she conceived it for life; and demanded what he would ask, that he answered, What she pleased above 2000 l. That being asked, Whether he knew the Land, he answered, He knew it, for some years before he was in Ireland in Sir Thomas his life time, and a Servant of his had shewed him the Land. That she offered 1500 l. and he said, For 1600 l. she should have it, and so it was agreed. That she sent the Deponent up for 100 l. but the said Thomas said, He would not use so much, and took only 20 s. to bind the Bargain. That on Monday following they went to Dublin to draw up Articles to perfect the Bargain, and two or three days were spent about it. That he the Deponent tendered the Articles, and he the said Thomas excepted against the general Warranty, which he desired might be amended, and then he would perfect them, and it was amended accordingly. That in the interim, the day before Sir Robert Meredith went to him, and treated with him, offering, if he would break off, he the said Sir Robert would save him harmless, as Thomas Hibbots told him the Deponent. That thereupon Thomas Hibbots flies off, and told him the Deponent Sir Robert Meredith offered him 2250 l. That thereupon he the Deponent left the Town, and went to his Mother, and informed her of it.

That before the breach of the Bargain, he the Deponent procured a Subpaena, to sue the said Thomas thereupon, and that the said Lady coming to Town with the Deponent, the said Thomas came to her, and being asked the reason, why he would break the Bargain, he answered, Sir Robert Meredith had offered so much, and she answering, That she would not give an under-value, because she would not have another get the Rever∣sion. He Replied, That for 2500 l. she might have it, which she was content to give; and the Agreement was made. That the said Thomas went immediately to Sir Robert Meredith to give him an Answer, and satisfied him; That he the Deponent met Sir Robert Meredith coming out of his Lodging, and challenged him of this unneighborly courtesie, who said, it is true, he was about it, but the Lady Hibbots had bid more than he, and wished her much joy of it.

That the next day the Articles for the 1600 l. were perfected, and a Bond given for 900 l. to make it up the Sum of 2500 l. and this to be paid in England (for there was no motion about Land in England from the said Thomas.) That two days after he the said Thomas went to Iohn Martin, who had a little Estate, and treated for the Estate, for which he was to give him 1900 l. That the said Thomas came back to Dublin, and tells the Deponent of it, who had taken a course to exchange 2000 l. for him, and was to have near 80 l. for exchange of it. That notwith∣standing, on Mr. Hibbots return, he the Deponent was content he should have it paid there.

That soon after Thomas Hibbots acknowledged a Fine, perfected a Feoffment, and so passed all the Estate that could be in himself. But the Lady thought it could not be secure without a Recovery; for the said Thomas had but one Son, who had no Son, and the life of the man is uncertain; yet before that was desired, Thomas Hibbots saying Mr. Mar∣tin was willing to receive the money; he the Deponent appointed a day for receiving of it, and paid Mr. Martin 1800 l. giving Bond for payment of 100 l. 16. November, this being 9th of October. That he delivered Mr. Hibbots 60 l. and procured a Bill of Exchange to be paid at Nesson on sight 40 l. That he took up the 900 l. Bond, entred into by his Mo∣ther, and gave a Bond for payment of 500 l. at Chester a day following. That the money being sealed up by Mr. Martin, it was left there that night, and the next day they were to go to the Lady to enquire if they had sufficient Security, and went accordingly, and carried the Deeds along with them. That the Ladies Council told her, a Recovery was necessary, which might be done the first day of the Term. That he the Deponent desired Mr. Hibbots to stay till the Term, and offered to bear his Charges, but he would not, Winter growing on, and said plainly, He would not stay. That thereupon he the Deponent served him with a Writ he had prepared on the first Bargain. That immediately the said Thomas goes away to Mr. Sambridge, and informed him, that he had been often with him the Deponent to break the Bargain, and now is served with a Writ, and therefore prayed him to draw a Petition to my Lord-Deputy, which was drawn accordingly. To which the Lady and Deponent had time to Answer till Thursday: That the time was short, and there was a mistake in the Answer; for it was set forth that the Lady had an Estate for life, whereas she had an Estate but for 99 years, if she lived so long. That on this mistake discovered, my Lord-Deputy called for the Constable of the Castle, and commanded the Clerk of the Council to draw a War∣rant to commit their Council, till the Gentleman fell on his knees, and openly asked forgiveness. That then they could hardly get Council to plead: That there was a Reply and Rejoynder. And in the interim Mr. Hibbots came to him the Deponent, went to the Master of the Wards, and desired to be dismissed. That Sir George Ratcliffe appointed them to attend him, which they did. That Sir George took Mr. Hibbots with him, and on Sunday following the Lord-Deputy being informed of Hibbots consent, on Monday he sent for Hibbots, and wishes him to go on with the Suit, and asked him, What hurt it would do him to carry 500 l. more to England. The next day being Tuesday, there was no Witnesses examined, though a time was appointed to examine them; for the Clerk of the Council was busie, and could not attend it. That they desired Hib∣bots might be examined, and they would be bound by his Oath, and his Lordship granted a Warrant for it; and Mr. Hibbots was almost examined,

for on a Council-day the Order was given to the Deponent. But that very Afternoon my Lord-Deputy came to the Council-Board, and as soon as he was sate, spake to this effect; Here is a business concerning my Lady Hibbots, prosecuted with a great deal of Violence that ever I knew, and an Order procured for the Examination of the Plaintiff; but if any such Or∣der be, or Examination taken, I will have it damned; and this is as much as he can speak.

Being asked, Whether my Lord of Strafford did not threaten my Lady Hibbots with Imprisonment, till she performed the Order.

He Answered, That on the first of Ianuary, after the Decree, my Lord-Deputy sent to the Lady Hibbots house, to require her and him the De∣ponent to attend him, which they did accordingly, and were called into his Chamber, where was Mr. Sambridge of Council with Mr. Hibbots, a Sister of the Deponents, he the Deponent, and some others. That my Lord-Deputy asked them, Why they would not perfect the Re-assurance according to the Order, to which the Deponent offered some Exceptions, drawn up by the Council, alledging, that they could not possibly perform the words of the Order, and that they might perform them as near as might be; they shewed a course that might be observed, but my Lord-Deputy said, He would not be cavil'd withall, he would have the Order of the Board obeyed; and since they juggle thus, his Lordship said, He would have the Orders drawn up, and tendered, and that if they will not perform them, he will commit them to the Castle, where they shall lie a month, at that months end he will send for them to the Council-Board, and tender them again, and if they would not perform them, he will Fine them 500 l. and another months Imprisonment, and then tender them again, and if they will not perform then, he will Fine them 1000 l. and another months Imprisonment, and so from time to time, till they had performed the Orders of the Board.

Being asked, Whether these Lands were not purchased in the Name of Sir Robert Meredith, and others, and to whose use?

He Answered, That he hath the Deeds of the Land himself, and what the Dates are he doth not remember. But he knows the Lands were pur∣chased in the Name of Sir Robert Meredith and others, but he cannot speak to whose use, but from Sir Robert Meredith's own mouth, for when he the Deponent paid 7000 l. to him, he the Deponent was telling him the great advantage he made by this Bargain. In truth, saith Sir Robert, the advantage is nothing to me, I receive it with one hand, and carry to the Castle with the other. That the beginning of December last Sir Robert sent for this Deponent, and told him, He heard he was coming over to complain of such a matter, but desired him the Deponent not to trouble him, for he protested seriously, he had nothing to do with the business, his Name was only used as Sir Philip Persivals and Sir Robert Loftus, it was meerly to my Lord Lieutenants use.

The Manager observed, That when their Lordships have heard this, they * 3.16 will not wonder at the next Witness they shall produce, that a Supream Judge should perswade to continue a Suit, which he would have with∣drawn; and that notwithstanding the major part of the Board was against the Petitioner▪ yet the Order was drawn for the Peti∣tioner.

Mr. Hoy being asked to the matter of the Vote.

He said, He was withdrawn when they gave their Vote, but a noble * 3.17 Member of the Board came to his Mother to Supper, and named to him the Deponent every man that Voted for and against her, that he writ down their Names at that time, and there were twelve Votes for her, and nine against her; that he the Deponent was afterwards informed by ano∣ther then at Board, that the major part of the Board went for his Mother.

Thomas Hibbots was sworn, and being asked, Whether there was not a * 3.18 Petition preferred to the Lord-Lieutenant there for breaking off the Bar∣gain between himself and the Lady Hibbots, and answered before he knew of it.

He Answered, having the Questions dictated by the Clerk, being an old deaf man: That he caused a Petition to be drawn, but not this; that this Petition he knew nothing at all of; that he wished a Petition to be drawn by Mr. Sambridge, but it was only that he might have his money, and go into his Country.

Being asked, Whether, after the Petition drawn and answered, he did go to Sir William Parsons, and desired to be quit of the Suit, and that he went thereupon to Sir George Ratcliffe, and what passed?

He Answered, He sent to Sir William Parsons, and he sent him to Sir George Ratcliffe, and Sir George Ratcliffe said, He should not be dismissed from the Board.

Being asked, Whether my Lord of Strafford did not send for him, and tell him 500 l. more in his purse would do him no harm.

He Answered, It is true, my Lord wished him to go on with his Suit at the Board, and that no man in Ireland should do him wrong, and it would do him no harm to carry over 500 l. more.

Being asked, What Sir Robert Meredith said to him.

He Answered, That he would bring all the Writings to him the Depo∣nent.

Being asked on my Lord of Strafford's Motion, what Fees he laid out.

He Answered, 40 l. to Mr. Sambridge; and the Manager observed, he was preferred presently after the Bargain was executed.

Being asked, What words were used to the Lady Hibbots.

He Answered, That my Lord-Deputy asked, Will you not perform the Order; If not by such a day, I will send you to the Castle, and there you shall lie a month, and at the months end you shall be brought to the Board, and have 500 l. laid on your head, and at another months end 1000 l. more Fine, and you shall go back to the place again, and after that a third months Imprisonment, and your Fine increased; your Estate I know is very great, and if it were ten times bigger than it is, I will make it crack.

To prove that the major part of the Board was against the Plaintiff.

The Lord Mountnorris was asked, Whether he was present at the Coun∣cil-Table * 3.19 at that time when this Cause was agitated, and which way the major part of the Votes went at that time.

He Answered, He was there present, and the major Vote went for the Lady, and there were 12 or 11, he cannot possibly say which (though he took it then perfectly into memory) on one side, and nine on the other side.

The Earl of Corke asked to the same purpose. * 3.20

He first made an humble Suit to their Lordships, that he might not be produced as a Witness against the Prisoner. His Reason is, That when he hath delivered a true Testimony, my Lord of Strafford presently pursues him, and lays Imputations and scorns upon him; and therefore humbly prayed to be spared, else that he might have liberty to justifie himself.

Whence the Manager observed, What it is to fall on Witnesses persons extravagantly, when they produce them, and therefore desired my Lord * 3.21 of Strafford might forbear it, being a great disheartening to Witnesses.

My Lord of Corke added, That my Lord of Strafford accused him to have a Pardon, whereas he knows he hath none. That he is an honest man, and wishes my Lord of Strafford could leave the Kingdom with as much Reputation as himself had left it. And for the matter demanded, his Lordship said, He was at the hearing of the Cause, and Voted against the Plaintiff; but whether the major part Voted against him or no, he knows not.

Being asked, What words my Lord of Strafford said about making a party in that Cause.

He Answered, That he thinks he spake these words, He did not think there would have been a party against him, for if he had, he would not have brought it to that Table, for the Petition was preferred to him∣self.

Sir Adam Lofius being asked, What Sir Robert Meredith told him of his part in the Bargain.

He Answered, That he heard him say, He had no Title or Interest in it, but only his name used in trust, but for whom he did not declare, and that was all he said to him.

The Manager added, That they have another Witness to prove that of the majority of the Vote, my Lord of Ely, but he is sick. * 3.22

And so the Manager summed up the Evidence, and observed it to be something, that my Lord of Strafford should pitch upon the very sum of 500 l. that Mr. Hibbots had by way of increase. That the Order was made with an examination of Witnesses, on pretence of Fraud, where the Lady denied it on Oath, and that though it was so great a fraud in the Lady to procure a Reversion for 2500 l. which was sold for 3000 l. and after∣wards re-sold to the Lady for 7000 l. and so concluded that it is an Ar∣bitrary Government, drawn into my Lord of Strafford's own breast, and the Inheritance of a great Estate taken from the King's Subject without Rule of Law, there being a Fine levied, but being not retorned (as the Commissioners are bound to retorn it) he made an Order it should not be retorned, and a Lady threatened with doubling and trebling the Fine, and one of the Feoffees, Sir Robert Meredith, confesses it was for my Lord of Strafford. And to prove that, Sir Philip Persival acknowledged so much.

Mr. Fitzgarret was Interrogated, What Sir Philip Persival said, who thereupon answered, That Sir Philip had often told him, the Purchase was to the use of my Lord-Deputy, now Earl of Strafford. That he hath had occasion of Conference with him about the Estate, and hath some∣times discoursed with him concerning the Estate wherein his name was used. That he the Deponent might understand how far it concerned him, telling him, that the Estate would one day be questioned. And Sir Philip protested, he never knew of this business till his name was put into it, and he came to Seal the Writings, and that it was to the use of my Lord-Deputy.

Some Questions arising about the number of Hands to the Order, being in all 14.

The Manager observed, That more have subscribed than those that gave * 3.23 their Vote, being a Cause introduced by my Lord of Strafford. That all subscribed the Orders, as well those against them, as those for them, and Appealed therein to my Lord of Cork. The Course being, when an Or∣der is made, to bring it to the Table another day, and take all the Hands of them present; and he added, That their Lordships that are Counsellors know that Course to be used here.

My Lord of Corke being asked to that Point. * 3.24

Answered, That he knows nothing of it.

The Lord Primate of Ireland his Examination was offered, and was ad∣mitted * 3.25 accordingly to be read, being taken 30. March, 1641.

To the fourth Inter. That when the Major part of the Council-Board go one way, and the Minor part another way; when the Order is drawn up, the Minor part Signs it as well as the Major. The Lord-Deputy al∣ledging it to be the practise of the Council of England, and he himself had done it; but before my Lord of Strafford's coming he never knew it to be so.

Lord Renula being asked to the same Point. * 3.26

Answered, That he doth not remember that Order to be of force there till of late years, and that my Lord of Strafford hath declared to them that it is the practise of England, and when the Major part doth subscribe, though others be of different Opinions, they are involved in it, and must sub∣scribe.

The Lord Savil desired he might be asked, Whether he ever knew, that when the Major part did Vote against an Order, they did subscribe it.

The Manager answered, That that's their grief; and though there be no such Course, yet if it concern my Lord of Strafford, he will make it a * 3.27 course.

Lord Renula being asked, Whether he were present at the Council-Table when this Vote was given, and what he heard concerning the * 3.28 Vote.

He Answered, That he was not there, and he heard very little of it; that the most he heard of it, was since the coming of this Gentleman,

Mr. Hoy, into England; and that to his best remembrance he heard Sir William Parsons, now Lord Chief Justice, say, He was informed the Major Vote went against Sir Robert Meredith.

And so the Manager concluded the Charge as to the Eighth Article, saying, That here is a Proceeding for a Free-hold, contrary to the Funda∣mental Laws of the Kingdom, contrary to the Instructions in the manner and measure as their Lordships had heard.

My Lord of Strafford, after some time given for the re-collecting of his Notes, began his Reply in substance as followeth:

I will, with your Lordships noble permission, justifie my self against * 3.29 the Charge of High-Treason exhibited against me.

Having been blamed by the Gentlemen at the Bar for going to matters not pertinent, I shall henceforth keep my self to that within the Charge, trusting that the things wherewith I am not Charged, shall not dwell with your Lordships to my prejudice, but that your Lordships will in your Nobleness and Justice reserve to your selves, till in its proper place and kind, I shall Answer thereunto, conceiving that I am to Answer only to Treason, not to Misdemeanor.

The Charge opened, is a Decree given by the Deputy and Council of Ireland, to the subversion of the Fundamental Laws, and to the bringing in of an Arbitrary and Tyrannical Government.

Whether it be so or no, or whether by any manner of Construction it can be brought as an Argument to convince me of High-Treason, I conceive I am to Answer.

Whether the Decree be in it self just or unjust, is not the question, but will come clearly to your Lordships judgments upon the Petition of the party when she shall sue for her Right. And when it comes to be Charged upon me as a Misdemeanor, I shall give such an Answer as befits me.

There is nothing in this Charge that can be interpreted Treason, for it is but the exercising of a Jurisdiction in the Deputy, which he hath Commis∣sion for from His Majesty; and the inlarging of a Jurisdiction in a Judg, I conceive, is not Treason.

The Proofs formerly offered to prove the use and practise of the Depu∣ties (which I need not repeat, your Lordships being Persons of great Wisdom, and once said, always said,) come to my help and assistance in my Charge, the question being upon the same Jurisdiction only, and that in one particular Circumstance I conceive my self stronger in this Cause than in that of my Lord Mountnorris. This Case being of a Petition preferred to me, but referred by me to be heard before the Council-Board; and the Witnesses say, That though they did not know nor remember, that the Deputy himself heard Causes alone, yet it was frequent for the Deputy to receive Petitions, and refer them to the Board. So that I con∣ceive I have exercised or done nothing, but according to the Practise and Customs of that Kingdom, and consequently cannot be made use of as an Argument that I subvert the Fundamental Laws, or bring in Arbitrary or Tyrannical Government, when I step in the paths of my Predecessors, and the practise of other men in the like Cases. And that I say as to this Point of Jurisdiction.

The next Point I am Charged with is, That the most part of the Coun∣cil-Board Voted against it; whereas I say in my Answer, the most part Voted for it, and on that I most humbly insist still, and shall make it clearly appear to be so.

For Proof on the other Side, they have only my Lord Mountnorris his Testimony, who saies, They had 12 against the Order, and nine for it. And Mr. Hoy saith, That an Honourable Person that night told him, 12 were for him and nine against him; so it must all be one man, and one Testimony.

To prove the Major part was for the Decree, there was the Order signed under the Clerk of the Council, a sworn Minister, who could not draw it up without the plurality of Voices, being against the constant practise of the Board to do otherwise.

That this was the practise, I desire my Lord Primate's Examination may be read to the second, third, fourth, fifth and sixth Interroga∣tories.

Those his Examinations which were taken in the presence of the Peers and Commons, taken this morning, being admitted to be read, and the former taken in the absence of the Members of the Commons House, be∣ing declared to be suppressed. The said Examinations were read ac∣cordingly.

2. To the Second, he knows the use was to prefer Petitions to all the Chief Governors that have been within these fifty years last, but what hath been thereupon he cannot say. This my Lord of Strafford observed is to the Jurisdiction.

3. It is the received practise of that Board, that the Clerk of the Coun∣cil, being a sworn Minister, should draw up the Opinions according to the Major part of the Board.

4. That he hath not known the Earl of Strafford to have at any time urged or pressed any Member of the Board contrary to his own Opi∣nion.

5. That he hath heard him divers times profess he had but a single Voice, and that Matters were to pass according to the major part of the Voices of the Board.

Whence my Lord of Strafford observed, That the Clerk of the Council, being a sworn Officer, is perjured, else the greater part of the Board was against the Lady Hibbots.

Robert Lord Dillon being asked concerning the use of the Board in the Clerk of the Councils drawing up Orders, according to the major * 3.30 part of the Votes, and what he had observed in this particular Case.

He Answered, That the Clerk of the Council is a sworn Minister of His Majesty, and by duty of his Place is to take notice of the Votes, and accordingly to draw up the rough draughts of Orders, and to present them to the Board, to see whether they be to the sense of the major part of the Votes. That he was present at the Council-Board when this Cause was Voted, but cannot say, upon his knowledge, it was drawn up according to the major part of the Voices at the Board, for he counted not the Votes; but that was an inducement to him to believe so, because the Clerk of the Council drew it up so; and it is the Order of the Board, when the major part Votes, those that dissent, in regard their Votes are involved,

do commonly Sign, and that he had seen some Sign to the Order which had given Vote against the Decree.

Being asked severally how his Vote passed in this Order, and whether the major part did not Vote it, whether my Lord of Strafford did not al∣ways submit his Opinion to the major part, and whether in a Case that concerned my Lord Renula, there were eight at the Board, and four went one way, and four another, that my Lord of Strafford would not over-rule it, but called in another, and desired the whole business might be referred to him; whether before my Lord of Strafford's restraint, this Order was questioned on this Point for want of the major part of Voices, and whe∣ther at the signing of it, or any time after, he heard any Councellor except against the Order.

His Lorship Answered, That he gave his Vote for the Decree, that he reckoned not the Votes, but conceives the major part were for it; that he remembers not my Lord urging any man to Vote contrary to his Opi∣nion, or over-ruled it, but was content to let it go: That he remembers not the contrary, but my Lord submitted to the major part of the Votes: That in the business betwixt my Lord Renula Plaintiff and one Ormesby, he remembers there were but eight men at the Board, whereof my Lord-Deputy made one, and four fell on one side, and four on the other, and my Lord Renula was then present, as he takes it, though withdrawn at the instant, and for ought he knows my Lord Renula can say something to it. That when my Lord gave his Vote, he said, He would not take the priviledge of casting the Cause, but left it to an absent Counsellor, and which way soever he inclined, the Cause should go; and afterwards that Coun∣cellor did Vote against the Opinion of my Lord-Deputy, and the Order was drawn up so: That he never heard of any Complaint of the Order, nor heard of the business, till he came to the Board: That he doth not re∣member any Exception taken at the time of the signing the Order, nor at any time after.

Sir Philip Manwareing being asked concerning the matter of the major * 3.31 part.

Answered, That he was present at the Council-Table, and his Vote went for the Decree, and he conceives the major part of the Table did so too, he is very confident of it; and he doth the rather believe it, because he never knew the contrary practise at that Board in any Case; besides, he knows the Clerk of the Council is a very faithful and careful Servant, being a sworn Officer; and it is the duty of his Place to draw up Orders according to the major part of the Voices, and that no member of the Board took Exception at the signing of this Order that he knows.

For the matter of Imprisoning the Lady, my Lord of Strafford offered, That he hopes it's no great offence for the Deputy of Ireland to say as much to a Subject that's bound to perform the Order of the Board, and doth not; I ought not (under favour,) favour lets in that Case; for if Obedience be not had, it is to no purpose Orders should be made.

For the words concerning Fining of her, I offer to your Lordships Con∣fideration, that one that gives Testimony thereof is Mr. Hoy, who is a party interessed, and to whom the benefit will accrue of whatsoever shall be recovered; and that your Lordships may remember what a ready story he told, and wronged his memory, to desire to speak out of his Notes, for I never heard one speak more readily, and conceive he is not in this particular so intire a Witness to convince me. That the other Witness

is Mr. Hybbots himself, a weak old man, that hath not Judgment sufficient, but says forward and backward, and may be taken any way: Therefore his Testi∣mony is not so strong and binding. That suppose I had said the words, they cannot make a Treason; Fining in cases of Contempts being usual in Chancery here, to enforce men to conform to Decrees. However, I stand not charged with it; and when it comes in its proper place and time, I trust I shall make a fair and just Answer in it.

The last thing in the Charge, is the conveying of the Lands to Sir Robert Meredith, and others, to my use, which I deny in my Answer, and under favour, deny it still.

For the Witnesses offered,

I except against Mr. Hoy, as I must, under favour, as often as I men∣tion it.

That the words spoken by Sir Robert Meredith, is only his saying, and offered here as a Report; and when Sir Robert speaks for himself, I believe he will say another thing.

That the Testimony of Mr. Fitzgarrett, is but what Sir Philip Percival said; and when Sir Philip comes to be examined himself, I trust Your Lordships will find it otherwise, I having never spoke to Sir Philip in all my life, touching the business.

When my Lady Hybbotts complains of the Injustice of the De∣cree, before Your Lordships, I hope I shall clear it in its proper place, but in the mean time it is no part of my Charge; and I dare say they would not offer such a thing in Charge, to my Lord Keeper, or my Lord Chief Justice; or if they should offer it, they know they should have a rebuke; for Lawyers must keep within the limits of the Charge; and therefore in this particular, I may reserve my self, without prejudice in Your Lord∣ships Opinions, till it comes to its proper place; where I hope I shall ju∣stifie my Carriage to be Honest and Faithful, according to the Trust re∣posed in me.

His Lordship having finished his Defence, the Manager began his Reply thereunto, in substance as followeth.

That he shall not need to labour much in making a Replication, little * 3.32 being answered to the Charge, which he recited and opened.

That his Lordships Proceedings have in this matter been contrary to Law, they must rest on their Lordships memory, the Act of Parliament cited before, the Instructions, and the Proclamation, the Exercise of a Jurisdiction on the Estate of a Lady, without the least colour of Juris∣diction; whereas if there had been any, it would have been heard of.

That his Lordship answers nothing to his sending for the party Petition∣ing, bidding him go on with the Suit; and Prophesying, that he might have 500 l. more: That perhaps it is not material, whether the Order were just or unjust; and my Lord of Strafford will answer only to the Ju∣risdiction. But we observe, that yesterday he made a great flourish to the justness of a Decree, let the Jurisdiction be what it will; and when he cannot justifie that, then he declines it.

That my Lord his Pulse is still beating, that this is no Treason, yet it is an Article to prove and conduce to the General Charge, of subverting the Laws; and though he pretends that these Circumstances, of purcha∣sing the Lands to his own use, and speaking to the party to proceed, and his Threats, are not to the purpose; yet under favour these, and his say∣ing,

when he perceived a great part to Vote against him, (though not the major part, as he says) that he could have kept it in his own hands, do come home to the point, That he hath exercised an Arbitrary Power, specially when it is for his own benefit.

His pretence, that this Cause was heard before the Lords of the Coun∣cil, and therein differs from that of my Lord Mountnorris, is no answer at all; for the Lords of the Council have nothing to do in matters of Free∣hold or Inheritance, when it concerns not Plantation, or the Church, or is specially recommended.

That they concur with my Lord Primates Examination, that the Clerk of the Council should draw up Orders according to the major part of the Votes; but what he hath done in this case, they know not; and how far a Deputy might prevail with the Clerk of the Council, they submit: And there is an express proof of one of the Counsellors, that there was 11. or 12. against the Order, and nine for it.

And whereas it is said, he is but a single Witness, my Lord of Corke says, though he remembers not which way the major voice went, yet he remembers very well my Lord Deputy exprest those words, concerning the making of a Party; which shews, that something was done that did not agree with his will: And another Witness says, that Sir William Par∣sons told him, that the major Vote was against the Order.

And whereas my Lord Strafford pretends, that the Privy-Counsellor that told Mr. Hoy, there were more Voices for his Mother than against her, must be my Lord Mountnorris, That is denied; and we desire Mr. Hoy may in that point explain himself.

He hath called Sir Philip Maynwaring, and others, that would have te∣stified the truth to his advantage; but not one of them expresses any thing to their knowledge, but as they believe it; because by the Duty of his place, the Clerk of the Council ought to have drawn it up according to the Votes.

The Threats to Imprison and Fine the Lady; and the kind of Threats are proved by two Witnesses, with this addition by one, That he would crack her Estate; which shew a great fervency in my Lord of Strafford to have the Order performed; and why should he be so earnest, if he had not had some game to play afterwards.

If the Conveyance had not been to his own use, my Lord of Strafford would have provided his Testimony; It being proved in whose name it was, and both they affirm it to be for the use of my Lord of Strafford.

Mr. Hoy being asked, whether the Counsellor who told him how the Votes passed, was my Lord Mountnorris or no;

He Answered, That Sir Iames Erskyn, since dead, gave him a Note of the Names: And that the Lord Arch-Bishop of Dublin told him presently after, the Vote went on his Mothers side.

Mr. Palmer observed, That the Lord of Strafford draws an Argument, that because there was no complaint of the Order, therefore there was no mistake; and desired Mr. Hoy might be asked, why he made no complaint.

Mr. Hoy being accordingly asked;

Answered, That he was ready to come for England, and to take Ship, and that Evening he went to the Master of the Court of Wards, to take

his leave of him, and to acquaint him with his going. That Sir Paul Davis being there, he and the Master of the Wards, desired him to walk into the Study, and perswaded him against his going, telling him of my Lord De∣puties great Power; and that he might as well run his head against a Rock, as have any Remedy against my Lord Strafford, as the times go now; and this was very soon after the Decree, and as he conceives, between it and Christmas following.

Being asked, whether Sir Paul Davis shewed him the Order, and whe∣ther it was interlined; and by whose hand:

He Answered, That he was at the Clerk of the Council to have got a Copy of the Order, and saw the Order interlined with a strange hand; and asking whose it was, Sir Paul told him, it was my Lord Deputies.

Here my Lord of Strafford observed, that it is very ordinary for the * 3.33 Clerk of the Council to bring Orders to the Deputy, who if he sees cause, mends them.

Sir Dillon being asked, whether any that Voted in my Lady Hyb∣bots Case, did tell him which way the major part of the Votes in my Lady Hybbots Case went;

He Answered, That a little before his coming out of Ireland, speaking of the Charge against my Lord of Strafford, and particularly of this Cause, one or two of the Privy-Council said publickly, The major part of the Council was for my Lady Hybbots.

To this last part my Lord of Strafford answered, with a desire that the * 3.34 Witness might be asked, whether Justice Parsons be not Father-in-Law to Mr. Hoy; And that this was since his my Lord of Straffords que∣stioning.

And so the 8th Article was concluded, being his Exercise of an Arbi∣trary Power over the Estates of His Majesties Subjects; though they have divers other Instances, as in the Case of the Earl of Ely, and my Lord of Killdare, the prime Earl of that Kingdom.

[article 9]

THE Ninth Article. The Charge.

THat the said Earl of Strafford, the sixtéenth day of February, in the Twelfth year of His Majesties Reign, assuming to himself a * 3.35 Power above, and against Law, took upon him by a general Warrant under his hand, to give Power to the Lord Bishop of Downe and Connor, his Chancellor, or Chancellors, and their several Officers there∣to to be appointed, to Attach and Arrest the Bodies of all such of the meaner and poorer sort, who after citation, should either refuse to appear before them, or appearing, should omit, or deny to perform, or undergo all Lawful Decrées, Sentences and Orders, issued, imposed, or given out against them, and them to Commit, and kéep in the next Goal, un∣til they should either perform such Sentences, or put in sufficient Bail, to shew some reason before the Council-Table, of such their contempt and neglect; and the said Earl, the day and year last mentioned, signed and issued a Warrant to that effect; and made the like Warrants to se∣veral other Bishops, and their Chancellors, in the said Realm of Ireland, to the same effect.

MR. Glyn opened the Ninth Article, charging my Lord of Straf∣ford with assuming of a Power above Law, in granting of a general Warrant to the Bishop of Downe and Conner, to attach such persons of the meaner sort as should not appear on their Citation, to apprehend their Bodies, and bring them before the Council; an Act so high, that higher could not be, unless it extended to Life, as my Lord Mountnorris his Case; to grant a Warrant at pleasure contrary to Law, to apprehend the Bodies of His Majesties Subjects, that live un∣der the protection of the Law; which if it be made good, will be of great might, and prove the Charge fully.

A Copy of the Warrant being produced, my Lord of Strafford excep∣ted against it, as not to be read, by the proceedings of the Court, being not the Original.

To which the Council at the Bar answered, That that's the way to shelter any Crime, if none but the Original Warrants in such Cases should be admitted; it being no Record that they may repair to it. And their Lordships being desired that a Witness might be heard, what he can say for

the attesting of it; after which, it will be proper for their Lordships to judge of the Copy.

Sir Iames Mountgomery Sworn, and asked whether he saw the Original * 3.36 Warrant; and whether this be a true Copy.

He Answered, He can depose, that he hath seen the Original Warrant, and read it; and that the Bishop of Derry did shew it himself. That this Copy, he believes, both in matter and words, to be a true Copy; for he hath another Copy agreeing with this; and that he knows this Warrant hath been put in Execution many times; and he himself hath been charged to assist them that have put it in Execution, by virtue of this Warrant.

Thereupon the Warrant was read; being in effect as followeth.

By the Lord Deputy.

FOrasmuch as We have been informed by the Right Reverend Father in God the Lord Bishop of Downe and Conner, that the most fre∣quent Offences against God, and the greatest Contempts against the Eccle∣siastical Jurisdiction, are Committed by the meaner and poorer sort of People in that Diocess; whose faults, for the most part, escape unpunished, by reason the Writ de Excommunicato Capiendo, is so long before it can be sued forth, and executed on them, that they remove to other parts, and cannot be found; or if they be taken, their Poverty is such, that they cannot satisfie the Sheriff, and other Officers Fees, due for taking them on that Writ; whereby the Officers become negligent, and backward of doing their Duties. We therefore desiring the suppression of Sin, and Reformation of Manners, have thought fit to strengthen the Ecclesiastical Authority of the said Right Reverend Father in God, the Lord Bishop of Downe and Conner, with our Secular Power, and do therefore hereby give Power and Authority to the said Lord Bishop, his Chancellor or Chan∣cellors, by their several Officers by them to be appointed, to Arrest and Attach the Bodies of all such of the meaner and poorer sort, that after Citation, shall refuse to appear before them, or appearing, shall omit or deny to perform and undergo all Lawful Decrees, Sentences and Orders, issued, imposed, and given out against them, and them so Arrested to Commit, and keep in the next Goal, till they shall perform such Sentences, or put in sufficient Bond, to shew some reasons before the Council-Table of such their Contempts, &c. willing all Justices of the Peace, &c. in that Dio∣cess, to be Aiding, &c. as they, &c. Given, &c. Febr. 16. 1636.

Tho. Little.

Mr. Glyn opened the several parts of the Warrant, and offered, that it was expresly against Law, putting their Lordships in mind of the former words, That he would make an Act of State equal to an Act of Parlia∣ment: But now he is better than his word; for he will make an Act of State higher than an Act of Parliament: For whereas by the Law, no Sub∣ject of the Kings, in any Ecclesiastical Court, may be taken till he be cited; and then on disobedience, he is Excommunicated; and on Excommunica∣tion, there is a Writ called, Capias Excommunicatum, by virtue of which

he is apprehended. Now my Lord of Strafford issues a Warrant to take him, if he appear not on Citation, breaking through the Law, and ma∣king no matter of that, but he will make a Law that extends to the Li∣berty of the Subject.

And if this had never been put in Execution, it had been all one to the purpose of the Commons; for this shews how, being intrusted with the Kings Law in Ireland, he discharges that Trust. But for Execution, they desired Witnesses might be heard.

Sir Iames Mountgomery being asked, how this Warrant was Executed; and the Kings Subjects used under colour of his Authority:

He Answered, That he hath seen several Warrants that have issued un∣der the Hand of the Bishop of Downe's Chancellor, sometimes to the Con∣stables, sometimes to his own Apparitors, with their Assistance for to ap∣prehend the persons under-named; That there have sometimes twenty, sometimes thirty, sometimes more, sometimes less names, been put in the War∣rant. That he hath known them executed with great cruelty, sometimes wounding, beating, imprisoning them.

Being asked on my Lord of Straffords motion, how long since he knew any thing done upon that Warrant:

He Answered, Since the time of the Warrant granted; and he thinks the Warrant bears date February 1636. till of late, much about this time Twelve-month, which was the last time he was charged himself, to be as∣sistant to the Execution of it. That he heard the Bishop of Derry had ta∣ken up the Warrants in Sommer last, on many and frequent Complaints that had come; and had withdrawn it from the Bishop of Downe about Iuly last.

The Manager closed this Article, observing, that my Lord of Strafford * 4.1 not only takes this Power, but gives it over to others; and see how they do execute it over the Kings Subjects; Knights, and men of Eminency must be called to assist; and therefore it was high time to accuse my Lord of Strafford of subverting the Laws of Ireland.

And so expected his Lordships Answer.

My Lord of Strafford began his Defence, in effect as followeth.

Such Warrants have been usually granted to the Bishops of Ireland, in times of all former Deputies. * 4.2

But not satisfied with the convenience thereof, I refused to give such Warrants generally, as was formerly used.

Being informed that divers in the Bishoprick of Downe gave not fitting Obedience, I gave this Warrant, being the only Warrant of this kind that I granted; and hearing complaints of the Execution of it, I called it in again.

They have produced only a Copy of the Original Warrant, and what words may be omitted that's in the Original, God knows; and I think, under favour, it would not be an Evidence at the Kings-Bench Bar.

And this stands with the practice of former Deputies, to grant such Warrants of Assistance to the Bishops.

The Lord Primate of Ireland, his Examination read.

To the 7th Interrogatory, That he remembers his immediate Predecessor in the Bishoprick of Meath told him, he had a Warrant of Assistance from the then Lord Deputy, who was either the Lord Chichester, or the Lord Gran∣dison; That the Recusants in his Diocess desired it might be so, for the saving of those Charges which would come on them by the Writs de Ex∣communicat' Capiendo.

Robert Lord Dillon, being asked whether he had known formerly such Warrants to be granted, and by whom.

He Answered, He hath heard Writs of Assistance have been granted by former Deputies, but he remembers not that ever he saw any.

Mr. Tho. Little being asked, whether this Warrant was granted accor∣ding to former Presidents:

He Answered, That he hath seen one of the Original Warrants before my Lords coming there; and that it was brought to him to draw another by; And going to instance in some Copies seen in my Lord of Faulklands Book of Entries,

The Manager excepted against him, for medling with a Book formerly * 4.3 over-ruled.

Mr. Little proceeds, That he hath seen an Original Warrant by which this was drawn, and it was under my Lord of Faulkland's hand; and this was made according to that pattern.

Being asked, whether my Lord of Strafford did not restrain, and give direction to him not to issue any other Warrant of that nature:

He Answered, There was no more made but this, though divers required them, my Lord forbidding him at all times afterwards.

My Lord of Strafford offered his humble request to their Lordships, that * 4.4 in all things that concern the Irish Charge, they will please to remember, it was not possible for him to procure any Witnesses in this short time of his Trial, having not liberty till Friday was seven night; These things being notorious, and might have been cleared if he had had time.

He added, That whether this be a true Copy of the Warrant or no, I cannot tell, but likely enough it is.

That it was moved for by the Bishop of Downe and Connor, to whom, for some reasons, I was willing to grant it; but being afterwards told by Sir George Ratcliffe, that he doubted whether it was Legal or no, I called it in again, and never granted any but this.

That (as appears in the proof) I sent to the Bishop of Derry, and de∣sired him to call in the Warrant, and so he did long before this complaint: And thence I infer, that it could not argue my intention to break the same.

Whereas the Gentleman at the Bar said, that I had been better than my word; for I had said, an Act of State should be as good as an Act of Par∣liament; but here I made an Act of State better than an Act of Parlia∣ment. I observe, that he is willing to make me better than my word, when it may be for my disadvantage; but is willing to make me worse than my

word, when by disproving me, he may hurt me. That therefore it befits me to do as well as I can for my self in this case; yet not to take it amiss from the Gentleman, who doth but his duty.

Finally, I conceive it not Treason in me to follow the President and Practice of those which have gone before me, which though it be not al∣together so Legal, yet I hope it is not Treasonable. Nor is it Treason to mistake the Law; if it should, there would be more actions of Treason than Trespass in Westminster-hall; for I think few understand it, I do not I am sure.

And so I hope this shall never rise up in Judgment against me in its self, or as a concurrent Argument towards Treason.

Mr. Glyn replied, in substance as followeth:

What my Lord of Strafford is charged with, he confesses to be an Au∣thority * 4.5 above Law; and that it is not justifiable.

Yet he would justifie it by the practice of his Predecessors, wherein the examination of my Lord Primate, offered for Proof thereof, aggra∣vates the Offence, the Warrant therein mentioned, being procured at the Request of the Papists; and perhaps it might be so now: but the Prote∣stants have been Oppressed by it. That was to save the charge of a Ca∣pias Excommunicatum, which was the Process issued upon Excommunica∣tion; but by this Warrant they must be taken on the Citation, down-right Club-Law, having in similitude the Civil Law.

That his own Secretary that made the Warrant, and is as guilty as him∣self, tells of a President, according to which he made this; Therefore the Copy produced is a true Copy, else he says not truth.

That whereas his Lordship says it is a single Act, and as soon as he had notice of the Illegality of it, he recalled it, and therefore it should not be laid to his Charge: Indeed if it were a single Act, this Answer might be taken; but when in the case of my Lord of Corke, his Inheritance was to be determined, and desired the benefit of the Law, did my Lord of Straf∣ford suffer the course of Law to go on: Now when he is pleased to make an excuse for himself, he calls it in; but when in matter of Life and In∣heritance concerning Peers, Right is demanded, he denies it. If this sin∣gle Act be compared with other Exorbitant Proceedings, we refer it to Your Lordships Wisdom and Justice, whether it be not a strong Evidence to prove his subverting of the Laws.

After some discourse touching their proceeding on with the 10th Arti∣cle, for that the same would hold long, the day far spent, and my Lord Cottington and Sir Arthur Ingram, material Witnesses for My Lord of Straf∣ford, (as he alledged) were absent; for whose Examination his Lordship desired a Commission, Their Lordships Adjourned the House.

The Ninth day.

Wednesday, March 31. 1641.

[article 10]

THE Tenth Article. The Charge.

THat the said Earl of Strafford being Lord Lieutenant, or Deputy of Ireland, procured the Customs of the Merchandise Exported * 4.6 out, and Imported into that Realm, to be Farmed to his own use.

And in the Ninth year of His now Maiesties Reign, he having then Interest in the said Customs (to advance his own gain and lucre) did cause and procure the Native Commodities of Ireland, to be rated in the Book of Rates for the Customs, (according to which the Customs were usually gathered) at far greater Ualues and Prices, than in truth they were worth, (that is to say) every Hyde at Twenty shillings, which in truth was worth but Five shillings; every Stone of Wool at Chirtéen shillings four pence, though the same were really worth but five shillings, at the utmost nine shillings; by which means the Custom, which be∣fore was but a Twentieth part of the true value of the Commodity, was Enhanced sometimes a Fifth part, and sometimes to a Fourth, and sometimes to a Third part of the true value; to the great Oppression of the Subjects, and Decay of Merchandise.

MR. Maynard proceeded to the 10th Article, saying, They had shewed what my Lord meant to do, what he threatned, what he did concerning the Lives of His Majesties Subjects, what advantages he found to order their Tongues, to cut off their Heads; but he rested not there, Their Lordships have heard how he Exe∣cuted one without Law; The subsequent Articles were under colour of Law, to take away the Subjects Lands, to distribute them in a way of Justice; and yet they come to his own profit. Now the 10th Article charges him, that he did procure to Farm to his own use, the Customs of Ireland, that he inhanced those Customs, procured a Book of Rates to be

made, and Goods valued Treble to the worth of the Commodity; in∣stancing in two particulars, Wools worth 5 s. the Stone, or at most Nine, rated up to 13 s. 4 d. and a Hyde valued at 20 s. which was in truth worth but 5 s. That these High values were put upon them to increase the Customs. That my Lord of Strafford in his Answer, pretends it not to be done for his own benefit, but for the advantage of His Majesty, and gives some Colours, which are left to himself to open and prove. That they shall prove the Fact to be done for his own advantage, to the great deceit and disadvantage of His Majesty.

The Case was stated thus.

His Majesty King Iames did, in the 16th year of his Reign, Lease to the Duke of Buckingham, the Customs of Ireland for 10 years: In which Lease there were Exceptions and Agreements of Defalcations, as the Cu∣stom of Wines, which were Leased to my Lord Carlisle, at the Rent of 1400 l. per annum to the Crown; and on this Lease was reserved 6000 l. a year Rent, and half the clear profits above the Rent; which half did amount to 3700 l. a year. There was a second Lease made to the Dutchess of Buckingham, being in the time of 7 Car. who was to have a certain sum out of the Lease, but the profit was for my Lord of Strafford and his Partners. Mr. Maynard observed the difference of the two Leases; and shewed, that it was not only a bargain of loss to His Majesty, of what he had, but also a bargain by way of advancement of that which was not by inhancing the values.

Which he demonstrated thus; The King out of the first Lease to the Duke 6000 l. and 3700 l. that is, 9700 l. by the latter Lease 11050 l. so at first view, 1350 l. gain, besides the Fine pretended to be paid; But in lieu thereof, the Lease to my Lord of Carlisle was procured to be surren∣dred, upon which the King had 1400 l, a year Rent, before the Dutchess, that is now my Lord of Straffords Lease, was Sealed; which 1400 l. a year, is not reserved in the said latter Lease, the surrender being 21 Mar. the Demise 24 Mar. So that 1400 l. a year is swept away by my Lord of Strafford, instead of the 1350 l. by way of advance.

Besides the surplusage of the profit of the Farm of Wines, Demised to my Lord of Carlisle, amounted to 3400 l. a year; sometimes an odd 500 l. sometimes 200 l. but Communibus annis, it was above 3000 l. And this be∣ing by Surrender, drawn into my Lord of Straffords purse, but out of the Kings purse, and that not only by way of gift; for this surplusage above the 1400 l. per annum on the Wines, was to be made good out of the 11050 l. So that out of the 11050 l. there is drawn from His Majesty 4500 l. instead of an advance of 1350 l. And it rests not here, for besides these, the Customs of London Derry, and Colerane, worth 1500 l. a year, and the Customs of Knockfergus and Strangford, (reserved in the Dukes Lease) are stollen out by way of Defalcation in the Earl of Straffords Lease.

Besides, whereas the Duke of Buckingham had a moiety of the Kings moiety, of all Seizures in case of mens concealing Custom, or Landing Goods at unseasonable times, the Statute allowing to His Majesty in some such cases a Moiety, in some cases the whole, my Lord of Strafford by his Lease, must have all that belonged to the King.

And whereas the Duke of Buckingham had, for Merchants Goods that came in by way of prize, an allowance of Custom. By the Lease of my Lord of

Strafford, whether they be the Kings Goods, or his Subjects, Custom must be paid by His Majesty, to his own Subjects.

Mr. Glyn observed also a strange Clause in the new Grant; which is to the matter of opposition and Subversion of the Laws, That this Grant shall hold, whether it be repealed by Parliament or not: And further, the Rates are inhanced when they come to my Lord of Straffords Grant, in 12 particulars; so that the Customs which at that time were presented as worth 12000 l. a year, fall out on proof to yield, seldom less than 40. sometimes near 60000 l. a year; all which Gain hath gone out of the Kings Purse, and is in my Lord of Straffords, and his Partners.

The Lease made to the Duke of Buckingham was first read, as to the Grant, the Render, and the Defalcations, Dat. 23 May, 16 Car.

The Lease to the Dutchess of Buckingham was next read, dated 24 Mar. 7 Car. from the several parts whereof, Mr. Maynard observed the inhan∣cing of the Rates; The Grant of the Wines, the Payment of the Customs for the Kings Prize-goods, the Clause touching the Repeal by Parliament, the Defalcations, the allowing the part of the Kings Moiety of the Sei∣zures, so formerly opened, to be fully manifested.

In this Lease there is 20000 l. consideration by way of Fine, and 11050 Rent received.

The Grant of the Surplusage of the profit of Wines to the Earl of Carlisle above the said 1400 l. per annum Rent, for the remainder of fifteen years, was read.

Wherein is recited the original Grant under the said yearly Rent of 1400 l. and the Surrender thereof to the Crown, 21 Martii, 7 Car.

They proceed to prove the Values.

And first, Witnesses were produced to prove, that by the Duke of Buckinghams Lease, 3700 l. per annum, was answered to the Crown for the Moiety of the Surplusage of Profits, over and above the 6000 l. yearly Rent thereupon observed.

The Lord Ranulagh being asked to that point, * 4.7

Answered, That he was a Partner in the Farm in the time of my Lord of Faulklands Government in Ireland, and on the Lease there was reserved to the King, over and above the 6000 l. a surplusage of the profits, which came to 3700 l.

To prove the value of the Wine-Customs above the 1400 l. Rent, reserved on the Earl of Carlisles Lease, which was to be answered to the Earl of Carlisle, out of the 11050 l.

Sir Iames Hey sworn and interrogated to that point. * 4.8

Answered, That in 1635. the late Earl of Carlisle sent him into Ire∣land, to settle his affairs there, where he stayed almost 12 months; and then he received a years account of the Wines, which he hath to produce under the hand of the Auditor of that Kingdom, which is the money received for the profit of the Wines.

The Accompt was read, viz.

A Collection of what the Impost of Wines amounted to, according to the old Rates for the year ended, March 1635. in the several parts follow∣ing, wherein all Wines discharged out of forraign bottoms, are rated as strangers, viz.

The Total, 3787 l. 15 s. 9 d. Sterl. Out of which the sum of 1400 l. the Rent formerly reserved to His Majesty out of the said Impost defalked, there will remain 2387 l. 15 s. 9 d.

Sir Iames Hey further said, That 1636. my Lord of Carlisle dyed, and he will not depose for that years Accompt, but he conceives it is an Ac∣compt sent over from the same party: And that he had a Letter from an Officer of the Custom-house at Dublin, wherein he mentioned the Impost to amount to 5000 l. and upwards, either 1638. or 1639. but he is not certain which.

To prove the Value of the Defalcations of London Derry and Colerane.

Robert Goodwyn sworn; being asked what the Customs of London Derry and Colerane amounted to Communibus Annis: * 4.9

He Answered, That the Customs received in the Town of Colerane, In-gate and out-gate, from 25 Mar. 1634. till 25 Mar. 1639. being for the space of five whole years, as appears by the several Accompts thereof, is 1079 l. 6 s. 1 d. ½. That the Total of the Customs of London Derry, where he collected himself in-gate and out-gate, from the last of Febr. 1634. till Michaelmas 1639. as appears by the several Accompts thereof made by His Majesties Commissioners for the City and County of London Derry, is 5348 l. 11 s. 10 d. That he shall acquaint their Lordships with the full Truth. These were not Collected according to the Book of Rates, but at an under value. That all the Book of Rates 1634. and so forward to the last Book, do value Beef at 16 l. a Tun. But because Beef is sold in Derry and Colerane, for 6 or 7 l. a Tun at utmost; therefore he was di∣rected by the City of London to take 6 s. after the rate of 6 l.

Then for Hydes, these Books of Rates value a Hyde at 12 s. and where he should have taken 6 d. he received by direction of the City but 2 d. at the Infancy of the Plantation, and for the good of the place, which the City tendred.

Henry Brawd sworn, and examined to the same matter, * 4.10

Answered, According to the Deposition of Robert Goodwyn, for the value of the Customs of Colerane and London Derry.

To prove the value of the Farms in Ireland.

Iohn Welsh sworn, and examined to that point.

Answered, That he can speak nothing of knowledge, but only by hear-say.

To prove the value of the Customs, as increased on the New Book of Rates.

Robert Cogan sworn, and Examined to that Point. * 4.11

Answered, That he never cast them up in particular, but he did estimate them before they took the Farm to be worth 10 or 12000 l. a year.

Here on my Lord of Strafford's Motion, Mr. Cogan was asked, Where he now lives.

He Answered, In London.

To prove the increase of Customs 1636, 1637, 1638, 1639.

Iohn Welsh Examined to that Point. * 4.12

Answered, That he was directed from the Committee to come hither: That he went into the Exchequer-Office, and took notice of some Books there, presented to him by one of the Officers of the House, and he Col∣lected these four years, 1636, 37, 38, and 39. and as they came to his hands he put them down, 1636. they came to 39936 l. 1637. 38889 l. 1638. 57380 l. 1639. 55582 l.

Being asked concerning the value of Hydes, Wooll, and Tallow.

He Answered, That he knew the values very well, being Commodities he deals in daily: That he hath bought Hydes for 3 s. some 4 s. some 5 s. and very few exceed these Rates.

And in their Parts they ordinarily give 50 l. a Last, which is 200 Hydes, and then they have ordinarily 30 or 40 Hydes on the Last to make them full Hydes. For Wooll there is of 3 s. 4 s. 5 s. 8 s. 9 s. and that's the highest price he ever paid, or knew any of his Neighbours to pay, he living in Waterford.

Whence Mr. Maynard observed, That a Hyde of 5 s. is rated at 20 s. and 9 s. the uttermost for Wooll, rated at 13 s. 4 d.

Lord Renula being Interrogated to the value of the Customs 1636, 37, * 4.13 38, and 39.

He Answered, That all he knew of it is this, about Christmas last he called on the Remembrancer of the Office of Exchequer, that keeps the Books of the Customs, he desired a Note of the value of the Customs for three or four years back, and the Officer gave him a Note 1636, 37, 38, 39, which Note he hath, but forgot to bring it with him this Morning. But to the best of his remembrance the value of the Customs for these years is thus, 1636. either 38. or 39000 l. and some odd hundreds, 1637. 39000 l. and odd, 1638. is the greatest year, and then it was 57000 l. and 1639. 55000 l.

Patrick Allen sworn, and examined to the value of Hydes and Wooll in * 4.14 Ireland.

Answered, That he hath bought Hydes at 4 s. 4 s. 6 d. 5 s. and 6 s. the most that ever he knew any pay for Hydes; for Wooll there is a course Irish Wooll not worth 4 s. some is worth 6 s. some 7. s. 8 s. but 11 s. is the most that ever he knew paid for Wooll.

And so Mr. Maynard closed the Article, and left it to their Lordships Consideration, what the King hath left, what profit my Lord of Strafford hath received.

To which my Lord of Strafford made Defence, in substance as followeth:

I shall, under favour, proceed to make a just Defence of my self, as to this Impeachment of Treason brought against me by the Honourable House * 4.15 of Commons, for that is the thing in question, and which I shall only Answer unto, as being Charged with nothing else.

I desire I may read the Charge, and then your Lordships will see how pertinently the time hath been spent in the proving of it.

He reads his Charge as to the Tenth Article.

With humble submission to your Lordships great Judgments, I conceive there is nothing in this Charge, that can by any Law that ever I heard of, be brought to be Treason.

These Gentlemen have told your Lordships what His Majesty lost by a Contract with the Dutchess of Buckingham, which I conceive concerns not in me at all, being no Party to it.

If the Dutchess, by her Grant of 24. March, 7 Car. had more Priviledge than the Duke of Buckingham had for the 10 years preceding; yet by their own shewing here is 20000 l. Fine, and an increase of 1350 l. a year Rent, so that there was a Consideration for it.

That these Twelve Commodities were raised, and the values inhanced on that Consideration 24. March, 7 Car. but the Lease wherein himself was Partner bears Date 21. April after; So that the Book of Rates was not raised by me, but by them that had care of the business between the King and the Dutchess of Buckingham: And this being set by the King's Officers, to whom it was proper, in the 7th Year of the King, it falls very short of what is Charged in the Article, that I should do it in the 9th Year of His Majesties Reign. If they can shew a Book of Rates raised the 9th, it may be said he hath raised the Book for his advantage, for then he had a quarter part of the Farm, and the King hath ⅝ parts to himself; and these things have been tumbled and tossed over and over again, and fully an∣swered in another place, and I shall be well able to answer it still, that the King hath had as great a Service done in this particular, as may be in this matter. But that is not the question of the day. I am Charged with raising a Book of Rates in the 9th Year of the King, and if there be any such Book, it is more than I ever saw, I know of none but that which was setled in my Lord of Portland's time, before I had any Interest in the Farm, which I think will go far to my clearing in this Point.

Whether these Rates be indifferently set or no, is a business for Merchants, and matter of Proof, and if it should be Charged on me as a Crime, I hope your Lordships will allow me time to examine Witnes∣ses, and likewise Council. But I conceive it can be no way conducing to me as a Crime, and as a Treason I think your Lordships Judgments will clear me, and that's my Answer as to the Book of Rates, and I think a clear one.

For the values, your Lordships may be pleased to consider, that it may be a loss to the Farmer, and consequently to the King, who hath five parts of eight. But it can be a Crime to no body, and I hope your Lordships will give time to prove the point of value.

Your Lordships may suppose I know not the price of Hides, and Wooll and Tallow, being out of my Calling; but their worth will appear to be such, that the Duty is but taken according to the Articles of Tunnage and Poundage, that give this Duty to the Crown. For Tunnage and Poun∣dage in Ireland is of another kind than in England, for here it is given Temporally, but it is an Inheritance to the Crown in Ireland, being 15 H. 4. given to the King and his Heirs; and producing the Book of Rates, his Lordship said, That nothing is taken but what is justly due by that Book. And if Merchants (who speak for their own advantage) be rested on for the price of things, the Customs will be little. But this Book of Rates was set by the Lord Treasurer that then was, and justly and fairly I think, and accordingly Customs have been taken; and when it shall be laid to my Charge in a proper way, I shall give such satisfaction, as to clear my self of the least Fraud or Deceipt to my Master, and in the mean time I know your Lordships are so just, as not to prejudice me in this matter.

I will now shew how I came into the business of Farming the Customs, not voluntarily, or upon my Suit, nor did I ever intend it, but was com∣manded and enforced to it, and came in meerly for the doing of the King a Service; and if it prove a Bargain of advantage, I never knew the making of a good Bargain turned on a man as Treason. It was justly, fairly, and honestly procured, and prove it never so beneficial, that can never make it a Crime.

His Majesty hath been from time to time acquainted with the increase of this business most exactly and truly, it rising indeed beyond all imagina∣tion; the Customs, when we entred on them, being but 12000 l. per annum, and now your Lordships see what is proved, and may judge with what truth they inform, in the Remonstrance, out of Ireland, that Trade is decayed.

On their own shewing, by the Testimony of my Lord Renula, and others, it appears, that when they were Farmers, there was 6000 l. paid to the King, and a Devident of the other moity, which came to 3700 l. So the whole value of the Customs was then 13400 l.

His Lordship desired that my Lord Cottington might be asked a few Questions.

Lord Cottington being asked, Whether in the Seventh year of the King * 4.16 there was not a Bargain concluded by the late Lord Treasurer, the Earl of Portland, with Captain Williams, Captain Henshawe, and others, for the Customs of Ireland, paying 15500 l. Rent, and 8000 l. Fine.

His Lordship Answered, That he conceives my Lord of Portland rested satisfied, that he had made that Bargain for the Rent and Fine, and that he so understood it, as to acquaint His Majesty with it, and understood it to be a very good Bargain.

Being asked, Whether did not Williams afterwards relinquish the Bargain.

His Lordship Answered, That he well remembers he did refuse it, and he thinks he refused it, because Henshawe was the chief man in it, and he died, and thereupon Williams flew off. And that my Lord of Portland

was very much troubled, because Williams, and the rest fell off, as he remembers.

Being asked, Whether after they had given it over, any body would give so much as they offered.

He Answered, He thinks there was no body that came near it, at least he never heard so.

Being asked, Whether after it was so left, it was not undertaken by Sir Arthur Ingram, and his Partners, on the very tearms that Williams re∣fused it, paying only 100 l. a year more Rent.

He Answerd, It is very true, Sir Arthur Ingram, and divers Partners, by his procurement, paid 100 l. more Rent, and, as he takes it, the same Fine, but for a quicker time; for the first men were to have time, and Sir Arthur Ingram was to pay it all in ready money.

My Lord of Strafford here added, That Henshawe, and the rest, having given over the Bargain, himself went to my Lord at Rohampton, and * 4.17 found that these other Partners that had it afterwards, would undertake the Farm, if he the Earl of Strafford would be a Partner with them, which was a thing he never intended, but refused.

Therefore on his Lordships Motion

Lord Cottington was further asked, Whether being moved by my Lord of Portland to come into the Farm, he the Earl of Strafford did abso∣lutely * 4.18 tell my Lord of Portland, that he would not meddle therewith, not knowing how it would be interpreted; that he being the King's Deputy should be a Farmer.

His Lordship Answered, That he well remembers my Lord of Portland did conceive that to draw in these later Farmers; it was very necessary, and all the Succor they had to have my Lord of Strafford a Partner in it; because they conceived they should thrive in the Bargain, if he, having so great a Power, were a Partner; so it lay on my Lord of Portland to per∣swade him to yield to it; and my Lord of Portland told him, That if my Lord of Strafford would do the King that Service, he should not lose by it. And though my Lord of Strafford was unwilling to come in for a part, yet at last he did, and his coming in, drew in the rest, as he the Lord Cottington thinks. And further, that my Lord Portland told the King of it, and prepared the King to command him for the making of the Bargain, depending on his taking of a part.

My Lord of Strafford here observed, That he humbly conceived the Goodness and Grace of the King, and the love of my Lord of Portland, * 4.19 was such at that time, that they would not have brought him into a business that should be laid to his Charge as Treason.

Lord Cottington being, on Mr. Maynard's motion, asked about the time, whether it was 7 Car. * 4.20

His Lordship Answered, That he must refer himself to the Grant, for the Lease my Lord of Strafford shewed did follow immediately after.

Sir Arthur Ingram being, on my Lord of Strafford's Motion, Examined to divers of the Points before proposed to the Lord Cottington. * 4.21

He Answered, He conceives there was a Bargain made by my Lord Treasurer and my Lord Cottington, with Williams and Henshawe for 15500 l. a year, and, as he conceives, 8000 l. Fine, and this was under their hands in Writing, as he heard.

That he knew nothing that my Lord of Strafford was to be a Partner, or to have any Interest in it.

That he conceives Williams did clearly refuse it after Henshawes death, what other Reasons he had he knows not; That he cannot tell, nor doth remember, that my Lord of Strafford used means to perswade Williams to stand to that Bargain; but certainly Williams was perswaded much by my Lord of Portland.

Being asked, Whether it was so left by Williams, did not he and his Partners undertake the Farm?

He Answered, That he was several times offered to come into that Farm, and from time to time refused it: That Williams pressed him exceeding much, and others before him; and he was moved to it by one Cogan, but refused it.

That the truth is, his Son Arthur Ingram was Partner in it, and there came in my Lord Mountnorris, Sir George Ratcliffe, and one Cogan, that they laboured much he should take the Farm, and he had much ado to be brought in.

Being asked, Whether these came in upon the same Tearms offered to Williams.

He Answered, It will appear on the Warrant to the then Attorney, Sir Robert Heath, that they paid 15500 l. Rent, and 8000 l. Fine; and whereas the Officer should have paid it at six and six months, these were to pay ready money.

Being asked, Whether he had moved my Lord of Strafford to be a Partner in it.

He Answered, That he doth not remember he ever said so, but it might much encourage him to come in, if my Lord of Strafford were a Partner. But he the Examinant had no such great cause to desire it, for he was not in three years, but his Son was put out again; when it came to matter of profit they were gone.

To this my Lord of Strafford, did by the way, Answer in substance, That His Majesty gave Consideration for it, and had the benefit * 4.22 himself.

And so, I hope, I have cleared how I came into the Bargain, and that I cannot be Charged with procuring the Book of Rates, it being Printed 10. March, and my Lease began 21 April after, and that the Right being in the Crown, your Lordships will not conclude it, till you have heard it for the King, it being his loss in ⅝ parts, which was intirely His.

And whereas I am Charged with raising the Book of Rates (though done before my time) yet I was taught here in England that they might have been raised to a much higher Rate than they were, and to that pur∣pose there came a Letter from His Majesty, whereby in 1637. a Proposi∣tion was made of raising the Rates, the Book being conceived not to be so high as it ought to be.

His Majesties Letter was read, Mr. Slingsby affirming it to be a true Copy, and that he saw it compared with the Original. Imparting, That His Majesty finding the Impositions set, on Merchandize of all Ports, to be well accepted, and to have ready and free passage, had Resolved, That such

Impositions be laid in Ireland as be fit for that Kingdom, and to that end had caused a Book to be drawn, with fit Considerations of the difference of Trade in both Kingdoms, which was sent to my Lord of Strafford, to advise of the Particulars, who, if he found that any may bear a greater proportion, he may add what he will; if he find any over-rated, he may deliver his Reasons to be considered, and Regulated by His Majesties Com∣mittee here, Dated the 10th of Iuly, 1633.

My Lord of Strafford observed, That at the date of this Letter, he * 4.23 had an Interest in ¼ part of the Farm, and desired that my Lord Dillon might be asked, how my Lord of Strafford carried himself in it.

Lord Robert Dillon being asked, Whether my Lord of Strafford did not join with the Council to disswade it. * 4.24

He Answered, That he was at the Board when the Original of this Let∣ter was read, as he takes it, for there was brought with it a Book of Rates, that he remembers not the particular words of my Lord of Strafford; but he is sure, by the whole Board, the entertainment of those Rates was dis-advised. And it was Resolved a Letter should be written to dis-advise it; but he remembers not when the Letter was written.

Whence it may be observed, That I was not very tender of my own * 4.25 profit, which laid to the other, I hope, will clear me of this Article, where∣in there is nothing of Treason; and nothing can be imputed to me, unless that the Kingdom of Ireland is under the King's blessed Government, an in∣creased and growing Kingdom, and the Trade enlarged to such a propor∣tion as makes the Customs of far more value than they were heretofore, should be turned on me as a Crime. And as for Treason, your Lordships see no Complexion towards so foul a Crime, and for all things that may reflect on me as Misdemeanors, in due time and place, I trust, I shall clear my self from that as well as I do from this Charge of High-Treason.

Mr. Maynard Replyed thereunto in substance as followeth:

That whereas my Lord of Strafford says, That to prove the matter of profit to himself, of loss to His Majesty, is impertinent: They Charge, * 4.26 that what he did was for his own Lucre. He Answers, That what he did was for His Majesties Profit. Therefore whether it be for his Lucre or not, is in issue, and that they have proved; and that which he puts in issue is not to the purpose, nor proved.

Whereas, he says, This Article is not Treason, yet look to the whole body of the Charge, his taking away the Property of the Subjects, his inducing this by subtilty, by force or advice, to bring it to pass, if these be proved, their Lordships will be of Opinion with the House of Com∣mons, That it is a high and a great Treason. Therefore let him not say this or that piece is not Treason, let him Answer it if he can, That the subverting of the Fundamental Laws be not great a Treason.

My Lord takes advantage, that the Patent to the Dutchess concerns not him, for it is granted in March, and his 21. April following; but if the Times be observed, it will answer it self, for the 10th of March, 7 Car. the Rates are raised, 21. March my Lord of Carlisles Patent is surrendred, 24. March, the Dutchess Patent dated, and 21. April 8 Car. some 30 days

after my Lord of Strafford's Lease is passed. If this had been intended for the Dutchess, she would have kept it, but she keeps it not to pay a days Rent, or receive any profit.

But this will intrench on my Lord of Strafford's Answer, on the ingenuity of which he stands so much, for he says, There were Propositions to raise these Rates, and he was acquainted and intreated to go on, and thereupon he enters into the Bargain: We desire your Lordships to mark the time, that if there were these Propositions to raise the Rates, and this Lease must be drawn on the raising of the Rates; then was he interressed in the raising of the Rates, before he was interressed in the Lease. And then there is the Execution of a Design carried in several hands, which tend to one purpose, for he enters into it the seventh year, and his own Lease is the eighth; and therefore it was on his own Design and Counsel, and for his own Profit.

My Lord instanceth, That the Article lays the Book of Rates to be raised 9. whereas this was done 7. Mr. Maynard observed, Time is not material; had they charged him to have made a Book of Rates such a Date, it had been something. But if an Offence be laid in one year, and it appears to be done in another year, he must be punished for that now which he did at any time.

To the Tunnage and Poundage, being the Inheritance of the King, it is so in Ireland; but the Point is the Oppression of the Subject, when he makes that three which is but one; and so instead of giving the King his due, to extort from the Subject what he ought not to pay.

If he says, Proofs could not be had to prove a greater value of the Com∣modities, he had time to produce a Witness out of all Ireland. The Commons have produced them that speak of the highest value, and there is great difference between three, four, five, the highest is six, and twenty.

What occasioned Williams to Relinquish the Bargain is not material: But in what Case is the Subject of Ireland, that when a Bargain is to be set at the highest, he that is to be their Governor and Judge, to whom all Appeals must be made, shall enter and put in his Authority to make a Bargain that none else would take. The Subject is like to have good Justice, when the Judge must lose by the Judgment he gives in the Cause; when the Deputy of Ireland must be both Judge and Party.

It is said Williams first entertained it, and left it; but though my Lord be not the first that Projected it, he is the man that first put it in Execu∣tion, the first that took it under the Great Seal, and first brought it to be a Grievance to the Subject, and that he is Charged withall. It might be fit for Goldsmiths, and such to prosecute it, but not for them that are imployed in Administration of Justice, and in great designs to follow such a Design.

But when Profit comes roundly in, Sir Arthur Ingram must be put out, and for 11 years have half a years value.

Mr. Maynard added, That my Lord of Strafford, in his Answer, gives it as a Justification of himself, that he did not hold it fit to take such a Bargain from the King, wherein there was not 1000 l. to be got.

But though he thought it not fit to take when he could get but 1000 l. yet he held it fit to take such a Bargain from the King, where, in holding it eight years, he gets 30000 l. He thrusts out Sir Arthur, and why not himself. And there is no wonder, that he that gained so much, would seem to Interest His Majesty in part, that his share might remain

more intire; surely it was the more injustice in him to retain the Bargain, when he had stept into it.

For the Letter of Iuly, 1637. there was a Proposition, shewing His Majesties Care for His Subjects in Ireland what to inhance, no, to inhance if there were Cause. My Lord pretends he was loath to make an Inhance∣ment, but that was the Opinion of the Board: It is to be wondred that he took them not down rather.

And so he concluded, That they had proved the Charge; that he hath procured the Customs to be advanced, they were not advanced till he en∣tred. And their Lordships were desired not to let one thing pass without Observation. That from 7 Car. to this time such gain hath been made, that there is come to his purse and his Parteners 300000 l. if the Depositi∣ons be to be credited, and it must be four more, if the succeeding years hold proportion. That here is not only an Inhancement of Rates on the Subject, by way of Extortion, but this is soaked out of the Kings Purse. That is the 1400 l. a year Rent for the Wines, the Surplusage of the Wines, the Defaulcation of Colerane, London-Derry, Knock fergus, and Strangford. And besides their Lordships may observe the Clause in the Patent; the Grant must be good, though there be an Act of Parliament against it, and the King must pay for His own prize Goods, which is left unto their Lordships Judgments.

The Committe did now declare, That for the present they would lay aside the Eleventh Article, and proceed to the Twelfth.

[article 12]

THE Twelfth Article. The Charge.

12. THat the said Earl being Lord Deputy of Ireland, on the * 4.27 Ninth day of January, in the Thirteenth year of His now Majesties Reign, did then, under colour to Regulace the Impor∣tation of Tobacco into the said Realm of Ireland, Issue a Procla∣mation in His Majesties Name, Prohibiting the Importation of Tobacco without Licence of him and the Council, there from and after the First day of May, Anno Dom. 1638. after which Restraint, the said Earl, notwithstanding the said Restraint, caused divers great quantities of Tobacco to be Imported to his own use, and fraughted diverse Ships with Tobacco, which he Imported to his own use: and that if any Ship brought Tobacco into any Port there, the said Earl and his Agents used to buy the same to his own use, at their own Price; and if that the owners refused to let him have the same at under-values, then they were not permitted to Uent the same there: By which undue means the said Earl having gotten the whole Crade of Tobacco into his own hands, he sold it at great and excessive prizes, such as he list to impose for his own Profit.

And the more to assure the said Monopoly of Tobacco, he the said Earl, on the Three and twentieth day of February, in the Thir∣teenth year aforesaid, did Issue another Proclamation, Command∣ing, That none should put to Sale any Tobacco by Whole-sale, from and after the last day of May, then next following, but what should be made up into Rolls, and the same Sealed with two Seales, by himself appointed, one at each end of the Roll. And, such as was not Sealed, to be seized, appointing Sir pence the Pound for a Reward to such persons as should seize the same: and the Persons in whose custody the Unsealed Tobacco should be found, to be committed to Goale, which last Proclamation was Coloured by a Pretence, for the restraining of the Sale of unwhol∣some Tobacco, but it was truely to advance the said Monopoly.

Which Proclamation the said Earl did rigorously put in Execu∣tion, by Seizing the Goods, Fining, Imprisoning, Whipping, and putting the Offenders against the same Proclamation on the Pillory, as Namely, Barnaby Hubbard, Edward Cavena, John Tumen, and diverse others: and made the Officers of State, and Iustices of Peace, and other Officers, to serve him in the Compassing, and executing these unjust and undue Courses; by which Cruel∣ties, and Unjust Monopolies the said Earl raised 100000 l. per Annum Gain to himself. And yet the said Earl, though he Enhaun∣ced the Customes, where it concerned the Merchants in general, yet drew down the Impost formerly taken on Tobacco from Sir pence the Pound to Three pence the Pound, it being for his own Profit so to do.

And the said Earl, by the same, and other Rigorous and Undue Means, raised several other Monopolies, and Unlawful Exaui∣ons for his own Gain, viz. on Search, Iron-pots, Glasses, Tobacco-pipes, and several other Commodities.

Mr. Maynard did begin to open the 12th Article, which was Read.

THat he did Impost Tobacco himself, * 4.28 and restrained others: forced the Subjects to sell their Commo∣dity at Low and Under-values, because they could not Import it without his Licence; and when himself had Bought it at Low Rates, he Sould it at Excessive great Rates; so that he hath made near 100000 l. Profit by his Monopoly.

That when his Proclamation is made, and Oppression put up∣on the People, he doth the 23^d of Feb. 13 Car. Ordain, That none should Sell Tobacco within the Kingdom, but such as was Sealed by his Appointment; and, they that Sold otherwise, their Goods should be Sold.

That, by occasion hereof, the Kings Subjects have been grievously pu∣nish'd by Fining, Imprisoning, Pilloring, Whipping, and the like.

To prove the Restraint, the Proclamation on the 9^th of Ianuary, the 13^th Car. was first Read.

By the Lord-Deputy and Council. A PROCLAMATION concerning the Importing of TOBACCO.

By which Proclamation, is set forth in Substance as followeth.

THat whereas unsound Tobacco is brought in, &c. by the Unlimited Li∣berty * 5.1 of divers to Import, &c. and being no Usual Commodity, &c. a strict Charge is given, That none presume from the First of May next, to Im∣port any Tobacco without Special Licence from Us, on pain of incurring His Majesties high displeasure, and the Punishments due for such Con∣tempts.

The Proclamation concerning Sealing of Tobacco was next Read, the 23^d of Feb. 13 Car.

By the Deputy and Council.

Wherein,

THe former Proclamation is Recited: And, to prevent Secret Wayes of * 6.1 Importation, a Charge is given from the last of May next, no Tobac∣co be put to Whole-sale, unless it be in compleat Rolls, which may be convenient∣ly

Seal'd, and to be Sold with two Seales, one to be affixed at each end, which Seal order is taken to be provided for that purpose. That what Tobacco shall be found without those Seales, the Kings Officers may search for, and seize, and convey to the next Port, which Course shall be taken, that every Seizor shall have 6^d. for every Pound, as an Encouragement; and, that the Officers shall commit the Persons of such in whose hands such Tobacco shall be found, till Security shall be given to appear before the Deputy and Council, and not to de∣part without Leave, &c.

Mr. Maynard observed, That Iohn Carpenter, &c. * 6.2 who are imployed in this business, are all Servants to my Lord of Strafford, but Little, who is Sir George Rat∣cliff's Servant, who did accordingly make Seizure.

And he farther observed, That my Lord of Strafford had several Maga∣zines of Tobacco, and that, from time to time brought in, was bestowed there. And, on the First Day of his Defence, my Lord of Strafford said, 40000 l. of his Tobacco was Seized.

To Prove the Execution of these Proclamations.

Timothy Crosby Sworn, and Asked, Whether Ships have not been * 6.3 Prohibited to Land their Tobacco?

He Answered, Yes: Since the 11^th of November, 1637. and he In∣stanced in Governour Briskett of Montserratt, Mr. Arundel.

Being Asked, If any Ship Perish'd upon the Restraint?

He Answer'd, The Iohn of Kingsale: It came into Lymerick, and be∣ing not there suffered to Sell, was forced to Galloway, and was cast away going into another Harbour: And this, because She was not one of the Magazine.

Being Asked, What Rates the Merchants sold their Tobacco for before this Restraint, and what since?

He Answered, Before the Restraint, for 6^d, or 7^d the Pound: and other times for 14^d, and 16^d on Shipboard; and since, some at 9^d a Pound, and others at 6^d Ob.

Being Asked, Why the Ships were not permitted to Land?

He Answered, Because they would not pay 2 Shillings a Pound, 18^d Custom, and 6^d Impost.

Whence Mr. Maynard Observed; That if they come for the Use of my * 6.4 Lord of Strafford, and his Party, they must pay 3^d; if for others, 18^d, and Impost.

Patrick Allen Sworn: Being Asked to the matter of Restraint. * 6.5

He Answered, That a Ship of 80 Tun was not admitted to Land at

Yoghall, but forced to carry her Lading of Tobacco to St. Mallis in France, where he believes it is.

That a Proclamation was out in 1638, That no Merchant should Land any Tobacco without special Licence of the Patentees.

That before the Proclamation he bought Tobacco for 6^d and 7^d, a Pound, a great Quantity, of one of Dartmouth: and since they pay 2 Shillings, 7 Groats, 8 Groats, and 3 Shillings. That the Pa∣tentees pay the Merchant 6^d or 7^d a Pound, which is the most he hath heard of.

Iohn Welsh Sworn, and Interrogated to the same matter. * 6.6

Answered;

It was not granted, they sold as much as would pay for their Provisi∣ons, for which they had 6^d a Pound; but would not give way to Land any more of it.

That one Arundell of Excester put into Waterford, and he the Depo∣nent was in Company with him to Dublin; and desired, that if the said Arundell could get off his Tobacco, he would sell it him the Deponent, who would give him 2 Shillings a Pound for it: That he could not get it off, and sold it to Ioseph Carpenter for 6^d a Pound. That he paid for some Landed at Waterford by one Wells, 16^d a Pound ready Money. That the Patentees do usually buy at 6^d, Only there was a Bargain made with one Arun∣dell, to take it at 8^d, or 9^d; but, how far they went he knows not. That one White of Waterford put into Lymerick, and told him the Deponent, That he got but 4^d a Pound for his Tobacco.

Being Asked, What Quantities he conceives is brought in Annually?

He Answered, That he hath Estimated it with advice of others, that Ireland cannot consume less then 500 Tun a year; Others say, It doth far exceed: and 500 Tun is near 140000 l. at 2 s. 6^d a Pound.

Being Asked, Whether he knew any Sentenced on these Preten∣ces?

He Answered, He saw Patrick Wells, Merchant, of Waterford, stand on the Pillory for having Unsealed Tobacco, and exposing it to Sale. Richard Whitwick for the like offence Pillory'd at Water∣ford. That he hath heard of diverse others. And, he thinks the Book of Censures is here under the hand of the Farmers Sollicitor, and sent to the Committee out of Ireland by a Messenger Express.

Patrick Gough being required to Answer truely, Whether the Book * 6.7 produced, containing an Abstract of the Sentences made in the Castle-Cham∣ber, was delivered him by the Committee in Ireland?

He Answers, That he believes it was among other things delivered him by the House of Commons, to be brought to the Committee, Sealed up in a Box.

But the Committee not thinking fit to offer the Book in Evidence.

Patrick Gough was examined, whether he heard of any Sentenced in * 6.8 the Proclamations for Tobacco?

He answered, He knew divers, and there were three or fourscore from time to time attending in the Council-Chamber, committed to the Marshalsey, and prosecuted by Hunt; and these were, (as he remembers) in Easter Term last. And Michaelmas Term before, and every year for three years past: That he hath heard of 60 at a time committed, and they were sentenced for having To∣bacco unsealed.

Being asked on my Lord of Strafford's motion, whether my Lord of * 6.9 Strafford was a Partie to them?

He answered, That as he remembers, in Michaelmas Term last was 12 moneths, there were three Waterford men sentenced, where∣of one was for 9 l. of Tobacco.

One of them Fined 100 l. and loss of his Office, being Waiter. The other 100 l. and the Merchant 100 l. and both committed, and their Fines reduced after to 20 l. That they were fined before the Council, at the Council-Table; and as he remembred, my Lord of Strafford was then there.

Mr. Maynard did then produce a Sentence, under my Lord of * 6.10 Strafford's hand (as he himself conceived it to be) wherein di∣vers persons were sentenced.

Mr. Glyn desired a proof concerning the value, for which a witness * 6.11 should have attended, but is withdrawn; but the Remonstrance of Ireland speaks particularly to it.

That the value of it, exceeds all the Kings certain and uncertain Reve∣nue in the Kingdom of Ireland.

Mr. Plunkett being sworn, being examined touching the truth of * 6.12 the Copy. Answered, That he had the Copy from the Clerk himself being a Member of the House. That he hath looked on the Arti∣cle of Tobacco, and as it is in substance with that which was voted.

My Lord of Strafford desired he might be asked what proofs were there * 6.13 offered.

But Mr. Glyn opposed that, hoping there was no question to be made of the proof of a thing that was done by all the Commons of Ireland, to * 6.14 whom perhaps, their own knowledge is the proof.

The Remonstrance read as to the 6^th Article.

That the Tobacco bought at low rate, is sold at excessive rates, whereby thousands of His Majesties Subjects are destroyed, and most part of the Coine of this Kingdom ingrossed into particular hands; insomuch, that the Profits arising thereby, surmount His

Majesties Revenue, certain or casual within this Kingdom, and yet His Majesty receives very little profit by the same.

Timothy Crosby being interrogated how much Tobacco comes into the Port of Kinsale for three years last past. * 6.15

He answered, 60 Tunn in three years.

Whence Mr. Maynard observed, if one Port brings in 200 Tunn, the rest will go to a great height. * 6.16

Being questioned what the Patentees give, and what they require for such as is refuse Tobacco upon the sorting of it.

He answered, that for the refuse, the Owners had not above 1 d. and the Patentees sold none of that under 2 s.

And so Mr. Maynard closed this Article, observing that they have pro∣ved the Restraint and the Execution of it. That it is turned into a Mo∣nopoly; * 6.17 That none must be imported without their Licence; That they buy what is brought in at low rates, at 6 d. a pound, when others will give 2 s. That 4 s. 8 d. or 9 d. is the highest they give, so that they sell for three or four times the value of what they pay: That by an estimate, 500 Tunn is imported: That punishments are inflicted; The Kings free Subjects Whip'd, Pilloryed, Fined; And so my Lord of Strafford's An∣swer was expected.

After a little Respit his Lordship made his defence to this Article, in Substance as followeth.

That he conceives he hath very little crime to answer, as to this Charge, especially as unto Treason.

That he wisheth with all his heart he had so much profit to answer for, as is pretended that he gained by this business.

His Lordship presented in the first place a Petition presented by the Commons House of Parliament in Ireland; in the Parliament preceeding this, wherein they desired, that this Lease of the Impost of Tobacco might be taken in, and compounded for, and converted to the Kings benefit: That the Revenue might be able to bear the Charge, and the Subjects eas∣ed from demand of Contribution, and supply for this purpose; so that this was originally ordained by themselves, on their own Petition, to be setled as a Revenue of the Crown.

The Petition being affirmed by Mr Gibson, to be a true Copy, being * 6.18 examined by him before Sir Paul Davis in Ireland, was read as to that point, and it imports.

Lastly, They do humbly advise, that the six Subsidies, chearfully grant∣ed in this Parliament, may be imployed for the buying of the Leases and Farms, that the same may be able to supply the necessary charge of this Kingdom in the first place. And in the second place, to satisfie and discharge the Debts and Incumbrances aforesaid, as in manner aforesaid, and for the other not included. The House would not enter into Consi∣deration thereof, but are confident, that when others justly due, shall ap∣pear,

your Lordships will take a course that shall stand with your Honor and Profit.

My Lord of Strafford offered a Witness to prove, that the Tobacco is one of the things that goes under the name of Leases.

Mr. Slingsby being examined to that point.

Answered, That he was a Member of the House of Commons the first * 6.19 Parliament, and Debate was offered, how the Kings Revenue might be supplied, to maintain the Charge; several Grants and Leases, applyed to particular men, were thought fit to be brought in, to be applyed to the Kings advantage there; there was the Custom, Wine, and Aquavitae Licenses; there was Tobacco, and in the Kingdom.

My Lord of Strafford desired liberty to reserve Sir Adam Loftus, whom * 6.20 he conceived a material Witness for him, but was now absent.

Lord Robert Dillon being asked whether he was of the Parliament House * 6.21 when these Leases were advised to be brought in, and whether the Lease of Tobacco was not one that was advised to be brought in, and applyed to the Crown; and that part of the Subsidies should be imployed to that end.

His Lordship answered, That he did serve in the House of Commons that Parliament, that they were upon the Kings Revenue, and they wish∣ed that the Charge might be answered by the coming in of the Rents. He remembers, that on debate in the House, a Committee was appointed to consider of the disposing of part of the Kings Revenue, to take off the Incumbrances then of His Majesties Revenue, to the end, the Rent of His Ma∣jesty being raised, they might be able to answer the ordinary and standing charge of the Kingdom, and so divers things were to be brought in; but for the very particular of Tobacco, he doth not remember, it by name though he remembers Wine and Aquavitae, and the Incumbrances on the Customs.

My Lord of Strafford in the second place, shews the Grant of the Impo∣sition * 6.22 on Tobacco, as they were Lett Iune 13. Iac. and at that time were Lett for 10 l. a year Rent.

Which being attested by Mr. Gibson to be a true Copy, and to be by him examined at the Rolls in Ireland, was read, as to this point pur∣porting, * 6.23

That the King appoints, That from the Date thereof, there shall be re∣ceived by way of Imposition Money 18 d. currant, upon every pound of Tobacco, which is demised to William Massam and Iohn Pitt for 7 years, under the yearly Rent of 10 l. Dat. 6 Iune, 13 Iac.

Next he offered a Lease of the said Impositions to Mr. Lyne for 21 years, at 20 l. per ann. Dat. 8 Feb. 19 Iac.

But Mr. Maynard admitting it, the reading thereof was forborn. * 6.24

Next, He offers the Kings Letter 18 Iuly, 12 Car. whereby His Majesty directs the setling of this business, and is a warrant for issuing of the Pro∣clamation wherewith he is charged.

Which being affirmed by Mr. Gibson to be a true Copy, was read, whereby is imported. * 6.25

That His Majesty being given to understand, that the pre-emption of Tobacco may be rightly assumed, had resolved to lay hold of the present opportunity, requiring my Lord of Strafford to advise with such of the Council there, as he should think fit, or by what Limitations and Conditi∣ons the pre-emption may be setled; and afterwards, to direct a course for licencing the sale thereof, to the best improvement.

Yet so as a care may be had as near as may be, to prevent the bringing in of unfound Tobacco, leaving to his judgement, all necessary provisions to be determined about this business, Dat. 18 Iuly 12 Car.

My Lord of Strafford observed, that this Letter was sent upon the like course taken here in England, it being thought fit to be alike in both King∣doms; but the business of England preceeded it, and was the occasion of the Letter.

The next thing observed was the Proclamation in England, to probi∣bit the planting of Tobacco in England and Wales, and the landing of To∣bacco in any part of England or Ireland, but only at London, other than such, and so much Spanish Tobacco, and Plantation Tobacco, as should be allowed and determined to be competent, upon pain of Confiscation: A Moyety to the King, a Moyety to the Discoverer.

Which was read, being dated 14 Mar. 13 Car.

Which my Lord of Strafford observed to be the same with that where∣with himself is charged; and that the Letter directing him to take this bu∣siness into Consideration, bears date Iuly 12. Car. and the first Proclamati∣on issued out ult, Ian. 13 Car. So that he made no haste.

The next thing his Lordship offered, was the Contract it self, Dat. 7 Nov. 13. Car. which being affirmed by Mr. Gibson, to be a true Copy, was read, being Signed by the Deputy and Council, and Imports

That Carpenter, Bartholomew Peatly and others had made an humble Proposition, thereby setting forth, That no Order hath been taken for the due bringing in of good and sufficient Tobacco, or quantities pro∣portionable to the Consumption thereof, whereby the price is too much inhaunced, or the Market glutted, and desiring that they may have the Renting of the Tobacco business for 11 years, paying yearly 5000 l. For the first five years, 10000 l. for the six last years freed from Custom, and only paying 3 d. Impost, and the Custom not to be advanced; that, they, and such as they shall contract with, may be free to return, and en∣ter in London or Ireland: That in case of War, they may account only for the Profits, in lieu of the Rent.

That upon my Lord of Strafford's leaving the Government, they may be free to surrender their Grant, and not stand charged.

That Tobacco may be solely imported, and the sale licensed by them.

That no Tobacco be planted in Ireland, during the Term.

Whereupon, a Warrant was issued for the paying of a Grant to them of the sole Importation, and Lycensing the sale of Tobacco for 11 years, paying 5000 l. yearly for the first five years, 10000 l. for the last six years, above the custom of 3 d. per pound, with all the Customes received for His Majesty since Michaelmas last, and all Impositions to be laid down du∣ring that term, &c. Dat, 7 Nov. 1637.

And such security to be given for the Rents, as to the Court of Ex∣chequer should be thought meet

Where my Lord of Strafford observed, that he did nothing herein, with∣out the assistance of the Principal of the Council there.

And further, That before this was resolved, advertisement was sent His Majesty, that His direction might be given, and the Letter from the Coun∣cil of Ireland, to Secretary Cook, being affirmed by Mr. Gibson, to be a true Copy, was read, importing the substance of the said Treaty, and the conditions thereof recited, Dat. ult. May, 1638.

The next thing offered is the Grant it self, Dat. 22. Iune, 14 Car. And an Act of Parliament for the confirmation of it, according to the Petition and the King's Letter.

The Clerk of the Crown did now inform their Lordships, That there is a Bill concerning Importation of Tobacco, transmitted out of Ireland in Iuly last, and it was sent back at Michaelmas last, with a Commission to the Lieutenant, to give Royal Assent, but whe∣ther it was given or no, he cannot tell.

But my Lord of Strafford, said, it was only transmitted from the Depu∣ty and Council, and sent back under the Great Seal, but did not pass the Parliament there; and he desired it might be read only as to the Title: But that was laid aside.

And then his Lordship added, That as for the Proclamation, he with the rest of the Council, did set his Hand thereunto; and that he concei∣ved then, and trusts it will appear now to be upon very good Warrant, and justifiable; he having the Kings Command in the point, and it being only Temporary, till an Act of Parliament might make final in it, that it might remain in the Crown for after-times, and a Proclamation thus issued till an Act of Parliament comes, he conceives very Justifiable; if it be an Error, it is an Error he hath been always misguided by. That the King may make a Proclamation till a Parliament comes to make it more lasting.

And whereas some Transgressors against these Proclamations, are Sen∣tenced, yet he is charged with none of them, and so on the matter is not charged with their Sentence; though he conceives the same very justifia∣ble, there appearing to be Perjury in some of them; and if they be poor, and men of no great fortunes, he knows not what is more proper or de∣served, than to see men taken in so foul a Crime, on the Pillory, as being a fair and moderate punishment; and the Fines were in Terrorem, there being little or nothing of them paid. And this point of Jurisdiction for punish∣ing Transgressors of Act of State and Proclamations, he conceives fully pro∣ved before in the former Articles.

And whereas 'tis said; the Tobacco was not sold at reasonable Rates as formerly, he desired their Lordships to observe, that the Contract was made 22 Iune, 14 Car. and in September was Twelve moneths, he was not privy to it.

And on this the Contractors stand on their Justification, and hope to make it appear, if they may have time, that the Planters have in no part of Christendom, so good a value as here; and that they sell at as mode∣rate rates, as ever was sold heretofore, and better conditioned Commo∣••ty.

His Lordship further observed, That the proof which makes the great Cry in point of value, is weak enough.

That there should be near 100000 l. profit a year, is a wonderful esti∣mate, and admirable to him. That during his being there, which was one year, it shall appear they were loosers by it; which he speaks confidently, think∣ing those intrusted with it, would not abuse him; they having protested, the Countrey was so abused, that they could get very little by their Office.

That how it is sincehe knows not, for the Contractors, one of them is laid up in prison, and the Tobacco seized on, under pretence that he is impeached of Treason; But they profess (and he believeth them) That when Sir George Ratcliffe came out of Ireland, they had received in Money 80000 l. and they had layed forth in Rent, buying Tobacco, Stock, and Charges, 86000 l. so that they had not in their Money by 60000 l. And Sir George Ratcliffe (who is now in Town, and though his misfortunes are heavy and sad e∣nough, yet is known to be a person of Honesty and Worth) he dares say, will take his oath on it, and they that know him, know he would not take a false oath, to gain all the world; That there be indeed some debts which are not gathered, and some collected, and paid into the Exchequer: and this he said, is to the value of the bargain; and where he hears the Gentle∣man say, the Customs have been worth to him and his Partners 300000 l. Surely the Informations have been much mistaken from them that gave the notice out of Ireland; for it is to be understood, that whatsoever the Pro∣fits are, the Kings Rent must be taken out, which is 15500 l. of the rest the King hath ⅝ parts, and himself but ¼ part; so that on the matter, he thinks they have been worth to him, 4 or 5 or 6000 l. a year better than the Rent, though the value is not considerable in his Charge against him of Treason.

That their Lordships might see the Reasons why he could not prepare a particular Account of these things, His Majesty had had a particular Ac∣count, had not the Ministers been so dealt withal, laid in prison, and abu∣sed; If you will speak of a tyrannical and arbitrary way of Government (The Commons expressing some distaste at this Egression; my Lord of Strafford saith he complains of Ireland, not of things here) and desires leave to read two Orders of the Commons House, who have seized on all, given order for sale of them, taken the Contractors, imploy∣ed and imprisoned them, and he thereby rendred altogether unable to clear things, as otherwise he might have done; and these things they do, he knows not how, but to his undoing indeed.

Mr. Maynard did here interpose and desire to know, to what purpose he would have them read; and whereas he speaks of a Tyrannical usage, he desires to know whom he presses, whether the House of Commons there or here.

And Mr. Whitlock added, That my Lord of Strafford in his defence of the last Article, let fall some things that were an Aspersion on the whole state of Ireland, the Lords and Commons there Assembled; for he said, Their Lordships might perceive the truth of the Remonstrance, presented from thence on a former occasion, and now he speaks of a Tyrannical Govern∣ment, on his making of Orders, which himself mentions to be made by the House of Commons in Ireland. And therefore their Lordships were desi∣red to vindicate the Honor of the Kingdom of Ireland, which suffers by those aspersions.

Sir Iohn Clotworthy further insisted on it, That their Lordships are wit∣nesses of the many Commendations my Lord of Strafford hath formerly is∣sued, concerning the people of Ireland, as long as they were subservient to

his Courses, and could not find a way to extricate themselves from his Lord ships yoke, they were cryed up, to be numbred amongst the best of His Majesties Subjects. Now when they are seeking to vindicate and re∣lieve themselves from his heavy yoke, they must be called a people, he knows not how bad, and therefore beseeches their Lordships that they may be set right in their Lordships opinions.

The reading of the Order being opposed by the Committee, as tending nothing to the Cause; Mr. Maynard alleadging that my Lord would have them ready to give their Lordships satisfaction, why they should not be read, for he imports, they be tyrannical, and something he would deduce out of them, to the aspersion of others.

Whence my Lord of Strafford added only on the execution of them; And Mr. Maynard replyed, prove them on the Execution, they were at last permitted to be read.

One dated 27 Feb. 1640. importing,

THat whereas great sums of Money have been raised by Customs, a∣bove the Rent, and my Lord of Strafford, and Sir George Ratcliff are impeached of High Treason, therefore it is Ordered, That all persons that have Money of His Majesties in their hands, concerning the Monopo∣lies, shall forthwith bring the same into his Highness Receipt; and the Commissioners appointed to oversee the Ports, shall bring in their Letters Patents to be considered of; and because the Customs of Dublin amount to ⅝ of Ireland, and the now Collector is not responsible for his great charge, if he should miscarry; therefore Sir Edw. Bagshaw, Kt. now Custo∣mer and Collector, shall collect all the Customes, and pay the same into the Receipt. That the Magazine-keeper of Tobacco shall forthwith return a true List of all Tobacco remaining in his hands, and what was sold since Mi∣chaelmas 1637. and to what account, and what Moneys are received, and to whom the same is paid, and what Money, Bonds, Bills, and other Debts remain unpaid of the Premisses, and in whose hands they be; And that all Customers, and Officers in the Ports and Creeks, do deliver into this House within two moneths, a true List of all such seizures of Money, Tobacco, and other Commodities, that they, or any of them have made or compounded for, or what remains in their hands; and likewise all for∣feited Bonds for Goods transported into England, &c. and of all Fees they have received, and their Warrants, and a Note of all such persons as re∣ceive Fees, and are no Officers, and what Fees, &c. for seven years last past.

The Second Order was dated 3 Mar. 1640. importing in effect, That

FOrasmuch as much Tobacco lies in the Magazines, which is perished, It is Ordered, that certain persons in the Order named, shall make sale thereof to the best advantage; and the Contractors are required to make weekly Accounts of all the Moneys they shall receive, or which shall accrue out of the Tobacco by them sold, and deliver the Money to certain persons therein named, or any two of them, who are required to take the burden on them, and receive the Account weekly due, &c. and to be an∣swerable to His Majesty, &c.

My Lord of Strafford observed, that these he shewed, to justifie, that he could not give particular satisfaction, those imployed being in prison.

And further, that in the whole proceeding of this, he had done nothing but what's warrantable, and howsoever it proves a good or a bad bargain, that's not in question; for he never knew the goodness of a Bargain could make a Treason: If every one that makes a bad bargain with the King, should be a Traitor, it were hard, but at that time none would be a partner with them, among them all that say, it was so great a bargain.

That in fine, the worst of this can but be, that it is a Monopolie, a sole buying and selling of Tobacco; and he hath known in his little poor ex∣perience many Monopolies overthrown by sentence of the Commons House,; but under favour, never heard it to be judged Treason before this time.

For the Port of Kinsale, it is the Port wherein in a manner, all the Tobacco of the Kingdom comes to be Landed, and thence transported a∣gain; and that the value of the Tobacco is worth 100000 l. is but an esti∣mate, and no Consideration herein had of the price, the Customes, the Losses and Charges, and the Remonstrance of the Commons, is only that they conceive it to be so; And this is all the Testimony to the value.

And so his Lordship concluded his Defence. And Mr. Maynard made Reply in substance as followeth.

And First he observed, That whereas it was said, the Orders of the Commons House were Rigid, indeed Tyrannical, when they be heard, there's no such thing in them; they appoint two of my Lord of Strafford's Agents, at least one of them is his Agent, and the other Patentee to ac∣count the Money: That they shall only bring in a List, without taking away the Books, or any thing conducing to his defence.

That he knows not for what purpose my Lord of Strafford objected the Lease 10 Iac. for that concerned imposition on Tobacco, but the questi∣on here is, That none must sell Tobacco without Licence of the Patentee.

Here my Lord of Strafford interposed, That any man that will pay Imposition and Custome, may bring in what Tobacco he pleases. But Mr. Maynard answers, That that's more than the Tobacco is worth, and if the Patentees may sell without Imposition and Custome at their own Prizes, they are 2 s. a pound before any man.

Mr. Maynard proceeded to answer, That of the Commons petitioning for regulating the King's Debts, and observed, That it was only that the Incumbrances on the Kings Revenue might be taken off; and this is no ground that the Subject must not have his Goods, because the Kings debts must be regulated, nor a good service done His Majesty, that when the Commons shall desire something may be done, therefore this is an Ar∣gument, and Justification, that any thing may be done; this being to stop the issues of the affections of the Kings people, when what they propound, shall be so far beyond their Intention; besides, some have been whipp'd,

Pillory'd, and, Was that the Intention of the Commons House, to put such Severity, pardon him if he say Cruelty, upon the Subject?

That the Letter from His Majesty was on a Misinformation; for it sayes, His Majesty is given to understand the Preemption of Tobacco may be right∣fully assumed; Yet the known Law in England, or Ireland, being, that any preemption may be put upon a Commodity, to take it from the Subject; so they have the more to answer for it that did inform it: and, if the Question be, Who? Surely out of my Lord of Straffords own De∣fence, he himself appears to be the Man; for, he makes the Proposition of the Commons-House the ground of his Proceeding: So it was an Arrow out of his Quiver. Besides, though it was to be assumed to His Majesty, yet the Question is, Who had the Profit? the King had little in propor∣tion to what hath been raised.

For the Proclamation, March 13 Car. Whereas my Lord makes that in England the Example of that Issued in Ireland; if that which follows may be an Example to that which goes before, it may be true: But, the Pro∣clamation in Ireland was in Ianuary, and the Proclamation here is in March, the same year; Therefore that's a great Mistake.

Besides, if there be a Monopoly set up in England, Shall that Justifie another? A Crime being aggravated, when it becomes an Example; for, when they go to the other, one strengthens another; and there is more Mischief to the Common-wealth.

And, in Parliament, they must be bold to say, when Ill Ministers shall take on them to Vouch the Sacred Names of His Majesty to Justi∣fie a Monopoly, His Majesty is Innocent, but they liable to great Punish∣ment; and the more Punishable, because they Justifie it under such a Co∣lour.

As to the Advertisement of it hither by the Deputy and Counsel; Shall their Advertisement, of what was done Unjustly, make it Just?

Besides, my Lord of Strafford takes on him the Encouragement of the Contracts; for, there is one Proposition that (in case we remove) they may have liberty to surrender their Patents, which is a strong relish of my Lord of Strafford: For else, Why should they desire no longer to conti∣nue the Grant, then they may have his Protection to Whip, and Pillory Men? And, the truth is, he is the sole Man that hath the Benefit of it, and the rest are his Servants; And, they will desire M^r Little may be ex∣amined to that point by and by.

He added, That his Lordship had a Weak Defence, else he would not have fled to such a Buckler, as an Act of Parliament, certified from Sir Christopher Wainsford the Deputy of Ireland; that he thinks it fit to pass, who was one of them that Acted at the Councel-Table, so far as his part came; but, it was never propounded to either of the Houses. And, where my Lord sayes, A Proclamation may be made, till an Act of Par∣liament make it more lasting; Mr. Maynard said, Yet he hoped, by no Law in England, a Proclamation may take away the Goods of the Subject: That there is a Right in Proclamation he will never speak against; but, it is no Temporary Law to raise a Monopoly.

And, whereas he sayes, Tobacco yields no where so good a Value as in Ireland, that's nothing to the Point of Buying; that when the Subject may have 2 Shillings, my Lord of Straffords Agents shall have it for 6^d, and sell it again for 2 or 3 Shillings.

My Lord sayes, The Contractors are out of Purse 6000 l. and 'tis but said; And that will not abate the Testimony.

For Kinsale, the Witness being an understanding Man, says, That in that one Port there comes in 200 Tun; and whereas it is said, There comes none, in a Manner, in any other Port, Why then hath my Lord Five Ma∣gazines of Tobacco at several places? Nothing is offered by way of Defence: And he that shall Justifie such things by the Commands he hath produced, doth exceedingly Justifie our Complaint in that Point; for, were it not that by Misinformation, the Subject is left Remediless at Law, he might be holpen there: but, when my Lord of Strafford, and other Great Offi∣cers there shall use the King's Name, That's our Trouble, therefore their Profit: And, therefore, though my Lord makes light of it, it will come heavy at the last, and is a great breach on the Property of the Subject, Sole∣emption may be made of all things else.

Mr. Glyn desiring to add a Word, observed, That Two things my Lord of Strafford mainly insists on, to Justifie his Actions. First, That the House of Commons desired the Revenue might be unfettered, by taking off the Leases in being; And Urges, That they intended the Lease of Tobacco among the rest, which appeares not: But admit it, their Intenti∣on was to take off the Fetters and Ingagements from the Kings Revenue, that the King might make the best of it; not that others should feed on what was His, and he in the mean time want.

Now their Lordships may observe, how my Lord of Strafford executes these Intentions; he gets a Lease of it, but doth not he retain the Kings Revenue, being worth 100000 l. a year to himself for 5000 l. if the Wit∣ness speaks truth? So it falls on his own head, and is a plain deceiving of the King. There is a Letter, which Answer is made to; but, if their Lord∣ships recall to Memory what the Letter was, it was as just as could be, to take a course for Preemption of Tobacco; no, they afterwards enter into Con∣sultation, and Advice, what should be done: And, What do they? They lay a Restraint that no Man should Import unless they would Sell unto my Lord of Strafford, at his Rate, and so it is executed to Tyranny over the People.

There is another thing my Lord Insists on: Is the making of a good Bargain Treason? But, out of the making of this Bargain, if their Lord∣ships well consider it, They shall find a double Treason to result; First, Exercising an Arbitrary Power, by laying what Tax he will, for he may lay 19 Shillings as well as 6^d. Secondly. His depriving the King of His Estate, under Colour of Advancing His Revenue, which is to deprive the King of His Government: For, if one takes away my meanes of Livelihood, and defence against an Enemy, it is a killing of me round about, though it were a more immediate killing of me to run me through.

If he take away the Kings Livelihood and Just Revenue, whereby He is enabled to Govern and Protect His People, Is it not to take away the Government out of His Hand?

And one word Mr. Glyn desired to add from something that fell from my Lord of Strafford, by way of Prevention, concerning the Parliament of Ireland: We live under one King, and one Government, and no doubt ought to be sensible of one anothers Honour, the Parliament of England, and the Parliament of Ireland.

Here is an Article against my Lord of Strafford, for endeavouring to put Him out of Opinion of Parliaments: In this Assembly, where the Com∣mons and Peers are Assembled he hath endeavoured to blast a Parliament: In the next Kingdom he talkes of a Tyrannical Government, an Arbitrary Power: (these were his Words in effect) Is not this as much as in his Power to cast a Blast and Ill Affection (in any Man that hears him) on the Parliament of Ireland? And he that will do it in the presence of a Parliament, in England, What will he do of a Parliament of this King∣dom, in the absence of a Parliament, and when there is no Parliament Sitting?

And so Concluded the Twelfth Article, and the House was ADJOURNED.

[article 13]

THE Thirteenth Article. The Charge,

13. THat Flax being one of the principal and Native Commodities of that Kingdom of Ireland, the said Earl having gotten Great * 6.26 Quantities thereof into his Hands, and growing on his own Lands, did Issue out several Proclamations, viz. The one Dated the One and Thirtieth of May, in the Twelfth of His Majesties Reign; and the other Dated the One and Thirtieth day of January, in the same Year; Thereby prescribing and enjoyning the Working of Flax into Yarn and Thread, and the ordering of the same in such wayes, wherein the Natives of that Kingdom were unpractised and unskilful: Which Proclamations so Issued, were, by his Com∣mands and Warrants to His Majesties Justices of Peace, and other Officers, and, by other Rigorous Meanes put in Execution; and the Flax Wrought, or ordered in other manner then as the said Proclamation prescribed, was Seized and employed to the Use of him and his Agents: and thereby the said Earl endeavoured to gain, and did gain in effect the Sole Sale of that Native Commodity.

April 1. 1641.

THe Thirteenth Article was this Day Read and Opened by Mr. May∣nard, concerning Flax, one of the Native Commodities of the Kingdom, which my Lord of Strafford, by several Proclamati∣ons, enjoyned the Natives to work into Yarn, in a way where∣in they were Unskilful; and Pro∣hibited the Buying of any Yarn of this Flax otherwise made; and upon this occasion, much was Seized: So that by the Com∣plaints of the Commons, it ap∣pears, that Thousands were Undone, their Goods being taken away, and Converted to my Lords Use.

For Proofe,

The Second Proclamation of Deputy and Counsel was Read; wherein the first is Recited, Importing in effect, That by reason of the multipli∣city of ends in Yarne, there is much confusion; That for remedy, a Pro∣clamation

Issued the last of May last, which hath taken good effect: and, in regard some ill-disposed persons have nevertheless contracted for Yarn at cheap and low rates, though not made according to the first Proclama∣tion; That therefore the said first Proclamation be strictly observed, and that none presume to buy any Linnen-Yarn, but shall be Reeled on one end, and no more, &c. That if any person shall, after the first of April next, offend, contrary to this Proclamation, he shall be proceeded against at the Council Board, or Castle Chamber: Some are appointed to enquire of Contempts, to whom Recompence is promised. Given, &c. 31 Ian. 12 Car. 1638.

The Natives not being able to apply themselves to his Commands, a Warrant went to Seize the Goods, made, or brought contrary to this Pro∣clamation; so that People forbore the Markets, durst not sell none open∣ly, and so could not pay their Rents.

The Warrant was produced under my Lord of Straffords Hand and Seale, which his Lordship affirmed, being in effect,

By the Lord Deputy Wentworth.

TO all Iustices of the Peace, &c. Whereas Benjamin Croky is Authori∣zed to inform himself, and advertise the State, of Abuses and Contempts committed and done, against a Proclamation made for Reformation of the Abuse of Spinsters of Linnen Yarn, and to stay all Yarn made contrary, &c. till Our pleasure be further known: And whereas he now informs us, he cannot discharge that Trust, in regard diverse persons do privily, in their own Houses, and not in open Markets, make Sale of their Yarn; and though he hath desi∣red Assistance of Publick Magistrates, yet they have failed to afford him the same, in that measure that is fitting: In consideration whereof our pleasure is, and we do hereby require and authorize you, to be aiding and assisting to Benjamin Croky and his Deputy, To seize on, and take all Yarn which shall be found to be made contrary to the said Proclamation, and to cause diligent search to be made in all Houses, &c. where you shall be informed any such Re∣maines lie hidden, and the same to seize and bring to Dublin, to be disposed of, as We shall direct the Party delivering it, taking Crokies hand for Re∣ceipt thereof, &c.

To prove Execution of it.

Benjamin Croky Sworn, was Interrogated, Whether he, by vertue * 7.1 hereof, hath Seized any Yarn, and how much? and how it was disposed of?

He Answered, That his Deputy did Seize Yarn, and it was taken from him by means of Ioseph Carpenter the Steward, who receiv∣ed the Yarn into his Custody, and converted it into my Lords Loomes. He doth not know what quantities, but it was a great parcel; And, he thinks, it was to Carpenters use, but most part of it unto my Lords. Further, this Steward did employ Iohn Townesend to buy Yarn, contrary to the Proclamation;

He also imployed others to Buy some for my Lords use and his own. This he knowes.

Sir Iohn Clotworthy Interrogated, What he hath known done in Execu∣tion of these Commands, being a Justice of Peace? * 7.2

He Answered, That he had formerly heard of this Proclamation; and another Dated in May, concerning the Yarn business, That there was this same, or the Copy of this same Warrant, under my Lord Deputies Hand, brought to him, being a Justice of Peace; and he required to give Assistance in it: That he sent for the People that had been Distressed in the business, and likewise the Party employed by this Crooky, and one White named in the Pro∣clamation, to know, by what Authority they put this in Execu∣tion? Thereupon they produced both the Proclamation and this Warrant.

That he conceived, there was an Extrajudicial proceeding in it, and therefore took Examination of it; and found, in the put∣ting of the thing in Execution, That whereas there was a Clause in the Proclamation, They should Seize on all Yarne, that was not an Hundred Threads every Skean, and should Seize on it when they found it short of this.

That having taken the Examinations, he sent them up to my Lord Deputy (they being now out of his head) with a Letter, Declaring the Abuse of the Business: That he heard nothing in Return of the Business; but was Severely Threatned; and re∣ceived a Letter from Mr. Secretary Little, then my Lord Lieu∣tenants Secretary: That it was very ill taken, that he interposed in any thing, wherein my Lord was concerned: And my Lord Rai∣nalaugh had much adoe to keep off a Serjeant at Armes to be sent for him.

My Lord of Strafford desired the Letter might be shown: But, Sir * 7.3 Iohn Answered, That it was Written four or five years agoe, and he did not keep it; but, if Mr. Secretary Little be Interro∣gated, he doubts not but he will Acknowledge it.

Lord Rainalaugh being Interrogated to the same effect? * 7.4

He Answered, It is true, he was at Dublin when some Information had been given of Sir Iohn Clotworthy, for something had been done in the Yarne business, and that he apply'd himself to Sir George Rat∣cliffe, to desire him to preserve Sir George from an ill Office, and Sir George moved in it accordingly, so that Sir Iohn escaped trou∣ble at that time: For the Execution of the Warrant about the Flax, that he knows is this White, or his Fellow, or one of them, he knows not whether; but, he coming to the Fair of Athlone (where the Lord Rainalaughs Residence is) gave a De∣putation to Iohn Dennis, a Soldier of my Lord Wilmots; and, that within little time after, several Complaints were brought to him, as well by some of the Townsmen of Athlone, or divers of the

Countrey, that this Dennis had seized on a great deal of Yarne in the Shops in the Town, and abroad in the Countrey.

That he sent for the Soldier, and Asked him, By what Autho∣rity he did so? who thereupon shewed the Proclamation, a War∣rant from my Lord Deputy, and such a kind of Warrant as this; (whether a Warrant, or a Copy, he cannot say): That he Exa∣mined what proportion of Yarn he had taken; and, he told the Lord Rainalaugh, he had as much as a Cart could carry: Ask∣ing him what he would do with it? the said Dennis answered, He would carry it to Dublin: And he asking him farther, What he would do with it there? He told him (the Lord Rainalaugh) he had direction to deliver it to Mr. Carpenter, my Lord Depu∣ties Steward: That he, the Lord Rainalaugh, medled not with it, but thereupon posted a Gentleman to Dublin, that had rea∣dy Access to the Deputy, and told him the Complaints, and this abuse, by Execution of that Warrant: and, that though it was not agreeable to my Lord of Straffords intentions (he conceiv∣ed) to have them used, he thought fit to Represent them: Thereupon, He the Lord Rainalaugh went to Dublin.

Sir Iohn Clotworthy being Interrogated, what he knows about break∣ing * 7.5 open of Chests, for finding of Flax, or any thing of that Nature.

He Answered, That (as it hath been laid open) immediately on the Issuing of these Proclamations, and these Mens going abroad. The Markets were deserted, and little came to the Markets at all, though it were the most Native Commodity of the Kingdom, and paid most part of the May-Rents; For, it is That the Wo∣men work on all the Winter-Season: And, when the Markets were deserted, people were fain to bring their Yarn into houses, and sell it under shelter, where they might not be seen, nor these Fellows Seize on it; That thereupon these Men would come to Justices of Peace, and Officers, and they came to Sir Iohn him∣self, and though he would not assist, they would threaten the Constables, and break open Chests, and thereupon he the said Sir Iohn Clotworthy took away Yarn from them, and restored it to the Proprietors. This was done in the Town and County of Antrim: that he cannot tell how long it is since; but, it was in pursuance of this Proclamation and Warrant.

Being Asked, Whether the People were not ready to rise in Tumults and Uproares, where these were Executed?

He Answered, That it made very great Disorder, and great Reason for it; for, they took away all they had provided for their Half years Rent, and many people, even Multitudes, starved.

Lord Rainalaugh being Interrogated the time, Answered, He could not * 7.6 tell the certain time; but, my Lord of Strafford did withdraw it him∣self.

Patrick Gough being Interrogated, Where he had the Remonstrance of the House of Commons? * 7.7

He Answered, It was delivered him the 25^th of February, in the Commons House of Parliament in Ireland, the whole House Sit∣ting: to be transmitted to the Committee for Irish Affaires here, with many other things.

Which Remonstrance was Read, being, in effect, the most La∣mentable Complaint of the Knights, Citizens and Burgesses chosen for the Provinces of Conaught, and Ulster, touching that most Cruel Extortion, or rather Robbery committed by a Company of Pursivants, sent abroad to Seize Yarne, by Colour of divers Pro∣clamations by the Lord Deputy, Ianuary and May, 1636.

I. THe said Pursivants came into all the Publick Markets, and seized on all the Linnen-Yarne and Clothing, by which the Markets were destroyed.

II. The Merchant was forced to meet the People at their private Houses; which they understanding, way-layed the People, and took away their Yarne, and Cloth, and seized on what the Merchants had bought.

III. When any came to the Markets, they went to the Houses of poor people, and took up the Hutches where their Cloth lay, and seized on all, leaving not so much as to cover their Nakedness.

IV. They took away all the poor peoples Iron Pots, on pretence of another Proclamation, so that on this great Cruelty, which exceeded Pharoes, the poor Children were forced to go into the Fields, to eat Grass with the Beasts of the Field, where they lay down and died by Thousands; If it be deny'd, it will be proved by Twenty Thousand: and the Iudges of Assize, &c. procured my Lord Lieutenant to Recall all the foresaid Proclamations.

Mr. Fitzgarret being Interrogated, as to the Value of this Commodity, * 7.8 to the Kingdom of Ireland?

He Answered, That he hath known the Province of Ulster, and had occasion to converse with the best of it for 24 years last past: That he was for 8 years imployed in the Circuit for these parts, and observed, the Natives made a very great Commodity of Yarne and Linnen-Cloth: That he may safely call it the Staple-Commodity of that part of the Kingdom; That the Merchants buying their Yarne, and transporting it to Lancaster, it was a ve∣ry great Commodity, and many lived on it; That the Procla∣mation and Execution of it (as he was informed by a man of very good rank) Impoverished the whole Province, especially the Irish Natives, of whom few have Lands or Estates, but live as Tenants; and the Lands there not yielding Wheat or Barley in abundance (as other Countries) they convert the best Lands to the sowing of Flax, and make a very great Commodity of it; That he had continual conference, especially in Term-time, with

the best in those parts, and especially Mr. Robert Braithwait, Agent for my Lord of Essex, and Dr. Cook, of whose two Towns, one is supported by this Commodity, and Dr. Cook said, there hath been a hundred pounds worth of Yarn in a day sold and bought in that place, and by this means the Markets are wast∣ed, the People impoverished, and that he the said Dr. Cook thinks in his Conscience, many thousands are famished by the scarcity of Money that ensued on the seizing of this; and the extremity was such, that one of the Deputies of those mens authorising, went into the house of a Scotchman in the parts of Ulster (himself being in England or Scotland) would open the Chests, and used such cruelty, that they thrust a stick into the Womans throat, and she died of it, and the man was tried for it, as he was informed.

And so Mr. Maynard concluded the Charge, supposing it to be * 7.9 sufficiently proved.

After a little respite, my Lord of Strafford made his defence in substance as followeth.

That in this Charge, he hears something tending to Oppression, but no∣thing at all towards Treason, for which he is only to answer.

That the intention of these Proclamations touching Yarn, was certainly very good, and he thinks the power very lawfully executed, being but temporary, to take away an abuse, and make it better for the Common-wealth.

That he conceives not, how these Proclamations should be particular∣ly laid on him, for he hath very good company goes along with him, being set out by the Deputies and Council, and affixed to them the Hands of my Lord Loftus, the Lord Primate, the Archbishop of Dub∣lin, Earl of Ormond, Lord Dillon, Sir Adam Loftus, the two Chief Justices, and others: That he had rather answer all, than impute any thing to any body else, but he believes their Lordships will conceive he is not particularly answerable, for things done by the advice of the Council, as for the best.

That he conceives they had power to issue these Proclamations, as in o∣ther things was frequent, as in Drawing by the Horse tail, burning the Straw, and so taking the Corn from it; to bring them from these Irish Customs to the English Manners: So in this, that their winding of Thread might be brought off with more conveniency, as being of so much more value; for the unwinding was as much trouble as the thing was worth, so that the authority was lawful, and well executed in the granting of it.

He craved leave to tell their Lordships wherefore it was, being desirous to regulate this business more than any other thing whatsoever; And it was out of that Duty and Service he did, and ever should owe to the English Nation; however for the present, he may not be thought one, he had those affections, and shall have to his death, to wish the Kingdom all prosperity and happiness, in all the parts of it.

That at his coming over, he did observe, the Wooll of that Kingdom did increase very much, that if it should there be wrought into Cloth, it would be a very great prejudice in time to the Clothing trade of England, and therefore he was willing, as much as he might lawfully and fairly, to

discourage that Trade: That on the other side, he was desirous to set up the trade of Linnen cloth, which would be beneficial there, and not prejudice the trade of England; But it was extreamly to his loss, for he says he lost 3000 l. and the Stewards Chamber being searched, and it appearing so, the Accounts were delivered back again; so that he conceives they had lawful power so to do, till a Law might make it more certain and setled; and then he is answerable for nothing in all the rest, because the execution was nothing to him, and the abuses of the Officers he is not to answer for, of whom Croky was the principal Executor, and if there was an Offender, he is the greatest Offender himself, and my Lord Rainalaugh tells their Lordships plainly and truly, that upon complaint of the ill execution of it, it was absolutely recalled, and that within two years: so if it were a fault, he was not incorrigible, but willing to amend it on the first notice.

For the Warrant, there is nothing proved of any thing amiss in him, but it goes only to second the Proclamation, and that there should be as∣sistance in the due and just execution of it: only it says the Yarn shall be brought to Dublin, there to be disposed of, as he should direct; but there is no proof of any brought to him, only my Lord Rainalaugh mentions a Cart-load brought to Dublin, as the fellow told him; and Croky says, some was brought to Dublin (but he knows not how much) and it was converted partly to his use, partly to Carpenters, but he is a single wit∣ness; whereas my Lord Rainalaugh says, there was taken at Athlone (as he was told) a Cart-load of Yarn, and Sir Iohn Clotworthy says, they starved by multitudes in Ulster; my Lord of Strafford said, he could not conceive how so little a quantity taken in Conaught, should be an occasion of starving multitudes in Ulster, nor the small quantities taken by Croky, but if there were so many starved, it must be occasioned by some other means than this.

That his Looms should be an occasion of starving so many men, he con∣ceives very strange, for in truth, the value of Cloth made in those Looms in a year (which he left his Tenants to manage) was not, as he remem∣bers, above 16 or 1700 l. and if their Lordships consider the value of the Yarn with the Labour, they would wonder the making of such a quan∣tity in a year should starve so many thousands.

It is very true, (he said) he's sorry for that Remonstrance, read of the Commons House in Ireland, thinking he had merited a better opinion in that▪ Kingdom; but howsoever they have been informed, he doubts not, but when things are shewed them more clearly, than they have been hitherto, he shall have their good opinion still; he never in truth, doing or saying any thing in all his life, but with very clear and faithful intenti∣ons to the good and prosperity of that Common-wealth and Kingdom; his Lordship added, That he had some little fortune amongst them, not great indeed, nothing near that which is reported, hardly the fifth part, but something he had there, honestly and justly come by, and for that reason he had cause to wish well to the Kingdom; and it grieved him extream∣ly to hear such a Remonstrance read: there would be a time he hoped, when he should have means to give them better satisfaction; but it is but a charge, and cannot (under favour) be the proof of a Charge, being only received by information of witnesses, and no Oath being given by the Commons-House, he conceived it could not be made a proof against him, but the truth of the Charge comes to be examined; for the Remon∣strance says, that these things will be proved by 20000. To which he can say nothing, but that he is infinitely sorry, he should be so mista∣ken

in that Kingdom, where (to his best understanding) his Conscience tells him he hath deserved very well (with modesty be it spoken, his Lordship added) of them all, and desired to do Justice amongst them, and there would come a time when he should be better understood, as well there, as here he hoped

For the testimony of Mr. Fitzgarret, he speaks nothing of knowledge, but what he hath been informed and heard, and what hath been credibly reported to him, and those are no proofs to be judicially taken, as he conceived, nothing being by Mr. Fitzgarret spoken, but by report; and their Lordships have heard this reported as well as he, yet knew not whether it be true, further than is proved.

So he concluded where he began, something may look like an op∣pression in them that did execute it, but nothing as to himself and the rest of the Counsel, who issued the Proclamation on just and warrantable grounds, and according to that power they had from the King, which he conceived was a full and clear acquittal of him (humbly submitting to their Lordships better Judgements) of this Article, so far forth, as it amounts in any kind, to convince him of High Treason.

To which Mr. Maynard made reply in substance as followeth, * 7.10 And first he observed,

That my Lord of Strafford was still striking on the same string, here (said he) is no Treason, though something tending to oppression, and so at this rate, he can never want an answer: for if this be not (in this par∣ticular) as high and wilful an overthrow of the fundamental Rules and Justice of the Kingdom, as can be imagined, I appeal to your Lordships: and that is it wherewith he is charged, not as if this singly would amount to Treason: And

Whereas his Lordship says, his intention was good, if (when an oppres∣sion of High Justice is committed) it be enough to say, he had a good in∣tention, it is a good defence to take away mens Goods, and apply them to his own use; and so this being practis'd by him universally, on a whole Kingdom, may be excused by a good intention: But God knows the heart, your Lordships are Judges of his actions and oppressions. He says the Proclamation was a Temporary Law to take away Goods, break open Houses, forbid and annihilate Contracts; this he says in the face of the Kingdom; so that there cannot be better evidence given against him, than comes from his own mouth: for that, which is put upon him, is, That he would erect a Government that depends meerly upon Will, and take away that which is obliged to Laws. To say a Proclamation is a Tempo∣rary Law, is to make a Law, as long as it pleases them that award the Proclamation to continue: for when shall it have an end, but by the plea∣sure of them that send it forth? He would excuse himself, that he hath gone in good company: Did the Commons insist on this, as a single mis∣demeanor, my Lord might say, he is not the only man that deserves pu∣nishment, but he cannot say, but that he is the Principal man, and indeed, and in effect the sole man, as it will appear in the answer to the rest. They are too blame that follow his misguidance, but he is not innocent that draws others into such actions with him.

Mr. Maynard observed the nature of the Proclamation, it was not to appoint a regulation, but to take away the Subjects Goods; nei∣ther

giving them time to vend the Commodities in their hands, nor to depart from that (if it were an ill usage) but forthwith, as soon as the Proclamation was out, the Goods must be seized, because they did not doe the things they could not doe.

He saith the Execution is nothing to himself, but to his Agents. Sure∣ly, he that will command unjust and evil things, is not a whit less guilty, because he hath Ministers, that will apply themselves to his pleasure, to execute unlawful Commands. He commands, they execute it; and when they had executed it, they bring it to his Looms, that is, to his profit.

He says it was recalled after two years or thereabouts, but your Lord∣ships may remember, on what misfortune and cruelty it was recalled, the tumults, the stirs, the oppressions it did produce: and his recalling it af∣ter two years, makes him not innocent before, when 1000 or 2000 or 3000 had perished by the oppression of it; he was not innocent, because 10000 or 12000 did not perish; it was too long kept on foot, and he that doth unlawful things in so great a measure, is not to be excused, be∣cause he cannot bring them wholly to pass. For that's all can be said, He could go no further, and therefore he leaves it off.

He says, his Warrant is not amiss, but it is extreamly amiss, for the Minister should advertise the State touching the Subjects Conformities; but my Lord of Strafford will have them presently enter the House, and seize the Goods: the Proclamation puts them on it, but the Warrants command Justices of Peace, and all Ministers of Justice, to come in and countenance this cruelty; and when they did not conform to it, they had reproofs from my Lords servants. And if the point were only to produce witness, that the Flax or Yarn came to my Lords own hands, it might be despaired of, but when the profit comes to his hands by his Agents, and those set on work by him, it is no excuse to say it was done by others.

Mr. Maynard said further, he wondred my Lord should say, there was no proof, when there were two express witnesses; my Lord said, he heard but of a Cart-load, Mr. Maynard answered, he heard not the word, but he heard of about a Cart-load, and could that starve 1000 men? yet if a Cart-load be not sufficient to starve 1000 men, if there be more than 1000 starved, then more than a Cart-load was seized. At that time there came in but a Cart-load, but there came in by good quantities, when it came in by Cart-loads.

He says the Remonstrance is but a charge, but it comes in on good proof, and it is concerning a whole Province, and (as it is likely) they were there that knew of the miseries that befell the Provinces.

Mr. Maynard further observed, that heretofore in the matter of Tobacco he told your Lordships, he had a command; it was expected, he would have produced something to the purpose now, but God be thanked he hath not: he says Tobacco is a superfluous thing, but these things that are for clothing are not superfluous, and being he hath gone into this excess, Mr. Maynard concluded with this, that he must leave him to their Lord∣ships Judgements, for he had made an excuse, tho that he said did not reach an excuse,

And whereas my Lord said, the Cart-load of Yarn was taken in Co∣naught, not in Ulster.

Mr. Glin added that one thing was observable from my Lord of Straf∣ford's own evidence, which seemed to convince him of what he denied. * 7.11 He pretends this was for advancement of Trade, not for his own use, and that there was but 1700 l. worth made in a year, but himself casting

his Accompts says, he lost 3000 l. so he owns it by the loss, but not by the benefit, which convinces the principal point himself denies.

Here my Lord of Strafford desired leave to explain himself, that (when he said he lost 3000 l. and 1700 l. a year made of it) he said he made Cloth there 6 or 7 years as hetook it, and the Cloth it self, not the Yarn, was worth 1700 l. for the Yarn was not worth 400 l. and in that time he might very well loose 3000 l.

And so the Thirteenth Article was concluded, and the Fourteenth Ar∣ticle being for the present laid aside, the Committee proceeded to the Fifteenth Article.

[article 15]

THE Fifteenth Article. The Charge,

15. THat the said Earl of Strafford, traiterously and wickedly de∣vised and contrived by force of Arms, and in a warlike man∣ner to subdue the Subjects of the said Realm of Ireland; and to bring them under his tyrannical Power and Will, and in pursu∣ance of these wicked and traiterous purposes aforesaid; The said Earl of Strafford in the eighth year of His Majesties Reign, did by his own authority, without any Warrant or colour of Law, Car, and Impose great sums of Money upon the Towns of Bal∣temore, Bandenbridge, Talo'we, and divers other Towns and places in the said Realm of Ireland, and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Soldiers, with Force and Arms, in a warlike manner. And on the Ninth day of March, in the Twelfth year of His now Majesties Reign, traiterously did give authority unto Robert Savill, a Serjeant at Arms, and to the Captains of the Companies of Soldiers, in several parts of that Realm, to send such numbers of Soldiers, to lye on the Lands and Houses of such as would not conform to his Orders, until they should render Obedience to his said Or∣ders and Warrants, and after such submission (and not before) the said Soldiers to return to their Garrisons. And did also issue the like Warrants unto divers others, which Warrants were in Warlike manner with Force and Arms, put in execution ac∣cordingly, and by such Warlike means, did force divers of His Majesties Subjects of that Realm, to submit themselves to his unlawful commands.

And in the said Twelfth year of His Majesties Reign, the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot, Armed in Warlike manner, and in Warlike array, with Force and Arms, to expell Richard Butler from the posses∣sion of the Mannor of Castle-Cumber, in the Territory of Idough, in the said Realm of Ireland, and did likewise, and in like War∣like manner, expell divers of His Majesties Subjects from their Houses, Families, and Possessions, as namely Edward O Brenman, Owen Oberman, John Brenman, Patrick Oberman, Sir Cyprian Horsefield, and divers others, to the number of about an hundred Families, and took, and imprisoned them and their Wives, and carried them prisoners to Dublin, and there detained until they did yield up, sur∣render, or release their respective Estates or Rights.

And the said Earl in like manner, hath, during his Govern∣ment of the said Kingdom of Ireland, subdued divers others of His Majesties Subjects there to his Will, and thereby, and by the means aforesaid, hath levied War within the said Realm, against His Majesty, and His Liege People of that Kingdom.

Mr. Palmer proceeded to open the 15th Article, which concurred with the precedent in point of Evidence, to make good the Charge of the Com∣mons against the Lord of Strafford, in point of High-Treason. The main Accusation being, his labouring to subvert the established Laws and Government, and instead of them, to introduce an Arbitrary and Tyrannical Power.

THAT this laid in the 15^th Article, * 7.12 doth more than prove this Charge, charging him with Acts of Force and Hostility, which are not only an Evidence to * 7.13 prove his design, but are actual subversions of Law, and intro∣ducing of an arbitrary Power, as their Lordships will perceive, when they shall hear how he ex∣ecuted his Commands by Soldi∣ers.

And as this contributes with the rest in proof of the main Charge, so he humbly offered, that this Article, singly and in∣dividually of it self, contained a Charge of High Treason, and that the nature of the offence would appear in the proofs of the Article.

The Article is first general, That he did traiterously devise, to subdue the Subjects of the Realm of Ireland, by force of Arms, in a Warlike man∣ner, under his tyrannical Power and Will.

In pursuance of these things that are charged in the Article; the first they said, they would pass over at that time, and my Lord of Strafford al∣so had notice, that they intended to wave it for the present.

The Second is, that 9 March 12. of the King, he gave a Warrant to one Savill, a Sergeant at Arms, and to Captains and Soldiers of that Kingdom, to Quarter on the Houses and Lands of such, as would not con∣form to render Obedience to his Orders, such number of Soldiers, as the Sergeant at Arms should think fit, according to the demerit of the De∣linquents, and to be kept there, until they made submission, and then to return, and not before. And the like Warrants were issued to others, and to the Subjects of that Realm, who were forced to submit to his illegal Commands, and this is charged to be a levying of War against the King, and his People.

Your Lordships may please to remember, what a Power my Lord of Strafford had assumed to himself from the Courts of Justice established by Law, in taking to himself an Arbitrary Power, to determine Causes on

Petitions, and that without any legal Process. And he intended to himself, an execution of these Orders in this manner. If a Petition was presented, First a signification went to the Party, that he should satisfie the complaint, else shew cause; if he did not appear, then there went a Messenger, or Pursivant; on his Affidavit that the Party was not found (as well he might not be found) then an Attachment: after that, the Sergeant at Arms. This Sergeant at Arms had always with him a Warrant dormant, (not a particular Warrant in the Case complained of) that whensoever he should have an Order to fetch any man in (if once he had made Affidavit he could not be found) he was by virtue of that Warrant, to repair to the next Garrison, and there to take such numbers of Soldiers, as he thought fit, and quarter them on the House of the Party: and this was as ordinarily executed, as any powers of Law in legal Cases.

In the execution of this, the Party suffered as much insolencie, as is in∣cident to War; their Catel taken, their Corn thrash'd out, their growing Corn cut, their Houses burnt, and some exiled, and forced to leave their Countrey, and flie to remote places, by reason of their Soldiers insolen∣cies.

The method propounded is, First, to prove the Fact: then to observe the nature of the offence, both from the Stat. of 25. Edw. 3. and also from a particular Stat. in Ireland 18 H. 6. whereby the Offendor in this very case, is adjudged to be a Traytor.

Mr. Savil the Sergeant at Arms produced and sworn, and a Copy of his Warrant offered. My Lord of Strafford excepted against the reading of * 7.14 the Copy in a Charge of High Treason; adding, that it concerned him very much, he being to be tryed for his Life and Honor, since upon this the whole Charge was to be grounded. On other things he did not insist so much, but submitted to their Lordships pleasure, because they said they would consider them in their Judgement; but this being the ground and foundation, whereupon they intend to charge him with High Treason, he besought their Lordships to consider it, with that Honor, and Good∣ness, and Justice they did in all things.

Mr. Glyn in Answer alledged, that their Lordships had over-ruled it in * 7.15 the Case of the Bishop of Down. That (suppose a Warrant is offered by force, whereby High Treason is committed) if a Co∣py may not be given in evidence, then let him that is guilty in such a Case, get away the Originals, it cleares him of the Trea∣son: besides, it is no matter of Record: and Mr. Maynard ob∣served, That if one writes a Letter, and therein commands one to commit Treason; if the Letter be burnt, this man shall not prove the Command, if only the Original must make it good.

Mr. Savill being asked what was become of the Original Warrant?

He answered, it was in Ireland, he not expecting any question about this business, but this was the Copy of it, and under his own * 7.16 hand.

My Lord of Strafford offered to their Lordships, that he that is to swear it to be a true Copy, is the man, that (if a fault be committed) is in fault himself as much as any, for he is the man that executed this Treason, and now he shall swear to the justifying of his own act.

Mr. Savill being (on my Lord of Clares Motion) Asked, How they came by the Copy?

He Answered, He knew not how it came into their hands.

But, Mr. Palmer added, Now he sees it in our hands, and he knows it: * 7.17 And that this Copy cannot be questioned, unless he question what is done already; for, in this very Case, a Copy is allowed to be an Evi∣dence, for the Relation it hath to the greatness of the Charge, as to my Lord of Strafford; and it cannot alter the Justice of the Evidence; for, if it be an Evidence, it is an Evidence in whatsoever the Cause is.

Mr. Savill being Asked, How he came to set his hand to the VVar∣rant? * 7.18

He Answered, That in Ianuary last there came to him one VVilliam Somer, Secretary to my Lord Rainalaugh, and told him; Mr. Sergeant Savill, you had a Warrant to Quarter Soldiers on one within the Town of Athlone, but the parties were Friends, and you removed them; one of those Soldiers committing Extorti∣on, in taking away two Pewter Dishes, and is to be Tried at our next sitting; and, unless the Soldier have a Copy of your Warrant, he is like to suffer in it: That he thereupon Answer∣ed, He could not deny it; and brought the Original Warrant, and being a good Clerk, he bad him Copy it out.

He sayes, he desired you to let some of your own Men do it, and I will give him for his pains—

That he, the said Mr. Savill, did thereupon deliver the Original War∣rant to his Servant, Edmond Brumingham, as he remembers, who Copied it out. That Mr. Somer came, and told him, Here is a Copy: That he asked Mr. Somer, Whether he had examined it? Yes indeed, saith he, it is a true Copy: That upon that, he the said Mr. Savill delivered this to Mr. Somer, under his Hand, but did not compare it himself, yet is confident it is a True Copy.

Mr. Maynard observed, That they Charged a Treason in an Act, That * 7.19 my Lord of Strafford gave Authority to do such a thing; not that he gave this Particular Warrant; and though they proved no Copy at all, yet proving the Command, it maintained sufficiently the Charge: for, a Trea∣son may be a Treason, though not put in Execution. That they produced not this Copy, as necessary to give a precise Copy, but to prove that there was such a Command and Authority given; and, as a farther evidence, they shew a Copy taken on such an occasion: And, Witnesses are here, who will clearly Depose, That this is the very substance and effect of the War∣rant, given under my Lord of Straffords hand.

Here my Lord of Strafford interposed; That it was Charged on him in * 7.20 particular, That on the 9^th of May, in the 12^th year of the King, he gave Traiterously, Authority to Robert Savill, &c.

But Mr. Palmer insisted, That they did not find much on Reading this * 7.21 Warrant; but, if the Authority was proved it was sufficient.

And Mr. Pym added; That they could not wave any part of the Evi∣dence, and therefore prayed it might be read. * 7.22

Mr. Savill being (on the motion of the Earl Bath) Examined, Whether this was the occasion of his coming over? and, Whether he had not said, * 7.23 He had brought all his Warrants with him?

He Answered, That by the Oath he hath taken, that he knew nothing of it, till the night he came to the City: That he had not said, He had brought all his Warrants; for he had none; and should have spoken an Untruth if he had said it: and he came on his own occasions, not sent for.

Being Asked, Whether he thought in his Conscience, That it was a True Copy?

He Answered, Yes; I am confident; for the Substance of it.

To Determine the Question, their Lordships resolved to Ad∣journ to the House above.

Mr. Palmer desiring it might be Remembred, That the Copy was Signed by Savill's Hand; That Savill was the Person to whom the War∣rant * 7.24 was directed; and, The Man that hath the Principal Warrant in his Custody; That gave direction for the Copying of it; and added, That himself was ready to prove the substance and effect of it.

Their Lordships Adjourning, and shortly after returning:

The Lord Steward Reported their Lordships Resolution, viz. That their Lordships had taken into consideration this Copy, and thought of it seriously; * 7.25 and that in this individual Case, they held it not fit to be read, because it was not Attested: And that their Lordships, in no other Case since the Tryal began, had admitted the like Copy, but where it was Attested: That they conceiv∣ed, this could be no Impediment, or failer in the proceeding, because the truth, and verity of it would depend on the first general power given to exe∣cute it, which they that manage the Evidence for the Commons, say, they can prove.

Mr. Palmer thereupon Alleadged, That they would apply themselves to * 7.26 their Lordships Directions: That the thing offered in Evidence had been executed; That Soldiers (according to what was deposed to be the effect of this Warrant) have been Quartered on the houses, and Lands of such Persons, as have been Complained of on Paper Petitions, either in case they have not appeared, or after appearance, did not render obedi∣ence.

Mr. Savill being Asked, What he did in that kind? and, What War∣rant he had for it? * 7.27

He Answered, That the Warrant, by Vertue of which, he laid Soldiers on several Delinquents Lands, was delivered to him by my Lords

Deputies Secretary, Mr. Edmonds (as he remembred) by Virtue of which Warrant, after five or six several times going for the Delinquents, when they could not by any means be brought in, he did (according to my Lord Deputies Command, make use of his Warrant, and layed Soldiers on them till they had submitted themselves: And, that the Warrant was given under my Lord Deputies Hand.

Being Asked, What he meant by Delinquents?

He Answered, thus; He ever observed on Complaints made to his Lordship, my Lord Issued his Command; This Command was served on the Party Complained of; And, on Return of that, Oath being made of it, that the Party gave not satisfaction, A Warrant was Issued to the Pursivant; On the Pursivants return (he not meeting with the Party) the Party possibly absenting himself, or Rescued out of the Pursivants hands, there is an Oath taken by the Pursivant, a Warrant given to the Sergeant at Armes, who goes in Person, or sends his Deputy three or four or five times, and when the Party cannot be got, then he lays Soldiers.

Being Asked, What he meanes by laying of Soldiers?

He Answered, That he was to go to the Captain, or Chief Officer of the next Company, or Garrison, to Complain of the Party he calls Delinquent, and show my Lord Deputies Warrant, and then he Commands them to rise with such a number, as he shall think convenient, and March to the Party Complained of, in whose House they lie, till they receive further direction.

Being Asked of the Questions severally.

He Answered; That it was by a General Warrant he laid Soldiers on Delinquents, and that he had a particular Warrant first, but when that was disobeyed, he used this General one, that the Soldiers might not March but with an Officer; That he did ne∣ver see those Soldiers go on Service like Naked Men, but they had such Armes as were fit for Soldiers; That he hath seen them Armed with Muskets, Swords, and such furniture. That they have meat and drink from the Party they lie on, though (for his own part) he had never Meales Meat from him.

Being asked, Whether they lie on the Parties Lands?

He Answered, For that purpose they go.

Being Asked, On how many several Persons he had done it? and, Whe∣ther it was ordinarily done?

He Answered, That he had done it on several occasions; and that he was afraid that sometimes he should be Complained of to my Lord Deputy, in not putting it in Execution, when the Parties have

thought he the Deponent hath been favourable without cause: That he had, on several occasions, executed his Command; as namely, he caused Soldiers to be laid on one Francis Ditton, likewise on one Conolly, and on Luke Borne, as he takes it, and some others, whereof he doth not remember the particulars: But, those Men could not be brought in by any other meanes, that he knew.

Being Asked, Whether it hath been done ordinarily on all occasions, and on Persons of Quality as well as others?

He Answered, That when he had my Lord Deputies Warrant in a ge∣neral way, he never made any difference of Persons.

Being Asked, Whether by Horse or Foot?

He Answered, Never Horse that he knew of, unless in case of Ne∣cessity, when no Foot was to be had near them; And, that was but once.

Being Asked, Whether the Number was left to his discretion, or a certain number assigned?

He Answered, The Warrant sayes, he shall raise so many, as shall be thought fit in the discretion of the Sergeant.

Being Asked, Hath this been Executed on several parts of the King∣dom?

He Answered, Yes; as well in one part of the Kingdom as another, when the occasion served.

Being asked, Whether it was done by himself only, or another?

He Answered, There was none but himself, till the Lord Deputy, for the better Service of His Majesty, was pleased to direct ano∣ther.

Being Asked, Whether my Lord Deputy ever spake to him, about the Complaints made of him?

He Answered, Never, In Good Faith; and he thinks my Lord will clear him of that.

Being Asked, Was there not Complaints made of his showing Fa∣vour?

He Answered, He must Confess there was.

Being Asked, What he said on that occasion?

He Answered, sometimes my Lords Secretary would demand, Why he would not put the Warrant in Execution? and he (this De∣ponent)

would say, They were poor Men: but, it never came to my Lords hands, so far as he could remember.

Being Asked, on my Lord of Straffords Motion, What number of Sol∣diers he commonly laid, and what was the greatest number usually?

He Answered, That the greatest number was Five and an Officer; but, for the most part 2, or 3, or 4; but, of late, he hath heard of more.

Being Asked, Whether another had not a Warrant to the same purpose? and, How many he had laid?

He Answered, He never saw the VVarrant; but, he hath heard he hath, by Vertue of such a VVarrant, laid Soldiers, but he knows not how many; he not looking to the actions of others, but his own: and he wished it had all layen in his power still, and he had done well enough.

Patrick Gough being Asked, Whether he had seen such a Warrant un∣der * 7.28 the Hand and Seal of my Lord of Strafford, whereby the Soldiers were Assessed, and under whose Hand?

He Answered, He had seen a VVarrant, Signed by my Lord VVentworth on the top, and a Seal to it, directed to the Sergeant Savill, to the same purpose: that an Affidavit made to him of the absence of the Contemptor of the first VVarrant, he might lay Soldiers on the Land; And that he made search for it, and saw it in Secre∣tary Littles Book, but it was long agoe.

Being Asked, What he knew of the Execution of this VVarrant? Up∣on whom? How many? and, Upon what Occasion?

He Answered, It was a constant course, on a Command, and Affidavit made of serving a VVarrant, to the Pursivant, on the Parties fail∣ing, an Attachment was granted to the Sergeant, and a Dormant VVarrant, that on his not finding him, he might lay Soldiers on the Land; This was constantly practised during my Lords Go∣vernment, as he obsered; And particularly, upon one Richard Butler in the County of Typerary last Summer: And, no other cause could he learn or know, but not giving obedience to my Lord of Straffords Orders, The Original Contempt.

Being Interrogated, What Insolencies he had known committed by Sol∣diers in this Case?

He Answered, That he had heard, Soldiers were left on one Bernes Land, and they took other Mens Cattel that Grazed on the Lands, and killed them, and burnt part of the House (as he was told) and broke up the Hutches where he had his Corn, and sent it to the next Market-Town to buy Beer for them.

Being Asked (on my Lord of Straffords Motion) Whether in his VVarrant any Command was given to take other Mens Goods?

He Answered, He believed no such word was exprest in the VVarrant.

Being Asked, Whether there was not Authority to lay Soldiers? and, What was meant by laying of Soldiers?

He Answered, The VVarrant Imports, That, on their Default, or Ab∣sence, the Sergeant at Armes may lay Soldiers on the Land, there to lye to feed on the Contemptors Goods, and live there till he surrender his Body to the Sergeant at Armes. Then the Ser∣geant gives notice to the Soldiers, that the Party is come in, and they go to their Garrison.

Richard Welsh Sworn: Being Interrogated, Whether he had seen a War∣rant * 7.29 under my Lord of Straffords Hand, for laying of Soldiers?

He Answered, That he had seen my Lord Deputies Hand Signed (if it was his Hand) Wentworth: as he had seen it to many Orders, being very well acquainted with his Hand: That he had seen his Hand to such a Warrant; that the Man that showed him the VVarrant, was one of my Lord Deputies Troopers (by name Patrick Brady, who told him) he was going to fetch Soldiers by direction of Sergeant Savill, to lay on one Francis Dillon, who was in Contempt at this Bradyes own Suite: That the occasi∣on he showed him it, was; That Brady was Indebted to him (the Deponent) and he (the Deponent) intending to Petition my Lord against him, Brady desired him to forbear it, for he had a good way to get Money, and shewed him the Warrant; he (the De∣ponent) saw it under my Lord Deputies Hand and Seal.

Being Asked, What was the Suit? He said, The Suit was on a Paper-Petition; for (as he remembers) 100 l. and so Dillon falling into Contempt, a Warrant was issued to the Pursivant, and so, ac∣cording to the practice, the Soldiers were laid on him.

Being Asked, What was the effect of the Warrant under my Lord De∣puties Hand?

He Answered, That the effect of the Warrant was, That the Sergeant at Armes should bring upon the Delinquents (such as was incon∣tempt) out of the next Garrison, Soldiers, with an Officer, and lay them on the Delinquents Lands, till he had rendered his Body.

Patrick Cleare Sworn: was Interrogated, What Execution he knew of my Lord of Straffords Warrant, to lay Soldiers? * 7.30

He Answered, That he had seen no Execution done: but, he had a Letter sent out of the Countrey, by a Gentlewomans Son, and she desired him (the Deponent) to Petition, To have Soldiers

that were laid on her Land discharged, it being onely for a Con∣tempt, in not Appearing. That he got a Copy of the Petition, her Name being Agnes White, and therein she Petition'd my Lord of Strafford to have them discharged; and said, she was very old, and would die, if she submitted her self to any Sergeant at Armes. The Order was, That upon an Affidavit he would give other Direction. The Son made Affidavit, that she was 80 years old: On that, an Order was made, requiring Sergeant Savill to take off the Soldiers, and trouble her no more, she paying him his Fees. And he knew further, That Sergeant Pigott having an At∣tachment against Iohn Barrow, who was gone away, by reason of certain Cruelties, sent after him, by Secretary Little, who threat∣ned to put Soldiers on him, if he came not to compound with him for his Fees.

Being Asked, How far the old woman lived from Dublin?

He Answered, In the County of Kilkenny, 40 or 50 Miles from Dub∣lin, and this was four years ago.

Being Interrogated, What the Contempt was?

He Answered, That the Petitioner said, He was dammaged 500 l. by not performing Covenants; so she was commanded to pay 500 l. or else to shew cause to the contrary: She was an old woman, al∣wayes on her Bed, and did not appear, not knowing what be∣longed to Law. Affidavit being made, That she appeared not, nor gave satisfaction, an Attachment issued to the Pursivant; The Pursivant could not find her, on Affidavit. The Sergeant at Armes goes for her, and, not finding her, the first or second time; he layes Soldiers on her: And there they remained eat∣ing and drinking three or four weeks, till he got them discharg∣ed. And he heard by the Sergeant at Armes, that this was ve∣ry usually and ordinarily done.

Being Asked, If Pigott had such a Warrant?

He Answered, He did not see the Warrant, but Pigott himself said, He would lay Soldiers on Barrow, if he did not submit and pay Fees.

Nicholas Ardah Sworn: Being required to deliver what he knew con∣cerning * 7.31 laying of Soldiers in case of Paper-Petitions.

He Answered, That he had heard of many, but never saw any but one, which was in the City of Dublin; One Tho. Cusacke of Dub∣lin was seized by Sergeant Savill, with Corporal Hamond, and some others of my Lord Lieutenants Troops, for not obeying an Order within these two years and a half: That he saw the Horse, and the Pistols at their Sadles; there were two or three as he takes it.

Being Asked in what Case it was?

He Answered, A Merchant of Manchester, trusted with Money, or Commodities, and being not able to pay him, he sued him, and so far, that he got a Warrant; and this was before my Lord De∣puty, on a Paper-Petition.

Being Asked, How long the Soldiers remained there?

He Answered, some three or four dayes, till the Man surrendred him∣self to the Sergeant at Armes.

Edmond Berne being Sworn, and Interrogated, How many Soldiers were laid upon himself, by vertue of this Warrant? and, For what cause? * 7.32 and, What Contempt? and, What was the loss? and, Whether the Soldi∣ers were Armed?

He, in his several Answers, Deposed, That there came to his House Ten of my Lord Deputies own Foot-guard, and an Officer, in the County of Wicklowe in Ireland, in the Bernes Countrey, 12 Miles from Dublin; That it was on the 17^th or 18^th of October, 1639, and they came on his Land, under colour of a Contempt, and there lay 15 dayes: In which time, they consumed and de∣voured all his Goods and Chattels they found at that time: They Thrasht out three Ricks of Corn; one of Wheat, one of Rye, the other of Oates, which were very well worth 50 l. at the least: After they had Thrashed this Corn, and devoured the Victuals they found in the house and about the house, they sent some of this Corn to a Market-Town within three Miles, called Bray, and that they sold for Tobacco, Aquavitae, some Beer, and Victuals for themselves: And they would not be content with this, to satisfie themselves on his Goods, but they must bring in the Women of the Town, and made the Women drink, and of∣fered to Ravish them, but that some of the Town came in to Rescue them: That after they had consumed all his Goods, they broke up his Tenants doors, killed their Geese, their Hens, and destroyed their Victuals; and when they had destroyed all his Tenants Goods, they came on the Town-people which were not his Tenants, and broke open their doors, and struck them, and eat their Victuals, and killed their Geese and Hens; and af∣ter they came to his Tenant, one Timothy Wells, they came on his Land, and understanding he was his Tenant, they took away 40 English Sheep, and brought them to his house, and there, that night, they killed two of them: That his Tenant under∣standing them to be there, referred himself to the Lord Chief Ju∣stice of Ireland then, and Petitioned, to this purpose, that is, my Lord Dillon, and Sir Christopher Wainsford, that Mr. Wells, which was his Tenant, had an Order to take away his Sheep from the Soldiers: and then the Soldiers Reply'd, That since he had got an Order to take away his Sheep, they were sorry they did not kill more of them: That they were not content to have Wood (which was for his the Deponents own fuell, and to destroy that) but they burnt his Partitions, his very House-door, sold his Trunck, his Bedsteads, his Dining-Table, and all they could light

on in his house; that after this time, he was not able to keep house, but left his Wife and Children to the courtesie of his friends, and was fain to flie his Countrey, and to serve in the Low Countreys as a Soldier; that he may very well take it on his oath, that this loss was at least 500 l. out of his way, for he was not able to sow the Fallowes, and was fain to break up House and Home, and was never able to keep House since.

That this was upon colour of a contempt, upon a Petition preferred against him to my Lord Deputy, by M^r. Thomas Ar∣chibald for a pretended debt of a matter of Ten pounds, and these Soldiers were armed with Swords, Musquets, and Hal∣beards some of them.

Being Interrogated (on my Lord of Strafford's motion) whether he the Lord Strafford was then in Ireland?

He Answered, That before the Soldiers came on his Land, my Lord Deputy came to England.

But Mr. Palmer observed, that the Warrant was from my Lord Depu∣ty, and Mr. Palmer added, that all will refer to the time of the Warrant * 7.33 dormant.

Being asked, what Warrant was shewed for laying on these numbers of Foot?

He Answered, That he durst not come in their sight.

But Mr. Maynard observed, that this was one of the men Savill did lay * 7.34 Soldiers on, and therefore it behoved to be by that Warrant.

Being asked, whether the Debt might not have been compounded for 5 l. and why he would not rather pay 5 l. than suffer prejudice to 500 l?

He Answered to the First, Yes. To the Second, That he conceived the Debt not lawfully due.

Mr. Robert Kennedy being Sworn and Interrogated, what he knew of * 7.35 the laying of Soldiers on the said Berne, and the occasion, and what they did.

He Answered, That one Archibald preferred a Petition against Berne, for a pretended Debt to my Lord Lieutenant, and (as his usual course was) his Lordship would referr the matter to the two next Justices of Peace uninteressed, and they to determine the matter by consent, if they could; else to certify that the par∣ty bringing the Petition to him, the Deponent desired him to draw the Warrant according to my Lord-Lieutenants Order. They sent a Warrant for Berne, who appearing, they examin∣ed the business, and it was so trivial, that he the Deponent, de∣sired them to compound it. Berne stood on it, that the Plaintiff ought to have none, and would pay him none. They certified

my Lord Lieutenant. After this Certificate, he (the Deponent) heard not of it, till he heard that Soldiers came to this Gentle∣mans Land, and hearing of it, and that some Tenants of his the Deponents were wronged by it; he came thither, and some of them he knew, and asking by what authority they were there? We come (say they) by Warrant of the Sergeant at Arms Mr. Pigott, That the Deponent thereupon said. Mr. Pigott hath no Warrant; Yes, say they, my Lord Lieutenants, and he di∣rected us not to leave, till Berne delivered his Body for a con∣tempt.

That he the Deponent Answered, Though you have a Warrant for lying on his Land, you have no Warrant to destroy his Goods, for they were selling his Corn, and loaded the Horses that went through the Town.

That there was to the number of 8 or 12 of my Lords Guard, armed with Pikes, and Guns, and Swords. But my Lord of Strafford he thinks was not then in Ireland, he was newly gone.

Being asked (on my Lord of Strafford's motion) whether he saw the Warrant under Pigotts hand?

He Answered, He did not, but the Soldiers told him, Pigott laid them on the Land, by virtue of my Lord Deputies Warrant.

Being asked, how long Pigott had been a Sergeant?

He Answered, About Ten years.

And whether there was any more than two?

He Answered, No more that attended the State; and Mr. Kenneday, added, that he wondred at the course, for he never heard of any such course before my Lord of Straffords time.

Mr. Palmer here observed, that they were my Lord Deputies own Guard, which could not be but originally from him. * 7.36

Mr. Robert Little, my Lord of Straffords Secretary being sworn, was in∣terrogated several questions, viz. Whether he had made out any Warrant * 7.37 by the Lord of Strafford's Direction, and under his Hand and Seal to Pigott, or any else, for raising Soldiers after this manner.

He Answered, That he doth not know that Pigott hath any such War∣rant; nor doth he remember any such Warrant passed the Of∣fice if it did, it was by Precedents of former times, but in good faith, he doth not remember it.

Whether he made any such Warrant to Pigott to his knowledge?

Answered, That he never made any, or heard of any, nor knew of any.

Was one made to Savill?

Answer, He never made that to Savill, and he cannot tell whether there was one to Savill, or not?

Was there an Entrie of any Warrant in his Book to that purpose?

Answer, That he did not enter them at any time, nor did he ever see any such Entrie or Warrant.

Mr. Palmer inferred from hence, That he said the same for Savill that he * 7.38 said for Pigott, and yet how publique a thing this of Savill's was their Lordships have heard, and it could not but come to his knowledge, at least his ear.

And Mr. Maynard, observed, he swears that he never made any such * 7.39 Warrant, but if any were made, it was according to former Precedents.

But my Lord of Strafford Answered, That if any says he cannot tell, 'tis * 7.40 as much as he can say for another mans act.

Lord Ranalaugh being Interrogated, what he knew of this Warrant, of * 7.41 laying of Soldiers, upon whom? and how long?

His Lordship Answered, That he had heard something of it heretofore, but more particularly in November last, when being at the Coun∣cil-Board, a Petition was preferred to the then Lord Deputy and Council, by one Davis, who dwelt in the County of Clare; and by his Petition he set forth, That notwithstanding on a Re∣ference from my Lord Deputy to the Judges of Assizes, he had obtained a Report from him; yet by combination betwixt his Adversary and the Sergeant, he had Soldiers laid on him, which made him leave his Dwelling: That he the (said Lord Ranalaugh) asked the party, how the Sergeants came to lay Soldiers? Yes saith he, My Lord Deputy Wansford hath made a Warrant dor∣mant, and taken a course for it from my Lord Lieutenant, and from himself, (as he the Lord Ranalaugh takes it) tho positive∣ly he could say, that the Warrant Dormant was the general Cause.

Being asked whether it had been used before, or if it be an Inno∣vation?

He Answered, That he knew a custome hath been in Ireland, for lay∣ing Soldiers on the relievers of Rebels, and for laying of Con∣tribution-money, in case of Delinquency, or not payment; Or where a return was made by the Sheriff, that the Kings Rents did not come in, these Rents being applyed to the payment of the Army. The course before my Lord of Strafford's coming was, That Soldiers were laid to constrain such, but in a civil cause between party and party, he never heard of it before in his life.

Being asked (on my Lord of Strafford's motion) whether (he the Lord Ranalaugh was not a Captain of the Army before the Lord of Straf∣ford came, and whether he had not Commission by Soldiers, to levy part of the money due to him, from the Deputy and Vice-Treasurer?

He Answered, That before my Lord-Deputy came into Ireland, the course was, as he formerly touched, that where there was ar∣rear of Rents to the King, and these Rents did not come in to the Exchequer, then was assigned for the payment of the King's Soldiers, and the Acquittances delivered to the Captains, on part of their entertainment: and this Acquittance out of the Exchequer was given by a special Warrant from the Deputy, and according to that course, his (the Deputies method) was with other Captains, and thus he levied the Rent by his own Soldiers, by virtue of that Warrant.

Being asked when the Money was Assessed thus on Countreys, was it not by consent of the Countrey?

He Answered, (That if he hath not forgotten) when the Gentlemen of Ireland were here 1628. they were suitors to the King for se∣veral Graces, and they obtained several of them from His Ma∣jesty: among the rest (if he hath not forgotten) that in case of non-payment of Rents or Contribution, Soldiers might go, and lye upon the Defaulters,

Mr. Palmer observed, that when he speaks of Contribution or Rent, he speaks not of this course, to compell to obedience on Paper-Petiti∣ons. * 7.42 And so (he said) they would conclude with their Witnesses, reci∣ting, that their Lordships have heard the course taken, to secure that Power, my Lord of Strafford assumed to himself, in hearing of Causes. That this Usurpation on ordinary Courts of Justice, to whom it belongs, could not be secured without Arms in a Warlike manner, to compel obe∣dience. Their Lordships have heard how it was executed, that if the pro∣ceeding had been legal, the proofs of Law had been according to the calme and quiet Rules of Justice, but being an incroached Power, it must be executed by force, and Arms, and War indeed (for so it is in sub∣stance) on the Subjects of Ireland. That this was in time of Peace, the troubles of Ireland being long since appeased, and the People reduced to the condition of Subjects, governed by ordinary Laws and Magistrates: and now to put an extraordinary Power in execution, to compell the Sub∣jects by Act of Hostility, they conceive is within the Statute of 25 Ed. 3. A levying of War against our Sovereign Lord the King within His Realm. which is nominally Treason in that Statute, and shortly for this reason.

The King being invested with His Sovereign Power, whereby they are protected, but this Power being (instead of Protection) used by his Ministers to the subversion and destruction of His Subjects, doth on the matter, make an Invocation on the King himself, this being a bereaving the subjects of the Law by which they should live; dispossessing them by force of Arms, in warlike man∣ner, must be a war against himself, That Law is of force in Ireland, by 10 H. 7. whereby all the Laws made before that time, were made of force there.

And by a particular Statute made the 18. H. 6. this very offence of Sessing Soldiers by Lords, or any others, or any the Kings peo∣ple without their consent, is adjudged Treason, and the Offen∣der is to be judged a Traitor.

The Statute was read.

Statutes and Ordinances made in a Parliament, holden at Dublin 18 H. 6. ch. 3.

AN Act that no Lord or others, shall charge the Kings Subjects with Horse, Horsemen, or Footmen, without their good Will, and by so do∣ing, the Offender is a Traitor.

IT is agreed and established, that no Lord, or any other, of what condition soever he be, shall bring or lead from henceforth Hoblers, Kern, or Hood∣ed men, neither English Rebels, nor Irish Enemies, nor any other people, nor Horse to lye on Horseback, or Foot to lye on the Kings people, but on their own cost, without consent. And if any so do, he shall be adjudged as a Traitor.

Mr. Palmer concluded that this hath been done, and how their Lord∣ships have heard that this hath been done by Soldiers that profess hostili∣ty, brought from Garrisons, (the places of War) in great numbers, and * 7.43 indeed the number left indefinitely to the discretion of the Sergeant at Arms, in Warlike furniture, which is literally true in the case: And so he concluded the Article, expecting my Lord of Strafford's Defence.

My Lord of Strafford desired their Lordships would be pleased, to give him liberty to look over his Notes, and he doubted not but to give their Lordships a very clear satisfaction, by the help of Almighty God. * 7.44

After a little respite; his Lordship began his Defence in substance as followeth. And First,

He desired their Lordships would please to remember, that if he pro∣ved * 7.45 not all things so clearly and fully, the reason was obvious and plain, the shortness of his time, the Witnesses being to be fetched out of Ireland, and he having none but such as come accidentally.

That the other day he read to their Lordships, out of Sir Edward Cook's Book, that the Customs of Ireland are in many things dif∣ferent from the Customs of England: That for the things done in Ireland, he conceived he was to be judged by the Laws and Customs of Ireland, and not by the Laws and Customs of this Kingdom; and that his Commission was to execue the place of Deputy, according to the Laws and Customs of that Kingdom.

That what hath been opened to their Lordships to be so extraordi∣nary, he must justifie as very ordinary, frequent, and usually exercised by the Customs of that Kingdom: That in all times the Army of Ireland, and the Officers and Soldiers of it, have been the chief hands in executing all the Justice of the King∣dom, and of bringing that due obedience to the Kings authori∣ty, that's necessary, and fit, and due.

That if they had not been so used, he thinks (those who know the State of Ireland will acknowledge) the King's Writs had never run in Ireland, they being all executed by their Power and As∣sistance.

First, his Lordship undertook to make it appear, that (in case of bring∣ing in Rebels and Offendors of that nature, and forcing them to come

in) it had been the ordinary practice of the Deputy and Council, before his time, to Assess Soldiers, not only on the party, but the kindred of the partys, till the party be brought in, and yet it is no levying of War for all that.

And because his Lordship heard much speaking of Rebels and Trai∣tors, he desired to represent to their Lordships, what they be (viz.) a company of petit loose fellows that would be here ap∣prehended by a Constable.

Lord Robert Dillon was called for, and my Lord of Strafford desired he * 7.46 might be asked, whether it had not been the practice of the Deputy and Council, to Assess Soldiers, not only on the persons, but the Septs and whole kindred of Rebels?

Here M^r. Palmer interposed, that for saving of time, if my Lord makes this the Case, that Soldiers have been laid upon the Septs of Traitors or * 7.47 Rebels, that lye out in Woods, and esloigne themselves from the Kings protection, whom they call Kernes, Outlaws, and Rebels; they (the Committee) will admit the usage, though it will not justifie the Case, be∣ing expresly against Law; for by a Stat. 22 Eliz. If any lye out as Trai∣tors, or Rebels, five of the Sept that bears the Surname, shall be Fined at the Council-Chamber, but not have Soldiers laid on them; and against a Statute there can be no Usuage.

To which my Lord of Strafford answered, And these are but ordi∣nary * 7.48 fellows: And he desired their Lordships would clearly un∣derstand what is meant by Rebels, for every petty fellow steal∣ing Sheep, and the like, if the party be out in action, they com∣monly term such Rebels.

Robert Lord Dillon being asked, whether ordinary fellows in Ireland, passed not under the name of Rebels?

His Lordship Answered, That touching this point he hath observed, that when a party hath committed some Felony, or unjustifia∣ble * 7.49 Act, and withdraws himself into the Woods, a Proclamation is made, for his coming in by such a time, to render himselfame∣nable to the Law; and if he then comes not in, but keeps out, in commmon reputation he is accounted a Traitor or Rebel.

Sir Arthur Tyrringham being asked, whether of his knowledge the De∣puties * 7.50 and Council have not frequently Sessed Soldiers on Offenders and Rebels, when they could not be brought forth to Justice, and what is un∣derstood by a Rebel in Ireland.

He Answered, That it hath been the ordinary practice ever since he knew that Kingdom, since my Lord of Faulklands being Deputy there, and hath been ever practised there, both by him, and the Justices that came after him: That ordinary fellows be com∣monly reputed Rebels, with this observation. It is true, That every man is not a Rebel, at his first going out, though he be called so; but the course is first to proclaim them, and if

they be not ameneable to Law, they be Rebels, and so they may be for Felonies of a very small value.

To prove that most of the Kings Rents, as well Exchequer Rents, as Composition Rents, have been levied by Soldiers in all the times of my Lord of Cork.

My Lord of Strafford desired.

Iohn Conley might be called for; who being examined, how long since he hath been in Ireland: and whether in his time the Rents were not col lected by the Soldiers and Officers of the Army?

He Answered to the First, 15 years. To the Second, That he remem∣bers * 7.51 it very well, that in my Lord Faulklands time, it was an ordinary course, where the Kings Rents were due, to send some Horse and Horsemen, and takeup these Rents, and lye on them till they were collected and taken up. So in my Lord Grandi∣sons time, and in all Chichesters time; and this is all he cansay.

Henry Dillon was called, And First my Lord of Strafford desired li∣berty * 7.52 to defend the credit of his Witness, as to some exceptions taken to him the other day, and offered the occasion of the Order of Council-Board made against him, to be only this; That he said, he heard some such thing said, and thereupon was commanded to make an acknowledgement, and to this he was invited and perswaded by my Lord Dillon, for quiet∣ness sake, rather than he should be troubled about so small a matter, and that being granted, he supposed the Gentleman stood upright, and was a competent Witness in this or any other cause. To which some of the Committee for the Commons answered, That they except not against the hearing of him, but offer to their Lordships memory his acknowledge∣ment, that he spake falsly, as a weakening of his memory. And then,

Henry Dillon being asked, Whether he knew not that the Exchequer and Composition Rents, upon failing of payment, have been levied by the Army, on the appointment of the Deputy, or chief Governor?

He Answered, That he had known several Acquittances put into the hands of Sir Thomas Dutton, for Rents due on certain parcels of Land in the County of Longford, that were not paid into the Exchequer by a certain time, for which a-fore-time, Pursi∣vants issued out against the Tenants; that himself was one of the Tenants, and being out of Town, Sir Thomas Dillon seized three of his Horses, at his the said Dillons House, and there they re∣mained till he came to Town for 13 s. 4 d.

This being in the time of my Lord of Corke and my Lord of Ely being Justices.

Being asked, as to the Contribution and Composition-Rents?

He Answered, That some years before that, in my Lord Faulklands time when he lived in the County of Longford, that were not paid, he remembers 30000 l. was granted on the coming of Sir Iohn B.—into the Kingdom of Ireland, and afterwards, Six∣score

thousand pound toward, maintaining of the Kings Army, and there was a Troop of Horse of Sir Robert—sent in∣to the County of—But he knows not whether this be the Money called Contribution-Money; That he was then Sheriff of that County, and had direction sent to Sesse the Soldiers on them that refused to pay the Money. That at that time he con∣ceived that was not so fully understood by the Countrey, that they should have paid it, and himself and others did except a∣gainst it; conceiving the Money was not granted farther, than as they would willingly pay. And Valerian—on the Statute urged, of assessing Soldiers, refused to Assess Soldiers on the Warrant of my Lord of Faulkland; and thereon was sent for to the Castle, the Soldiers sent to his house and remained there, as long as he had Provision; and after that, from his house they were assessed on several Delinquents, as the Soldiers pleased to Billet themselves; and the Foot-Company of Sir Arthur Tyr∣ringham was then in that County. And one night he remem∣bers, 25 were Assessed on his own house, because he did not pay the Money: but he remembers not any thing of the Com∣position-Rents.

Being asked whether he had not seen a Warrant to this purpose, subscri∣bed by the Chief Governor?

He Answered, That being Sheriff of the County of Longford in 1634. or 1633. there were Warrants directed from my Lord of Cork, and my Lord Chancellor, and he thinks under the hands of the rest of the Lords of the Board, for levying Moneys allotted to the Soldiers, and he had three Warrants himself, and by virtue thereof levied Money, and paid the Money to the Troops there, under the hands of my Lord of Cork, and Lord of Ely, and the Council.

Sir Arthur Tyrringham being asked whether he had not received Or∣der, * 7.53 with a Warrant, for attaching a person in case of Debt, and for lay∣ing Soldiers on him in case he paid it not, and who was the person?

He Answered, That he had; And the Sheriff of the County brought the Warrant from my Lord of Faulkland, to lay some of his Men on a Debtor there, till he paid the debt;; That these Soldiers were laid, being under his command, and stayed till the Debt was paid, at the charge of the party; and he tells this particu∣lar in it, that makes him remember the whole circumstance: The debt was very small, not above 16 or 20 s. The Sheriff bringing him this Warrant, he did not a little wonder at the matter, to require Soldiers for levying such a sum. But it was then so ordinary and frequent, that it was seldom denied on a∣ny reasonable occasion: the Men stayed there some 8 or 10 days, when the party had enough, he sends to him the said Ar∣thur, to recall the men; that he told him he would, if he the said party had satisfied the Money; the party answered, he had not yet, but he would; that he the said Sir Arthur told him, what a strange man are you, that will keep a charge on

your self? where, if you had paid it the first hour, I would have withdrawn the Men.

Why, sayes he? I do not care for giving half a score Men a Meales Meat.

Being Asked (on Mr. Palmers motion) Whether it was a Debt between party and party, or the Kings Debt?

He Answered, He could not tell: But, the Sheriffs name was Flem∣ing.

Being Asked, Under whose hand was the Warrant?

He Answered, Under my Lord of Faulklands Hand, otherwise he would have levied no Money.

Lord Rainalaugh being Asked, Whether before my Lord of Straffords * 7.54 coming into Ireland, the Kings Debts and Rents, as well Exchequer as Composition-Money, were not raised by Assessing of Soldiers?

He Answered, That he remembers in the Lord Justices time, my Lord of Corke, and Lord of Ely (the Kings Rents being slowly paid in) they did usually give Acquittances out of the Exchequer, to the Captains and Officers of the several Companies; and, if they were not paid by some time limitted, and if the Sheriff, or the Collector, did not bring in the Money, the last resort was to fall on the Defaulters, by assessing Soldiers on them, and there to lie till the Money was paid.

Here my Lord of Strafford, conceiving he had spoken of Contribution and Composition-Rents, desired my Lord Rainalaugh might Repeat what he said.

Thereupon his Lordship Answered, That he thought what he said he was sure of, and might justly say: That for the Exchequer-Rents, and Contribution Payments (for the Compositions he would say nothing) the course was this. That for the Exche∣quer-Rents, the Vice-Treasurer gave out his Acquittances, These were assigned to some Captains, whose turn it was for Payment, and they, accompanied with a Warrant from the Deputies, to constrain the payment by some few Soldiers.

Hereupon my Lord of Strafford Observed; That this Cause would seem * 7.55 strange in England.

And whereas my Lord Rainalaugh spake of Contribution-Money, Mr. * 7.56 Palmer humbly desired, he might be Asked, Whether the raising of it by Soldiers, was not so agreed to in the Countrey? For my Lord of Straf∣fords own Answer sayes, The Countrey choose rather, that on Delinquen∣cy it should be so levied than otherwise; And, if it be by consent, the force of the Statute is taken away.

My Lord Rainalaugh being Asked accordingly?

His Lordship Answered, That he had already spoken to that purpose, and he believed, some of the Committee that were there had the particular Instance to produce.

Being required to name them in whose hands it was; His Lordship said, In Mr. Plunkets, or Mr. Brown.

Being Asked, When this course began?

He Answered, He did not remember the time; but, he thought, in 1628. on certain of the Agents out of England.

My Lord of Strafford did here offer, That if he might have Read the Antient Book in my Lord Faulklands time, he could have showed Sir Tho. * 7.57 Wayneman sent up and down, to this and that County, to fetch in the Composition-Rents, and that they have been thus levyed.

His Lordship added, That the next Point he should have endeavour∣ed to prove, was, That the Gentry that granted the Six score thousand pounds for Supply of the Army in my Lord Faulklands time, agreed, That the same should not be brought into the Kings Exchequer, but be levyed by Soldiers: nor be mentioned in any Accompt of the Kings, least it should be mentioned to their prejudice: but, let the Gentlemen that manages the Evidence, labour to prove this.

And Mr. Palmer declared again, That they agreed to it.

Whence my Lord of Strafford observed, That it concerned him both to * 7.58 make good the truth of his Answer, and to tell their Lordships, how nar∣rowly he is moved to look to himself; for, though they now agree it to be done by the Agents, and practised by them, yet the first part of this Killing Charge is, That he should Traiterously and Wickedly devise, to subdue the Subjects of that Realm, by levying Money on them.

But Mr. Palmer explained himself; That they did admit the Contribu∣tion * 7.59 to be levied by the Agreement of the Agents, and by consent, but they intend not to admit, that it did extend to a practice by his Pre∣decessors, for that it was formerly done, they did in no sort admit.

And Mr. Pym added, That they do not Charge him with levying the Contribution Money, but with levying Money after the Contribution, was * 7.60 paid, which was more than the Contribution, but that is not in issue.

So my Lord of Strafford concluded that Point; That the Contribution, for eight years before his coming, was levied by Soldiers, is admitted; So that for all the things concerning that Contribution, he did no more than was agreeable to the Agents themselves.

His Lordship then desired, That the Second Article of my Lord of Faulklands Instructions might be Read, by which he was expresly appoint∣ed to lay Soldiers on such, as paid not their Rent to the King.

And it was Read.

ARTICLE II. FOr the Collection of our Rents, in Cases of Default; That First a Summoning Process shall Issue: Secondly, The Pursivant sent: And Lastly, if this be not sufficient (in case the same be not levyed) then our Vice-Treasurer, by Warrant of our Deputy and Council, shall appoint a competent number of Soldiers of the next Ayding, and Garrison, to collect the Rents of the charge of the Parties complained of; having care, that no man be burdened with a greater number of Soldiers, than the Service shall necessarily re∣quire.

Mr. Palmer desiring, That the first Article of these Instructions might be Read, it was read accordingly. * 7.61

AT the humble Request of our Subjects, We are graciously pleas'd to direct, for the better preservation and ease of our Subjects, the Soldiers shall be called in, &c.

My Lord of Strafford from his Proofes inferred, That he had made it * 7.62 clearly appear, That, notwithstanding the Statute cited, it had been the frequent use and custome of Ireland, to assess Soldiers on Septs of Offen∣ders, for the levying of Exchequer-rents, levying Debts, as appears in one particular Case which is left in Dublin, for the levying of the Composition Rents by Troops of Horse and Horsemen; and for the Contribution, that State gives no difference, betwixt sessing for the Kings Rents, and for con∣tempts and disobedience to Justice, and certainly it would be High-Treason: for, if the Deputy had power to assess the Soldiers, without be∣ing guilty in the former Case, certainly his assessing of Soldiers on Con∣temners, to bring them to be ameneable to the Kings Justice, cannot be by any construction made Treason in him: So that though it comes not to the particular individuum, yet it comes thus far, that sessing of the Soldi∣ers is a power that was in the Deputies of Ireland, and so he trusts was by the Law of that Land, without making them Traytors.

His Lordship did further alleadg, That when he came into Ireland, he found that none of the Kings Rents were levyed in other manner; Paper-Attachments being given unto the Captains, and they, on these assigne∣ments, levying the Money for their Entertainments: that he was willing to remedy this, being not much in love with the course; and, since his time, it was never practised, the Rents being brought in before it comes to that; though if they had not been paid sooner, it must have come to that: And therefore he desired he might show them a Proclamation, Issued with∣in three months after he came into Ireland, to show, that he brought not the Custom with him, but found it there.

Which Proclamation was Read, being Dated 27^th December, 1633. And Imported.

THat whereas the Surplusage of his Majesties Revenue is appointed to be applyed towards the Payment of the Army, thereby to give the Countrey more ease, &c.

To which Proclamation divers of the Counsellors Names were added, and were now Read.

So that if Sessing of Soldiers, in any case, be Treason, certainly it is in this; Posito, That if the Law be good, it equally goes to both.

And so he conceives he hath shewed the use that hath been, and must be of the Officers of the Army, being the most ready way to procure obe∣dience to the Kings Courts.

His Lordship observed, That the Gentlemen at the Barr waved part of his Charge, though there was a Book in Print, wherein he appears to be charged in a Trayterous manner, to subdue, &c.

He waves the Article.

And though they decline it, he besought their Lordships he might give an Account of this particular, least it should stick with their Lordships, when they read the Article, and find no Answer to it.

But the Committee opposed it, as conceiving it not fit he should An∣swer to an Article to which he was not pressed (specially since they have not wholly laid it aside) and that he had notice yesterday, that they in∣tended not, for the present, to proceed upon it; which my Lord of Straf∣ford confessed, and gave thanks to the House of Commons for it.

His Lordship then proceeded in his Defence, setting forth to their Lord∣ships, That the first Instruction to my Lord of Faulkland is no limitation to him, it being not good, as to him, unless it were given him, which he mentions onely by the way.

For the Warrants charged to be by him Issued, and the Execution of them, His Lordship desires to free himself from the Testimony given by Mr. Berne and Mr. Kennedy, concerning a very foul misdemeanour com∣mitted by some Soldiers, under pretence of coming to see the Kings Writ executed, and his Justice complyed withal, before he comes to that, that concerns Mr. Savill.

1. It appears, these Soldiers were laid when he was not in Ireland; so that he is not answerable to any thing Deposed by these Gentlemen, further than that he gave a Warrant for it to Mr. Pigott.

II. He denies that ever Pigott had any such Warrant from him, nor is any Proofe to that purpose offered: Therefore it is not to be laid to his Ac∣compt.

III. Only Patrick Clear (sayes Pigott) threatned to lay Soldiers on some if they would not obey: but, because he threatned, therefore he had such a Warrant, is (under favour) no consequence; men commonly threaten most, when they have least to shew.

IV. Mr. Kenneday sayes directly, Pigott had done what he did by di∣rection; but, in express termes, he sayes, He never saw the Warrant.

Then there remained only Mr. Savill's Warrant.

This Warrant is not showed, nor comes it in Judgment against him: and though some Testimonies are given, that they have seen such a Warrant, for Assessing Soldiers, &c. yet he conceives it very hard, That the War∣rant should be the ground of convincing him of Treason, and yet the War∣rant not be shown, for what the grounds are, and what the Limitations may be do not appear: And, if there were such a Warrant, it is long since it passed from him; But, it is not shown; and therefore to convince him in modo & formâ is very hard to be done; for what may be in it to qualifie, or what amiss, no body knows. But, to the Proofs, his Lordship observed, That the Proofs are very scant; This great Mighty War made on the King and his People, in breach of the Statute cited, is one of the Poorest Wars that ever was made in Christendome; for, last Summer, one sayes, he knew Soldiers laid on one man.

The Sergeant sayes, He never laid above 6, sometimes 2, sometimes 3; and that this should be heightned to the making of a War against the King and his People, seems to be a very great strain put upon it, and more he hopes than the matter will bear.

That it was never complained of to him, all the while he was in Ireland, in respect of any manner of prejudice sustained by it.

That if there be such a Warrant, he is glad it hath been so moderately Executed, that no worse consequence hath come of it, than their Lord∣ships have heard.

But, he shall make it appear, that the Sergeant at Armes is a publick Of∣ficer; and, what Warrant soever he hath from him, it is not in relation to him, but to the execution and procuring obedience to all other the Kings Courts of Justice, as well as those of the Deputies Jurisdiction; and, it was onely to enable him the better to secure the Kings Right: And he desired, that Nicolas Ardah be examined, Whether he be not an Officer of the Exchequer in Ireland, and whether he knows of any particular Ses∣sing of Soldiers by the Sergeant at Armes, before my Lord of Straffords Go∣vernment? And being Askt severally these Questions;

He Answered, To the first; That he hath some Imployment in the * 7.63 Exchequer, and was imployed in a Commission of Church∣bounds.

And, that about the Second Year of His Majesties Reign, there was one Tho. Fitzgerard High Sheriff of a County, that had not perfected his Accompts, and not appeared to the Pursivant; The Lord Chancellor that now is, desired the rest to assist him to move my Lord of Faulkland to lay Horse on him; And that the Party was brought in within a short time after; but, whether by Soldiers, he knows not; but he heard there was a Warrant.

Mr. Savill being Asked, Whether the Warrant to him granted was not agreeable to former Precedents?

He Answered, That he never saw any other Warrant of the same Na∣ture: * 7.64 but, he hath heard by him that was his Predecessor (now a Captain of the Army) that he had received a Warrant from my Lord of Faulkland, to Sess Soldiers on the Land of Tho. Fitz∣gerard, who had refused to come to pass Accompts.

Mr. Henry Dillon being Asked, Whether he knew of any such Warrant formerly granted? And what Relation the Sergeant at Armes hath to o∣ther * 7.65 Courts?

He Answered, That he conceives, the Sergeant at Armes is an Officer, as well to the Court of Exchequer, as to the Chancery, on the last Process of Contempt. The last Process is a Writ to the Serge∣ant, to Attach a Man, whether betwixt party and party, or con∣cerning the King; and that he had spoken with Thimbleby, Ser∣geant at Armes, whether he did so in his own right, or as Depu∣ty? And Asking him, What he would do if the Warrant was disobey'd? and he pretended he would Assess Soldiers; and be∣ing a Scholar at—23 years, he heard one had Soldiers sessed on him for disobedience to the Sergeant at Armes; but, what the particular was he doth not know.

Here Mr. Palmer speaking some words, which my Lord of Strafford in∣terpreted * 7.66 an Interruption; his Lordship desired, That no hasty words might be misinterpreted, he being for his Life and Children; and added, The Gentlemen will do well not to put him out of his way, but let him speak the poor few things he can for himself, and then leave them to their Lordships wisdom. And then proceeded.

So he supposed there could be no such severe construction put upon this Warrant, that it should be adjudged a levying of War against the King and his People, when it appeares to be the using of half a dozen, some∣times two or three Soldiers to lye on refractory persons, and bring them to be conformable to Justice; that the Kings Law might be obeyed, with∣out any Treasonable or corrupt intention whatsoever: And, he hopes their Lordships will have a more favourable and compassionate conside∣ration, than to Judge him a Traytor for such a piece of business, accom∣panied with all these circumstances.

But he added, That some wayes he is more qualified then an ordina∣ry person, by reason he had the honor to be His Majesties Deputy; and, by His Commission, had power to pursue Rebels, and to use the Kings Army for punishing of Rebels, or securing the Publick Peace of the Realm, as in his discretion he should think fit; and, that he conceives, a Warrant, though there had been no President in the Case (but with these accom∣pany'd) cannot be laid on him as a Crime. For this, he refers himself to his Commission, which had been formerly read, and therefore trusts this will not fall into their Lordships Judgment as a High Treason, he be∣ing to govern according to the Customes of the Realm: There is a Sta∣tute 10 H. 7. cap. 17. whereby it was Ordained, Enacted, and Estabished by Authority of that Parliament, That from that time forwards there be no Peace nor War undertaken in the Land, without the Deputies Li∣cence; but, all such War and Peace to be made by the Lieutenants, for the time being; And this comes in time, after the Statute of 18 H. 6. This was never complayn'd of as a fault, and no ill consequence followed on it. If a Man shall enter by force, and wrongfully keep away possession, that may be as well said to be a levying of War as this; and yet a forcible En∣try is familiarly punish'd in the Star-Chamber, but not spoken of as a Trea∣son.

As to the Statute in Ireland, of 18 H. 6. cap. 3. An Act, That no Lord, or other, shall Charge the Kings Subject, &c.

HE Conceives, he cannot be brought within compass of this Sta∣tute: For,

I. He hath heard it said, That the King cannot be concluded in any Statute, unless he be particularly named, and consequently not his Chief Governor: For, these words, No Lord, or any other, of what condition soe∣ver, &c. Must imply, a condition of a Lord, or one under a Lord, not a condition above a Lord, as the Chief Governor is.

II. He shall not lead, or bring. He hath neither brought, nor lead them into Action; for the Sergeant at Armes hath done it, though under his Warrant.

III. It speaks of bringing English Rebels, or Irish Enemies, or Hood∣ed Men, Hoblers, Kernes, &c. But, that sending of the Kings Soldiers to apprehend and attach such Refractory Persons should be within the Statute, is a Stretching of the words of it very far.

IV. Notwithstanding this Law, the Chief Governor hath alwayes used to assess Soldiers (and Practice is the best Interpreter of Lawes) and yet his acts have not, by this Statute, been concluded Treason; since they have Compounded for it, and they pay a great Rent; The Composition Rents paid for their discharge from the assessing of the Army, being one of the greatest Revenues before his coming there.

And, if their Lordships will have it proved, there be few of the Irish but know it; And, in Conaught the King may take, or leave as he pleases.

Though he shall not insist on it (as desiring never to depart from their Lordships Judgment, nor thinking himself more safe in any other; there∣fore freely and voluntarily he puts himself under their Lordships Censure, for his Life, as for his Death: But, if he should insist on it, admitting all this, That it was a Treason by the Statute-Law of Ireland, yet he is not Tryable for it here: But, he makes no use of it to that purpose; but, had he a Thousand lives, he would humbly lay them every one at their Lordships feet.

He added, That it is a very heavy Case, that such old Laws as these should be started, in this manner, when the Practice hath been quite con∣trary; and Kindled, to destroy him and his Posterity at a Blow. But, he trusts, God Almighty hath provided better for him, by their Lordships Fa∣vour and Justice: For, though the Gentlemen at the Bar are much more Learned than himself; yet, it may be, they are not so well Read in the Irish-Statutes, as they be in the English: Besides, he is most confident, he shall make it appear that Statute is Repealed.

And, if it falls in his Judgment, their Lordships (he hopes) will find, he had Reason to think, what he shall offer, might be available; and, that their Lordships will not be offended if he mistakes the Law; and this, as in other things, he desires the Advantage of by Counsel, concerning these Points of Law, before he be finally concluded.

First, By the Statute of 8 Ed. 4. ca. 1. (and, had these Gentlemen seen these Statutes, he believes they would never put it in Charge against him.) Whereby it is Enacted, Confirmed, and Ratified, by Authority of the said Parliament, that the said Statute be Adjudged and Approved in force and strength; and the said Statute may be of force in this Land from the 6^th day of March next; and that from henceforth the said Act, and all Statutes and Acts, made by Authority of Parliament, within the King∣dom of England, be Adjudged and Ratified from the said 6^th day of March.

This comes in time, after the Statute of Treason of H. 6. and, Ratify∣ing all the former Statutes of England, Ratifies the 25^th of E. 3. in Eng∣land, which is the Statute of Treason: and, 1 H. 4. which sayes, no∣thing shall be Treason, but what is said to be Treason within the said Statute of 25 E. 3.

So that nothing can be Treason in Ireland, but what is Treason by 25 E. 3. or 1 H. 4. or something subsequent, for these being confirmed later, do take away the Statute of 18 H. 6.

Secondly, By the Statute of 10 H. 7. c. 22. and this is a Repeal in Judgements, far better then his own. The former was for another pur∣pose. By this, all the Statutes made in England before that time, are brought to be Laws within Ireland; and, all Laws contrary to these Laws are hereby repealed. But, the Law urged by those Gentlemen is against the Laws of 25 Ed. 3. and 1 H. 4. and consequently is repealed very clearly; and, the words are these in effect; It tells of the Benefit and Ad∣vantage that might come to them, after the English Laws should be brought in; And, if any Statute have been made contrary to them, the same to be annulled void, and of none effect.

And, that it hath been so taken and conceived, that that Law is Re∣pealed, he hath, as he conceives, a Judgment in Parliament clearly on his side, to clear him, as to this Treason, That the Deputy hath power to Assess Soldiers, in Cases where he shall think convenient.

It is a Power, which (God forbid) any Many should exercise, but with all fair Intention, and Mildness that possibly can be; and he speaks it, not to draw any inconvenience on that Kingdom (he being willing to spend his Life for them, rather than do them any hurt) nor will he carry from this Bar the Remembrance of any thing of their Unkindness, in Pro∣secution (he means not them that are Members of this House:) praeter gratuitas Cicatrices, and will never look the worse on them he Vowes to God.

The Statute is 11 Eliz. ca. 7. Being an Act for taking away Cap∣tainship, and all Exactions belonging thereunto from the Lords and Great Men.

WHereas, Most Gracious Soveraign Lady, The Lords and Chieftaines of this Realm, in the time of desolation of Iustice, have arrogated to themselves Absolute and Regal Authority, &c. For Remedy whereof, your Faithful Subjects most humbly beseech it may be Enacted, &c. That no Earl, Viscount, Baron, Lord, &c. dwelling within this Realm, shall assume, &c. the Name of Captain of any Countrey, except such as hath, or shall have the same by Letters-Patents from Your Majesty, &c. or by the name of Captain, or

therwise exact for the finding of him, or them, their Horse, Foot of or upon any of your Majesties Subjects, Tax, Sess, Subsidie, &c., nor shall call toge∣the people of the same Countrey to Treat, Conclude, and Agree for making War or Peace, &c. Sess, nor lead the people, &c. without the Great Seal, or Warrant from the Lord Deputy, &c. upon pain to every Earl, Viscount, Baron, or Lord, &c. for every time 100 l. of lawful Money of Ireland.

Whence he inferred, that here is a Commission, that the Deputy and chief Governors have power to Assess, and yet are no Traitors; a penalty which they would have spared, had they thought that Law to have been in force.

So that as he hath been free in his heart from any Treasonable designe towards His Majesty or His People, and as he hath been innocent to God Almighty within doors, so from this Statute he shall stand clear abroad, and this cannot be brought as to this Case, to convince him of Treason.

And his Lordship did recall one thing in the Lord Dillons testimony, (which he had formerly omitted) That the Assessing of Soldiers was on men being in Rebellion for any unjustifyable Act.

And so his Lordship conceived, there remains no more for him to do at this time, but to answer that objection.

That this proceeding of his, was Treason, by 25 Edw. 3. though he had thought Treason had been like Felony in this respect; That there must be a felonious intent to make Felony, and so to make Treason, there must be a Treasonable intent. And he said (God knows) he had no Trea∣sonable intent in all this, for if he had a mind to have raised War against the King and his People, surely he should never have done it by laying two or three Soldiers on a private man, and then taking them off again; And is this that levying of War against the King and his People, that is meant in the Irish Statute of 25 Edw. 3?

The words of which Statute his Lordship read, viz.

If any man levy War against the King in His Realm, or adhere to His ene∣mies, &c.

He appeals to their Lordships, desiring them to lay it to themselves, and tell him whether 2 or 3 poor Soldiers sent in this manner to bring in a man, that will not be lyable to the Kings Justice, could by any con∣struction, be brought to be a War levied against the King and his People? which, said he, if it be an error, he knew it was no Treason, for he had thought it had been for the Honor and Authority, and Justice of the King, and not done as an enemy to him.

And therefore all laid together, though he must needs say, Men are dark towards themselves, and towards their own Cases, and less able to judge, than in the Case of other men; in truth, under favour, withall Hu∣mility, and submission to their Lordships better judgements, he cannot believe nor fear, but for any thing proved this day against him, as he is clear in his heart from all Treasons, and treasonable Intentions towards the King and His People; so he stands clear from Treason upon this Charge, not only in respect of the Irish Statute, but likewise the English Statute; and he shall beseech their Lordships, when it comes to its time, they will give his Council leave to urge these things for him, who he is sure will be able to do it with far greater reason and strength than himself, it being out of his profession.

Here his Lordship took notice, that there was another part of the Charge which he desired to speak to: but Mr. Palmer said, That was subsequent, and not yet come to.

To which his Lordship Answered, That he should do all things with∣out offence, only so long as he doth mannerly move any thing for his clearing, he hopes he may do it.

And so the Defence was concluded.

And then Mr. Palmer replyed in Substance as followeth.

That their Lordships have heard a very long Defence, made by my * 7.67 Lord of Strafford, and that he would not apply himself to inforce any thing by circumstances, but to represent the truth, and to avoid those things offered by way of Answer, for most part of that may be confessed, and yet avoided.

Whereas my Lord of Strafford hath made the greatest part of his De∣fence in matter of Fact from Usage, their Lordships may please to consider, * 7.68 that there can be no legal Usage contrary to an Act of Parliament, made before time of memory, as 25 E. 3. in England, and 18 H. 6. in Ireland, much less can there be Usage for committing of Treason.

The Usage insisted on, is First, for Soldiers being Assest on Septs, till Rebels and Traitors not apprehendible, were brought in; and by Rebels, his Lordship would have understood, not Rebels against the King and State, but petit Offenders and Felons, and for that did examine Witnesses: But the Witnesse says, That when such had committed Felony, and withdrawn themselves into Woods, a Proclamation went out to call them in, and if then they came not in, they were esteemed Rebels, and Soldi∣ers were laid on their Septs, which is not to lay Soldiers on Subjects in time of Peace, when they will not conform to his private Orders.

The Stat. 11 Eliz. describes what the laying Soldiers on the Sept was, viz. When Outlaws and Rebels lye in the Woods, and will not be apprehend∣ed with the ordinary Arm of Justic, then five of the best of the Sept shall be Fined, but not, that Soldiers shall be laid on them. And this be∣ing a Statute and lately made, must needs give the Rise to this laying of Soldiers on the Septs by the Council-Board, instead of a Fine; so this is no justification or excuse, it not bringing a full Answer home to the present Case; nor is this of right to be justified.

The next Usage was concerning the Kings Rents, which Mr. Conley on∣ly extends beyond the time of my Lord of Faulkland, he speaks of it in the time of my Lord Grandison and Chichester, yet it was no positive Te∣stimony, and he was an old man, and his Evidence uncertain for those times. Besides, there was no account given of the certain reason, whe∣ther by a legal Process or no: For there might be due Process award∣ed, and a Writ of Assistance, to carry the power of the Countrey, and so the thing be done by legal authority; and therefore since it can∣not be applyed to any rule, it must be intended to be an illegal power, if at all.

The rest were all for Rents in the time of my Lord of Faulkland. The instructions were produced by my Lord of Strafford himself in time 1628. which was before my Lord of Faulkland went out of that Government.

And by these instructions there is an Agreement, and it is taken to be for the benefit of the people, that the Kings Rents should be levied by Soldiers; so that for all the time of my Lord of Faulkland, and the Ju∣stices since, it was within the compass of the Instructions, and reduced to the consent of the people, and the words of the Statute are, No Soldiers shall be Assest without consent, but this remains charged to be by force, and against consent.

That concerning the Contribution-money, in which another Usage is alledged, is set forth to be an agreement of the people, That because it might not come into the Exchequer, to be made a Precedent, it should not be levyed by ordinary Process, but by Soldiers, if it were behind, it be∣ing assigned for relief and pay of Soldiers, and being by consent is out of the present case.

Sir Arthur Tyrringham speaks of this Use in case of a petit debt of 16 * 7.69 or 20 s. on a Warrant from my Lord Faulkland, which is the only Case of Debt prooved, but he could not tell whose or what debt it was, nor how determined or judged. If it were the Kings debt, it might be one of the Rents, or some duty leviable by consent of the people; neither did he say, it was on a suit before the Deputy, and therefore that will not come to the Case.

For that my Lord Dillon was called again touching Contribution, Com∣position, and Rents; Composition-Rents fall under the same Considera∣tion.

That Sir Thomas Wayneman laid soldiers is but an affirmation, and ex∣pects no answer, (but if the Information be true) he used very vio∣lent courses, for it hath appeared he hanged a man, without any occa∣sion.

My Lord produced the Instructions of 1628. and out of them inforced, that it might be lawful for him to levy Soldiers with authority; but it appears by the first Article it was consented to at the writing, and for the Benefit of the Subject, as was before answered; and that very much mo∣ney was assigned for the Soldiers, and it may be proved (if there be occasion) That there issued Acquittances to the Captains of the Compa∣ny, to deliver to the persons from whom the Money was due, in case of payment; and if they did not pay by consent, Soldiers were laid, and not otherwise.

For the Proclamation of December 1633. whereby the payment of His Majesties Rents and Revenues was ordered, it recites divers Rents were behind, that the surplusage would not pay the Soldiers, that by want of Money, the Soldiers might make irruptions on the County; That accord∣ing to direction, to prevent inconveniencies, Moneys should be levied, which had Rise from the Instructions, 1628. For the time of it was 1633. A Proclamation might well second that which was setled before, by the In∣structions: If it did not pursue them, surely the Proclamation was an of∣fence in it self, and then there is no justification of a Treason by a Trea∣son, but it might have been as well objected against, as this in hand; But it is true, it hath the countenance of these Instructions.

But on all these, there is no pretence of forcing submission to my Lord of Strafford's Orders.

After Usuage his Lordship observes the Testimonies produced, and takes exceptions to that of Berne; that the ground of his complaint was, when my Lord of Strafford was in England; That it was done by Pygott's Warrants, who was not proved to have any Warrant from him. It is true, there is no full and precise proof, that Pygott had his Warrant from my Lord of Strafford. But though it was done after his coming for England, yet if his Warrant were made before, though it were executed in his ab∣sence, it will lay it on my Lord of Strafford. But we say the Warrant was made before, and to Pygott as well as Savill. One Witness says, Pygott himself did vouch my Lord of Strafford to have given him his Warrant, it was my Lord Lieutenants Warrant, he was my Lord Lieutenants Sergeant, the Soldiers were my Lord Lieutenants Troopers; the Soldiers laid by Savill, are by my Lord Deputies Warrant, proved to be under his Hand and Seal, and many Witnesses are in Savills Case produced. And whereas my Lord says, no Warrant was shewed; if himself had not excepted against it, a true Copy had been produced, and if none be shewed, it is his own fault; but my Lord of Strafford should have shewed it, if any thing was in it to qualifie the matter, for it is proved he gave authority, and by his authority the Soldiers were laid.

Whereas my Lord says, this cause was not complained of, Berne gives the reason, he durst not complain there, but came over hither to complain, and hath prosecuted the complaint.

My Lord of Strafford was pleased to aske Ardah, what he heard con∣cerning laying of Soldiers?

It is true, he and Savill mention the laying on Soldiers on Fitzgerard but it was for the Kings Money, and they spake it not on their own knowledge, but by hear-say, and it was done but once; and whether since the Instructions, it doth not appear, and if it was since, then it was by consent, and this Fitzgerard lay out as a Rebel, and if it was done, it was done under that capacity. To that point a Witness was produced.

Mr. Kennedy being Interrogated, Whether he the said Fitzgerard did did not lye in the nature of a Rebel when Soldiers were laid on him?

He Answered, That this Fitzgerard was Sheriff in the County of Corke, and failing in his Accompt at the time, Process was issued on his Recognizance, and he held out three or four years. That he, (the Deponent being then the Kings Remembrancer) thought it his duty to acquaint the Barons of the Exchequer, that he could not be found, but kept abroad in the Woods, being a man of good Estate; and then on acquainting my Lord of Faulkland with it, a Warrant was procured to the Sergeant at Arms.

Henry Dillon says nothing of the Usage, but pretends one Thimbleby said he had a Warrant, but whether he had a Warrant, or did execute it, appears not.

And if it be so, it appears not for what time, when it was, nor out of what Court the Process came, upon which the last Assessment was made.

This is all offered in matter of Fact; my Lord proceeds to other justifications. First, That His Majesties Deputy is so qualified, that he hath power to resist Rebels and secure Peace: and it is true, he hath power, but he hath no power at all to make a War, especially in time of Peace: now all things are appeased there, and no occasion is given of a War; only that Soldiers be maintained for a Nursery of Martial Disci∣pline, but there is no occasion of Soldiers to be laid on the Kings people.

He alledged a Stat. 10 H. 7. that no War or Peace should be made, but by the Deputies Licence; and therefore he infers, that by the Deputy War might be made; It is true, where there is hostility or Rebellion, then to oppose and repress that Rebellion, the Deputy may make a de∣fensive War; but to do it in time of Peace, on the Kings people, that are under the Government of His Majesties Laws, is to make War on the Kings Subjects, under His Peace and Protection, and consequently, on the Sovereign Power that doth protect them.

He would compare it with forcible Entry, but the circumstances do very much diversity it from Riots, or forcible Entries; It is done by Sol∣diers that come furnished with all warlike Ammunition, brought from Garrisons, the places of War, brought with an Officer, brought in num∣bers; and though the Lord of Strafford extenuates the numbers, yet the Sergeant at Arms was unlimited. So the power given to him, was a vast power, to take such a number of Soldiers as he should think fit.

His Lordship observes, that the Stat. of 18. H. 6. cannot conclude him, because Statutes here in England do not include the King, unless he be no∣minated in them, the Committee expected not to hear this reason; That because the Kings Sacred Person is not mentioned in a Statute, who cannot be within the blemish of such an offence, therefore it should not extend to a Subject. This is to take a power above Law, and make himself equal to Sovereignty, to say that he should not be comprehended more than the King himself.

He says he did not lead the Soldiers, but only gave a Warrant, and therefore this should not be Treason; but though he leads them not, the Commander is an Actor; and to give Warrant for Treason, is Treason.

He says this is a Statute-Law in Ireland, and not examinable before their Lordships here. Mr. Palmer alledged, that he would do my Lord right; that he submitted to their Lordships Judgements, and craved leave to give answer to that point, and said, The Laws of Ireland are devised from the Crown of England, the King being seized of it in the right of his Crown of England, and as a parcel of this Crown: The power they have to make Laws there, is derivative from the Crown of England, and they did thankfully accept them from the first Conqueror: Since that, they had power to make Acts of Parliament, but that is subordinate, the Laws there are the Laws of England applyed to that place: As any particular custom of a place, not the general Law of the Land, is the Law of that place by a general custom, and yet may be judged out of the precincts of that custom; so the Laws of Ireland are the Laws of that Kingdom; yet may be judged by this Supream Court, out of the limits of Ireland. Though in an inferior Court, when a thing questioned in Ireland, is brought

by Writ of Error, they judge according to the Laws of Ireland, not of England.

And my Lord hath prayed, and werequire, that he may be judged ac∣cording to the Laws of Ireland. So this Law of 18 H. 6. may be judged by their Lordships, though it be a Law in Ireland. But my Lord urges, that this Law is repealed, and for that he gave reasons on many Acts of Parliament; First, a Statute made 8 Edw. 4. That is made to a particular purpose, reciting one particular Statute, and repealing that, and then by a general clause, ratifying and introducing all the Statutes of England in∣to Ireland. This being but on a particular occasion, with such a general Clause, will not be applyable, however, it will be the Answer to that that follows. It is a general Clause to introduce the Laws of England, and shall not have that reflexion to repeal any Law of force in Ireland. This introducing of our Laws thither, shall not work to repeal their Laws, but make a consistance of both Laws, so far as they may stand together. On that Mr. Palmer said, he would not enlarge himself, it being not mat∣ter of Fact, and it was not expected that matter of Law would have been insisted on, and therefore he leaves it to those that shall hereafter give their Lordships satisfaction in point of Law.

That which my Lord called a Judgement in Parliament, 11 Eliz. re∣cites that it was in time of desolation of Justice; That the Captains had brought oppressions on the people. It was in a time, when, though the Irish had been victi long before, yet they were not brought perfectly un∣der subjection of the Laws of England, there then remained Rebellions and Tumults; It was in time of Hostility and War, And that Statute gives but an Implication neither, that Captains should not Assess without the Deputies Warrant: And it follows not, that therefore he hath authori∣ty to do it. But howsoever the thing be, this was for defence of the people, to make resistance against Rebels. But the thing in charge was in time of peace, and full government of the Law, and so that Statute will give no justification at all.

My Lord of Strafford concluded, that there was no Treasonable Intent in this, and therefore it should be no Treason on the Statute of the 25 Edw. 3.

My Lord recited the words of the Statute, Not to be only the le∣vying of the War, but adhering to the Kings enemies; but these glos∣ses are not to be confounded but severed. The adhering to the Kings enemies, is one offence within that Statute, Levying of War another; so that if there be no Adherence, yet if there be Levying of War, it will be Treason.

And this levying of War, it was on the Kings People; perhaps there was no intent upon the Kings Sacred Person; yet if it be against the Kings People, such a levying of War is Treason; ordinary Cases of Fe∣lony are to be against the Kings Crown and Dignity, though it be the Homicide of a mean Subject, it is against the Kings Crown and Dignity, because it is against the protection and safety of that man that is the Kings Subject; and so the levying of War on the Kings People, by laying Soldiers in this hostile manner, being against the protection, by which they are governed, against the safety, by which

the King is to defend them. It is a War against the King, his Crown, and Dignity,

This is the Answer to the Defence. And Mr. Palmer concluded, That he conceived the Charge of the House of Commons, in matter of Fact, was fully maintained, and for matter of Law, if there remain∣ed any scruple, a farther Argument, and stronger Reasons should be offered hereafter.

And so a Recess being granted for a day, upon the Humble Request of my Lord of Strafford, the House was Adjourned, and Saturday following was appointed for the next meeting.

[article 16]

THE Sixteenth Article. The Charge.

16. THat the Earl of Strafford the Two and twentieth of Februa∣ry, * 7.70 in the 7^th year of His Majesties Reign, intending to oppress the said Subjects of Ireland, did make a proposition, and obtained from His Majesty an allowance thereof, that no com∣plaint of injustice or oppreision done in Ireland, should be recei∣ved in England against any, unless it appeared, that the party made first his address to him the said Earl, and the said Earl having by such usurped, Tyrannical, and exorbitant power, ex∣pressed in the former Articles, destroyed, and oppressed the Peers, and other Subjects of that Kingdom of Ireland, in their Lives, Consciences, Land, Liberties, and Estates; the said Earl to the intent, the better to maintain and strengthen his said power, and to bring the people into a disaffection of His Majesty, as a∣foresaid; did use His Majesties Name in the execution of the said power.

And to prevent the Subjects of that Realm of all means of complaints to His Majesty, and of redress against him and his Agents, did issue a Proclamation, bearing date the 17^th day of September, in the Eleventh year of His Majesties Reign, there∣by commanding all the Nobility, Undertakers, and others, who held Estates and Offices in the said Kingdom, (except such as were employed in His Majesties service, or attending in England by His special command) to make their personal Residence in the said Kingdom of Ireland: and not to depart thence, without Licence of himself.

And the said Earl hath since issued other Proclamations to the same purpose, by means whereof the Subjects of the said Realm are restrained from seeking relief against the oppressions of the said Earl, without his Licence; which Proclamation, the said Earl hath by several rigorous ways, as by Fine, Imprisonment, and otherwise, put in execution on His Majesties Subjects, as namely, one Parry, and others, who came over onely to com∣plain of the exorbitances and oppressions of the said Earl.

April 3. 1641. Mr. Palmer Proceeded in further Maintenance of the Charge of High-Treason, by the Commons of England, against the Earl of Strafford; and said, They were now entring upon the Sixteenth Article of his IMPEACHMENT, and shewed;

THat from the Former Articles had been represented several and divers sorts of Crimes; and how that in every of them their Lordships might perceive a Power assumed by my Lord of Strafford, above, and contrary to the Laws, and destructive to them in every part, so far as concerned the Subject Matter; and, how these Multi∣plications of Acts did presuppose an Habit, and evident∣ly proved that main Charge, wherewith he was Accused, viz. His endea∣vouring the Subversion of the Established Laws and Government, and to intro∣duce an Arbitrary and Tyrannical Power.

And, that by this Article it would appear unto their Lordships, that those Exorbitances that were done in Ireland, were prepensed and intend∣ed, before his going thither; That those Oppressions were so by him done; and, that he might Countenance it, the Article Charges him, that on the 22^th of February, in the 7^th year of the King, he procured from his Maje∣sties own allowance, that no Complaint of Injustice, or Oppressi∣on should be received in England, unless the Party made first his Ad∣dress himself to the Deputy, and this was obtained on his repairing to that Government: And this was to be observed by the Secretaries here, the Masters of Request, and all others by whom Complaints might have passage to His Majesty; and, it remained as a Caution, that none should be admitted.

It is true, many specious Reasons and Arguments were subscribed to this Proposition, but the effect of them was, to take the Reines of Rule into his own hands, to prevent the immediate access and approach of the Sub∣jects to His Majesty, in their seeking of redress for their Grievances.

And, in the 11^th year of the King, after some time spent there, to pre∣vent them of all meanes of Redress, their Complaints being before Imbar∣gued, that they could not be received, no person at all must come over without License; There must not be a Rumour of what was done in Ire∣land, but such as he should so Authorize. To that end, by colour of some Laws in Ireland, concerning them that were to maintain their Lands against the Irish in times of Hostility and Rebellion; and, under colour of some Instruction, for their keeping their Residence on their Lands, as also of a Letter to that purpose from His Majesty, he is Charged; that on the 17^th of Sept. 11 Car. he issued a Proclamation, and that Com∣mands the Nobility, Undertakers, and others that held Estates in Ireland, to reside there, and not to depart without his Licence, and so restrained

them from seeking Relief against his Oppressions, without his Licence. To them that desired Licenses, he deny'd them: On them that adven∣tur'd to repair hither without Licence, he imposed Fines and Imprison∣ments for transgressing that Proclamation; and, howsoever this may be Coloured with Pretences of Instructions, and Letters from His Majesty, it is an Usurpation on Regality, and an undermining of the Protection of His Majesty over His People.

For Proof thereof,

Iohn Loftus being Sworn, Attested; That the Copy of the Proposi∣tions, * 7.71 made by my Lord of Strafford, was taken out of the Clerk of the Councils Office, and was a true Copy.

The said Propositions were Read.

At VVhitehall, 22^th of Feb. 1631.

Propositions to be considered of by His Majesty, concerning the Government of Ireland.

These Propositions were entered according to His Majesties plea∣sure, signified by Mr. Secretary Cooke.

These Propositions made to His Majesty by the Lord Wentworth Lord Deputy of Ireland, and Lord President of the North, were Read and Ap∣proved of at the Council Board, 17^th Feb. 1631.

There being Present, &c.

THat no particular Complaint of Iustice, or Oppression, be ad∣mitted here against any, unless it appear, the Party made first his Address to the Deputy, This is but Iustice to the Deputy, who must needs, in some measure, be a Delinquent.

Whence Mr. Palmer Inferred, It did appear that this was to be Enter∣ed, and remain with the Secretaries, Masters of Requests, and all others whom it might concern.

The next thing is the Proclamation, in effect as followeth;

17^th of Sept. 11 Car, By the Lord Deputy and Council. A Pro∣clamation, That Noblemen, Undertakers, and others, shall be Resident here.

After the Preamble it Imports,

WE therefore, in Obedience to His Majesties Royal Command signified by the said Letter, Do Publish, Declare, and make known His Princely Pleasure, That all the Nobility, Undertakers, and others that hold Estates and Offices in the Kingdom (such on∣ly excepted, as are imployed in His Service in England) do here∣after make their Personal Residences here; And not depart to Eng∣land,

or other place, without Licence of us the Lord Deputy, any former Letter to the contrary notwithstanding: And, in case we the Lord Deputy shall have notice of their Contempt of His Maje∣sties Will, We shall proceed against them in an Exemplary way to deter others: Therefore we straightly Command all manner of per∣sons to take notice of this Proclamation.

Mr. Palmer observed, That by the Propositions, all Complaints are pre∣vented: by the Proclamation all persons are restrayned from coming over without the Lord Deputies Licence. And, that in pursuance hereof, se∣veral persons that have required Licences have been refused; That many of their occasions to come over, were Complaints against the Deputy him∣self; That such use hath been made of this Act, that the Committee of the House of Parliament there were restrained from coming over, on pretence of this Prohibition.

Witnesses were produced. And first,

Richard Wade being Sworn, was Interrogated, Whether my Lord of * 7.72 Esmond did not require Licence to come into England, and if it was deny'd him? And, Whether he had not a Suit depending with my Lord of Straf∣ford, and he would not let him come over till Publication passed, where∣by he was prevented of examining his Witnesses?

He Answered, That in August, 1638, my Lord of Esmond sent him with a Petition to my Lord Deputy, for Licence to go to make an end of the Cause, wherein my Lord Lieutenant was Plain∣tiff; That he delivered the Petition to my Lord Lieutenant himself, and waited on him every day for his Answer; that he could not get Licence on that Petition. That, after this, in Mi∣chaelmas-Term, 1638, as he takes it, my Lord of Esmond pro∣cured the Kings Letter; This Letter he delivered to my Lord Deputy, by direction of my Lord of Esmond; but, in this, could not get Licence: So that he was deteined from Aug. 1638, till April following, and he thinks till Publication was granted.

Lorky being Sworn, and Interrogated touching my Lord of Esmonds * 7.73 restraint, till the passing of Publication,

He Answered, That when my Lord of Esmond heard, that my Lord of Strafford had Incerted him into a Bill, amongst other Defen∣dants in the Star-Chamber, my Lord desired leave to come to England, to make his Defence in that Cause, and to appear in it in person, because without his Lordships leave he could not come over, by vertue of this Proclamation. My Lord sollicited his leave, first by a Petition, Aug. 1638. afterwards by several Letters, some, he (the Deponent) carried to his Lordship, who still denied leave, and would not suffer my Lord of Esmond to come over, till after Publication was granted in the Cause, which he conceives was in April; my Lord of Esmond having sollicited from April, 1638, till Aprill following.

Richard Wade Interrogated, What my Lord Lieutenant said to him, concerning my Lord of Esmonds coming over? * 7.74

He Answered, That on delivery of the Kings Letter to him, when he looked on it in the evening, the out-side (said my Lord of Strafford) is Secretary Crookes hand; and, to morrow morning, if you attend me, you shall have an Answer.

That the next morning, he (the Deponent) came to the Se∣cretary Carr, who told his Lordship, The Deponent was there.

That my Lord sent for him, the Deponent, to his Study, and said, What needs my Lord of Esmond be so importunate, for he can do nothing there; but his Attorney and Agent may do it. Indeed, said he, the Deponent, My Lord intends only to go over to get a Commission to justifie his Innocency: Why then saith my Lord of Strafford, I will not give way, he shall have no Commission but what is out already: and, if he have any Commission, it is but Negative.

And, Mr. Palmer observed, That by this meanes my Lord of Esmond * 7.75 came to be Sentenced; and, Mr. Maynard added, That so might the most innocent Man.

Lord Roche Sworn, and Interrogated, Whether he did not demand a * 7.76 Licence, and was deny'd; and, in what suit he thought to be re∣lieved?

He Answered, That he prayed my Lord to give him leave, and he deny'd him: That his occasion to come over was about an In∣formation, preferred against him half a year before in the Star-Chamber: conceiving, that there were some intentions against him, that tended much to his prejudice, by my Lord Deputy, and Lord President of Munster, who were the occasion of the Infor∣mation, as he conceived; and, that he intended to come over, hoping he might do something with the King, and their Lord∣ships; and, when he demanded Licence (his Lordship coming to take Ship, and he (the Deponent) conducting him) he de∣ny'd it him (the Deponent) and the Suit was not pursued in five or six months; and, till my Lord went over nothing was said of it, which was five or six months more.

My Lord of Strafford desired he might be Asked, Whether he was not then Prisoner in the Castle? he alleadging, That he was in prison for di∣vers * 7.77 great Misdemeanors, and being Interrogated accordingly,

He Answered, That he was not a Prisoner in half a year after, till my Lord came out of England; nor was the Cause followed in five or six Months after he propounded a Licence to his Lord∣ship, which was the day his Lordship went Aboard.

The next case offered is the case of Dermond Mac Carty, who had a Suit against him several times, dismissed in a Court of Justice, which my Lord Deputy took afterwards into determination himself, and made an Order

against him in the Cause that was so diminished: Mac-Carty, Grandchild to him against whom the Order was made (who was not bound by the Order; having no Land, nor Office in Ireland, and so not bound by the Proclamation) desired leave to come into England, to Complain indeed of this Injustice, though he pretended it was for his Education, but was deny'd by my Lord, and by others in his absence, because my Lord had deny'd him before.

The Petition subscribed by my Lord Deputy himself was Read, my Lord Acknowledged it to be under his own hand.

To the Right Honourable the Lord Viscount Wentworth, &c.

THe humble Petition of Dermond Mac-Carty, showing, That your Petitioner, for his Private Occasions, specially for better Breeding and Education, is desirous to Travel into the Realm of England; He therefore most humbly prayeth, your Lordship will be pleased, to Licence and Dispence with his Iourney thither, And he will ever pray, &c.

Dublin-Castle, 28 Iune, 1637.

FOr Our Reasons, best known to Our Selves, We think it not fit to Grant the Petitioners Request; but do rather hereby ex∣presly inhibit, and forbid him to Transport himself into England, or any part beyond the Seas, without Our Licence first had in that behalf: And, of these Directions the Petitioner is required, not on∣ly to take notice, but also obey the same, as he will answer the con∣trary at his utmost Peril.

On a second Petition preferred by Mac-Carty (because my Lord Depu∣ty had refused to give him Licence) Sir Christopher Wainsford did also re∣fuse his Licence.

The Petition, and the Answer thereunto purporting to that effect, were Read.

Iames Nash Sworn, and Interrogated, Whether the occasion of these Petitions was not to Complain of that Decree, made by my Lord Deputy, in a Cause, that had in a Court of Justice been dismissed?

He Answered, That he knew the passages of all the Causes, having * 9.1 been a Sollicitor and Agent for the Father of Mac-Carty, and waiting on their occasions in Dublin. That after the obtaining of two Dismissions in the Suit, my Lord did Order and Decree for Sir Iames Craig 5496 l. against Mac-Carty. And, on this Decree, an Order, to Dispossess him of all his Fathers Estate; and he being Banish'd into a Foreign Part the young Man, for fear, would not come in and appear; but, hoping to have Re∣dress in England, did Petition in this matter, in desire and hope to have Redress in that dismission made by the Lord Strafford.

Mr. Palmer Opened the Case of Parry his Fine and Imprisonment, who is mentioned in the Article; That he was Servant to the late Lord Chan∣cellor, was Examined before my Lord Deputy of some things that con∣cerned his Master, and had Answered so much as it pleased my Lord to require of him. That after this (being used to follow my Lord Chan∣cellors occasions) my Lord Deputy, to prevent his coming over, refer∣red him to further Examination before the Iudges, whom he attended five or six dayes, but there was nothing to examine him upon, for he had delivered all that was required, as fully as he knew; That finding my Lord Chancellors occasions very urgent, he came into England; and, as soon as he came hither, it seems he was followed with directions thence; for, by Warrant from Secretary Cook he was apprehended by a Messenger; and the Warrant expresses it, that he was one that came over without Li∣cence: That he was turned over to Mr. Ralton, my Lords Agent, and must give Bond to repair, and make his appearance in Ireland: Before that Bond was discharged, he did return; and, after his return, he Peti∣tioned to be Discharged of this Bond, he conceiving he might come over without Licence, having no Estate nor Office in Ireland; yet notwith∣standing he was Sentenced, Fined, and Imprisoned. It is true, the Cause expressed in the Sentence, is, Because he went away not being Examined; and the Sentence expresses, That he is not Fined for coming without Li∣cence, but because he came away without being Examined.

Henry Parry Sworn, was Interrogated, Whether the Copy showed un∣to * 9.2 him was a true Copy of Secretary Cooks Warrant?

He Answered, That he examined it with the Original.

The Warrant was Read.

THese are, in His Majesties Name, to will and Command you, to make your present repair to any place, where you shall un∣derstand of the—of Henry Parry Gent. lately come out of Ire∣land without Licence; and, by Vertue hereof, to take him into Cu∣stody, and keep him safe till you hear from me.

Greenwich, 20 June, 1633. To Thomas Welch, Messen∣ger of the Kings Chamber.

Henry Parry being Interrogated, What were the Proceedings with him about his Examinations in Ireland, before his coming over? And, What was the whole Process of the business?

He Answered, That 21 April, 1638, my Lord of Ely, then Lord Chan∣cellor, his Lord and Master, was Committed to the Castle of Dublin, and, no sooner Committed, but he (the Deponent) was sent for to the Council Board, and, an Oath Administred to him, by the Clerk of the Council, on my Lord of Straffords di∣rection. That thereupon his Lordship Interrogated him, Where the Great Seal was? He answered his Lordship, That he knew not where it was, unless it was with my Lord of Ely: And, af∣ter his Lordship had Examined him to that, he Commanded him

to attend the Iudges the next day, to be Examined on some Pa∣pers of his (the Deponents) which his Lordship had seized and brought to the Council 〈◊〉〈◊〉, and thereupon he was dismissed at night. That Monday next (this being Saturday) he attend∣ed the Iudges alone to be Examined, and attended not only that day, but five dayes more, from thence to Saturday. That on Saturday, my Lord of Ely told him, He had occasion to send him over into England, and desired him to go: That he did come away with some Letters from his Lordship, to some of his Lordships Friends here; And, as soon as he came here with Instructions from his Lordship, the Instructions were given to his Lordships Friends, to Sollicite His Sacred Majesty for his Relief, and Enlargement out of Prison; and he continued a matter of two Months or thereabouts; and on that, one Thomas Welsh, by Vertue of Secretary Cookes Warrant, attached him, and kept him in Restraint about three weeks. At the end of three weeks he was sent for to Mr. Ralton, who told him, It was Se∣cretary Cookes pleasure he should enter into Bond to go into Ire∣land, else he should be sent by a Messenger.

That he (the Deponent) Answered, He could not pay a Mes∣senger, but if he could not get leave to stay, he would enter in∣to Bond to go to Ireland: That Mr. Ralton took a Bond, to ap∣pear the 10^th or 12^th of August following, this being in Iuly, 1638. That he came into Ireland according to the Tenor of his Bond. That my Lord of Strafford being to go into the Coun∣try, he presented himself before his Lordship in the Gallery at the Castle, and acquainted his Lordship, that he was there to attend his Lordship, according to the Tenor of the Bond. His Lordship Asked him, Who took his Bond? he acquainted his Lordship, That it was his Agent Mr. Ralton. His Lordship Asked, What Warrant had Mr. Ralton to take Bond of you? He, (the Deponent) acquainted his Lordship, He did not know any Warrant he had: but, he said, He had direction from Secre∣tary Cook.

My Lord Asked further, Where he took the Bond, if at the Signet-Office? No: said he (the Deponent) It was at his own house. My Lord Answered, That he (the Deponent) might do well to attend at the next sitting of the Council-Board. And, that he (the Deponent) going away, his Lordship called him back, and said, Methinks, Mr. Parry you are much Sun-burned, the weather is very hot in England. He (the Deponent) An∣swered again, The weather is very fair. His Lordship Interro∣gated him, Where my Lady Moore was? and, How she did? He (the Deponent) acquainted his Lordship, She was in Eng∣land.

Here my Lord of Strafford interrupted him, Asking, If this was to the * 9.3 Business? but, having direction to go on,

He Added, That my Lord Asked him, Why he did not stay abroad to help my Lady Moore to spread abroad her Malice against him (my Lord of Strafford) to which he (the Deponent) said, He could say nothing: and so was dismissed. That afterwards

he attended with a Petition of my Lord of Ely's; and, that my Lord Asked him, Where his Petition was? He said, He had not any, but presented his Person. His Lordship told him, That it was Councel-Board-day for Petitions, and wished him to come some other time: yet after, was called back, and had an Answer to the Petition. That the Tuesday following, (as he takes it) he appeared before his Lordship again, without any Petition, not knowing any cause he had to Petition: That, the next day after he Petition'd; and on Reading his Petiti∣on, the Constable of the Castle was called, and thereupon he (the Deponent) was Committed, and Censured (as he was told the next day) 500 l. That his Lordship Declared the Order of the Board, That he (the Deponent) was Fined 500 l. Bound to his Good Behaviour; Committed to the Castle of Dublin; and to Acknowledge his Offence at the Board, and to Mr. Ral∣ton; and there he continued in Prison, and was utterly Ruin∣ed.

Being Asked, Whether he was heard to Answer in the Cause? or, Whether he was Examined after his Return?

He Answered, That he never put in Answer in Writing, nor was there any Petition against him, but only his own Petition; nor further Required to be Examined from that day to this.

Being Asked, How much of his Fine he paid?

He Answered, That before he could see his Order, he was fain to pay Sir Paul Davis 45 l. and, when he saw his Order for reducing it, for it was reduced from 500 l. to 250 l. of which he paid 184 l.

Mr. Palmer proceeded, observing, That the next thing was, a Refu∣sal * 9.4 of the whole Kingdom to Present their Complaints: It is true, said he, it was not by my Lord of Strafford himself, but it ensued on these Acts, and Proclamations; and that was hindering the Committee of the Parlia∣ment that were to come over, to make a Remonstrance of their Grievan∣ces to His Majesty.

Sir Robert Smith being Sworn, and Interrogated, Whether he was * 9.5 imployed by the House of Commons to come over hither? and, Whether he was deny'd Licence?

He Answered, That we were sent for by my Lord Deputy Wains∣ford, and he put us (as we conceived them) several catching Questions, as, If they had not my Lord Deputies Licence, and the Boards. Whether they would repair to England or no? We Answered, That, in obedience to the House of Commons, we did intend to repair to England. No, sayes my Lord Deputy, Answer me Catagorically; Would you go or no, If we would Command you not to go? to this we Answered, No: being be∣tween two Jurisdictions, both from His Majesty; for, we had a Command from the House of Commons, and a Counter-Com∣mand

from His Majesty, and we were denied Licence, and a re∣straint of Ships, for that cause they conceived to restrain them.

Being asked, whether the Deputy did know the House of Commons had ordered them to come over, and yet refused?

He answered, the Lord Deputy did know it, it was apparently known to all the Kingdom.

Mr. Fitz-gerard being examined to the same points, as Sir Robert Linch. * 9.6

He Answered, That after the the Session of Parliament, 1 Octob. last, and the House of Commons had travelled till the 6 Nov. in the affairs of the Kingdom, the grand Committee had heard and discussed many grievances general and particular, and voted them to the House. That about the beginning of Nov. the House entred into consideration of those grievances, and drew up a Petition of Remonstrances to be presented to the Lord De∣puty, which was voted in the House of Commons 7 Nov. 9 Nov. the whole House attended with the Speaker, and the Speaker read it publiquely before him. The grievances were of that nature, that they did Humbly, and of Right (as he re∣members) petition for redress of those grievances; that the House conceiving the Parliament would be Prorogued, or Dis∣solved before Redress was given, they entred into considera∣tion of a course to present it to His Majesty. And 11 Nov. made an Order: that the Committee should be appointed to repair to England with a Caution, That if Redress should not be had before Dissolution, or Prorogation of the Parliament, that Committee should not proceed. 12 Nov. it was Prorogued without Redress; that the next day after Prorogation the Com∣mittee was summoned to attend at the Board, and there was interrogated severally on a question, as far as he can remem∣ber, viz. Of their intention to go into England, whether they would aske leave to go into England? and admitting my Lord Deputy should command them not to goe, till His Majesties pleasure was known, whether they would go? To all they were severally to answer, and Catagorically (this was my Lord Deputies word) after Answer given, they were ordered to with∣draw, and being called in again, it was made known by the Lord Deputy Wainsford; That he and the Lords had consider∣ed the whole matter, and bade them take notice, there was a Proclamation, restraining all the Subjects of Ireland to make repair to England till application was made to the Deputy. That he engaged them in Allegiance, not to depart, till he (the Lord Deputy) had known His Majesties pleasure, whe∣ther they should goe or no, which he would labour to know speedily.

The next thing Mr. Palmer offered, was the Irish Remonstrance, which was read.

To the Right Honourable the Lord Deputy, The humble and just Remonstrance of the Knights, Citizens, and Burgesses in Parlia∣ment. THe Petitioners do conceive great and strong fears of a Procla∣mation published in this Kingdom, Anno 1635. Prohibiting men of Quality or Estate, to depart this Kingdom without the Lord Deputies Licence, whereby the Subjects of this Kingdom are hindred and interrupted from free access to His said Majesty and Privy Council of England, to obtain remedies against their just grievances, as their Ancestors have had, since the Reign of H. 2. and great Fees exacted for the said Licences.

And so Mr. Palmer summed up the Evidence, That by the Proposition * 9.7 made before my Lord Deputies going over, it appeared what was in∣tended, That no complaints of oppression should be made without ad∣dress, First, to the Deputy, and what followed, declares plainly the exe∣cution of it; That notwithstanding the injustice and oppression done, complaints could not be received. By the former Article, their Lordships have heard what he did there, and the great causes of complaint; After in time, is the Proclamation, their Lordships see the use made of it,, that those who had made complaints against my Lord himself, and his Orders, were refused to have Licence; some that adventured to come without Licence were Fined and Imprisoned to their utter ruine. The whole Parliament, when the Order was well known, were refused to have Licence; it is true, not by my Lord of Strafford, but the Deputy, who coloured his denial from these Acts of my Lord of Strafford; what fears they had, their Lordships may apprehend by the Remonstrance; My Lord of Strafford assumed a great power to himself, all Addresses being first made to him, and the Subject thereby excluded from His Majesty, till such address was made; so that his Lordship is not Par negotio, but Supra, above all the authority committed to him; not an Accessary but Princi∣pal; not in the nature of a Subject but Domini, and so he expected his Lordships Answer.

My Lord of Strafford after a little time of recollecting himself, be∣gan * 9.8 his Defence in substance as followeth.

That he should only apply himself to the things in charge, as near as he could, and give the fairest Answer he could, where, by the way he alledged, That he might very justifiably say, he had never in his life other thoughts or intentions before his going into Ireland, or during his abode there, but justly and faithfully in the service of His Majesty and the King∣dom; nor did he ever desire, or intend any thing, so much as to introduce the English Laws and Government there: And whereas he is charged with a subversion of the fundamental Laws, he may say, he thinks, with Truth and Modesty, that the Laws had never so free a passage, that never any Deputy gave less interruption to the proceedings of the Law, than it had, during all his time: That it did not appear by all that hath been said, that there was any stay of legal proceedings; for all the Causes spoken of him, came originally, and primarily, before they depended in any other Court; and that he never hindred, but gave all furtherance to the pas∣sage

of the Common-Law; and therefore if their Lordships find (as they cannot but expect from him much) Error and mistakes, he besought them out of their Goodness and Nobleness, to apply it rather to his In∣firmity and Weakness, than to any habit of ill he had got, as he trusts, he should make appear to their Lordships. The Charge, is to have pro∣cured, with an intent of oppression, a stop of all complaints of Injustice, that none might be received in England, unless it appeared, That the par∣ty did make his address to him.

To prove this, the Gentlemen have read a Proposition of his, made before his going into Ireland, and as appears, by their own shewing, such a Proposition as was allowed and approved of by their Lordships at the Council-Board. He desires that in this (as in all things else) he might not be taken in pieces, but altogether; for if they take part, and leave what they please, they may make a man speak strange things; and therefore he desired their Lordships would hear the reasons inducing that Proposition as well as the Proposition it self, being under the Clerk of the Councils hand, and so attested by Mr. Ralton: The Proposition and Reasons were accordingly read as followeth in substance.

Feb. 1631. A Proposition amongst divers others, entred in the Regi∣ster of the Acts of Council 22 Feb. 1631. follows in haec verba.

THat no particular complaint of Injustice or Oppression be ad∣mitted here against any, unless it first appear he hath made his Address to the Deputy.

And indeed, this is but justice to the Deputy, who must needs in some measure be a Delinquent, if the complaints be true, as being in chief universally to take care that His Majesties Justice be throughly complyed with in that place; and therefore good reason his Judgement should be informed, and his Integrity first tryed, before either be im∣peached; Nay, it is but justice to the Government it self, which would be exceeding scandalous, through the liberty of complaints, and the Mi∣nistery therein extreamly discouraged, upon every petit matter to be drawn to answer here, when the thing it self is for the most part either injuri∣ous, or for which, the party might have received good satisfaction at his own door. But where the complaint appears formally grounded, and where due application hath been made to the Deputy, without relief to the party, let it be throughly examined, and severely punished, where∣soever the fault proves to be, especially if it be corrupt or malicious; for so he shall not only magnify his Justice, but punish an unfaithful Minister, or clamorous Complainant, and his service shall thereby be bettered.

From whence my Lord of Strafford inferred, That by this it might appear to their Lordships, his intent was not to assume any greater Au∣thority, than became him to desire; but meerly to prevent clamors and unjust complaints, and that they might be redressed nearer home with∣out Complaint, and no way to hinder any mans just complaint.

And so it had no relation nor aspect to himself, but meerly to the fur∣thering of the Kings Justice. And so that Proposition could not (he conceived) be turn'd upon him, otherwise then as Just and Honourable. For the Proclamation it self, and the staying of men from coming with∣out

Licence (the thing complained of) he begged leave to acquaint their Lordships with some particulars.

He conceived, by the Laws of Ireland, no man that is a Subject and Liege-man there, can come from thence without Licence from the De∣puty, but it is very penal, and to that purpose he would mention two or three Statutes of that Kingdom; One is the 26 H. 6. ca. 2. The Title whereof is, An Act that the Kings Subjects, or Officers in Ireland, may be absent by the Commands of the King or Governor, or Council, without Cen∣sure of, &c.

The words of the Statute in substance.

Also it is decreed and agreed, that none of the Kings Liege men (who comprehend all, as he conceives) or Officers of the Land, go out of the Land, but by Commission from the King or his Heirs, Lieu∣tenant-Iustices, &c. All the Rents, Benefits, Offices, or other Possessions by their said Absence, shall be seized into the Kings hands, &c.

Whence my Lord of Strafford inferred, That if they go without the Go∣vernors Licence, there is a forfeiture of all these.

Another is 25 H. 6. Ca. 9. It is ordained, &c.

That if any Liege-man be out of the Kingdom, by the Commandement of the King or his Heirs, or the Lieutenant there, Deputy-Iusti∣ces, or Council; Their Rents, &c, shall not be seized, &c. Whence his Lordship inferred, That if they go without Licence, they are punishable for it.

The next is a certain Article, preferred by certain Irish Agents then in England in May 1628. or thereabouts, long before he was thought on for a Deputy in Ireland, either by himself or any body else; and this is from their own desire and Petition,

Being attested by Mr. Ralton to be a true Copy, one Article was read, being in substance as followeth.

May 1628. TO the Kings most Excellent Majesty, the humble Petition of Your Majesties faithful Subjects, appointed Agents to pre∣fer certain humble Requests, &c. to your Highness, in behalfe of your Kingdom of Ireland.

After the Preamble, amongst other things it contained,

That His Majesty would be pleased, that in respect of the non-resi∣dence of many great men, who spending their Estates abroad, the Kingdom was impoverished, and great sums of Money transported; Order might be taken, that both they, and all Un∣dertakers, on whom Estates have been bestowed, for the bet∣ter supporting and improving of the Kingdom, may make their personal Residence, at least half the year, and not to depart without Licence.

His Majesties Answer was given in these words.

ALL the Nobility, Undertakers, and others, who hold Estates and Offices within that Kingdom, are to make their personal Residence there, and not to leave it without Licence, such persons excepted only, as are imployed in Our Service in England, or attend here by Our special Command.

Next my Lord of Strafford desired, he might read the Lord Faulklands Instructions, which, as he conceived, were pursuing to this, and they were, as he takes it, 24 May, 1628. which being attested by Mr. Brooks to be examined by the Original, was read.

C. R.

Instructions to be observed by, or, &c. Henry Viscount Faulkland, or Council there, &c.

ALL the Nobility, Undertakers, and others, who hold E∣states, or Offices in that Kingdom, are to make their personal Residence there, and not to leave it without Licence; such persons only excepted, as are employed in Our Service in England, or at∣tend here by Our special Command.

Next His Lordship offered His Majesties Letter of 20^th of Ianuary 1634. Commanding the publishing of this Proclamation, which Mr. Ralton af∣firming to be a true Copy was read.

C. R.

To the Lord Deputy of Ireland.

WHEREAS amongst other things in the Graces vouchsaf∣ed to Our Subjects, 1628. We signified Our Pleasure, That the Nobility, Undertakers, and Others, holding Estates in Ireland, should be resident there, and not to depart without Licence: And being now given to understand, That notwithstanding those Di∣rections, divers persons (not of the meaner sort) take liberty to pass into this Kingdom, or foreign parts, as if they understood not what they owed to Us in their Duty, or themselves in their evil Carriage, which presumption we may not long suffer, &c. We do therefore hereby Will and Require you, by Act of State, or Proclamation, to make known Our Pleasure, That all Nobility, Undertakers, and others, that hold Estates and Offices, (such persons only excepted, as be imployed here, &c.) do hereafter make their personal Residence, and not depart for England, or other place, without privity of Our De∣puty, any former Letters to the contrary notwithstanding.

And because We resolve to have this course constantly observed (if you shall have notice of any Contemner of this Command) Our Will and Pleasure is, That you proceed against them in an exem∣plary way to deterr others; And for so doing, this shall be your Warrant.

My Lord of Strafford observed, That he might well have hoped, that this being required by the Laws of the Land, that no man should de∣part without Licence, but it should be penal to him, having their own Articles, which desire the same thing; That by this Proclamation the * 12.1 Power of my Lord of Faulkland was established upon him; and the Kings Command for the issuing this Proclamation, being justified by the Kings own Letter, so that this should not have been laid to him, for so great and high a crime as it hath been represented to your Lordships; and he trusted that by that time, their Lordships thought it not so great a crime, as it might at first seem to be.

That he was not very hasty in issuing the Proclamation, (he having no interest in it, nor nothing to drive him forwards) for tho His Majesties Command was, bearing date 20 Iune 1634. yet the Proclamation issued not till Sept. 17. 1635. And because all he had said, had been turned on him as a crime, his Lordship gave this further Answer,

That there could be no Proclamation made by the Deputy alone, (he being absolutely restrained by his Commission, not to make a Proclama∣tion without the Council) therefore he could not be singular in the fault, but had the consent of all the Kings Council; and for instance, in matter of Law, the Chief Justices are sitting at the Board, to whom all matters of Law are referred, and they are answerable for it; and are so learned, that they could not do things so frequently, without good authority; and this he offered in excuse of this, and all other Procla∣mations, not doubting but it was according to the Laws and Customs of the Land.

And for further satisfaction, that part of his Commission that concern∣ed the Proclamation was read, and in this particular he desired leave to offer something more with all Humility, that tho none of these were for his justification, yet for Reasons of State, this Restraint was most necessary; for whosoever goes over Deputy, while these two great men (to term them no worse) O Neal and Tir-Connel, have Regiments of the most an∣tient Irish Septs, serving the King of Spain, under their Command, it is ne∣cessary for him to have an eye upon them; for if every one might withdraw himself at pleasure, without giving an account, it would open all the power and means that possibly can be, to distemper that State, and cer∣tainly if that liberty might be granted, he feared it would produce sad events in that Kingdom.

Moreover, if all the Primogeniture and Nobility of that Religion, should be suffered to go over to Doway, St. Omer, and the Jesuites Colledges, it was to be feared, they should not be so well brought up for the service of the King and Common-wealth, as may be desired; and therefore it was necessary, according to the constitutions of that Kingdom, that they shall give an account to the Chief Governor; And it was no other than what is practised here in England; no man being at liberty to goe hence into France without Licence. And certainly, said he, it is an Account we owe to the King, and stands with the Law of nature. Pater Familiae may take accompt of his own Houshold, and the King being the great Fa∣ther of the Common-wealth, we owe this Accompt to him; Therefore he conceived it can be no great offence in him, to do this on these grounds; and as he recommended the prosperity of that Kingdom, and His Maje∣sties affairs there and here, to God, by his Prayers and good desires; so he wishes it might be taken into good consideration, that this may be continued as a principal and necessary expedient, to give His Majesty that

account, without which, the Governor shall not be able to take just mea∣sures of things there. His Lordship then observed, that something had been observed, that was no part of his Charge, and therefore presumed their Lordships would not expect an answer to it, or conclude him any way in their Judgement guilty of it, since the means of giving that sa∣tisfaction, which otherwise he should have done, are now taken away.

But when they came to be complained of in their proper place, he is ready to give such an account, as becomes a Just and Innocent man. But that which seems to be the foulest of them, was that concerning my Lord of Esmond, of which he remembred very little; but something darkly, and if it appeared not as he should say, he was extreamly mistaken; for what he did not know or remember, he would not speak of it confident∣ly, and in short, the point is this.

Two men swear that he (the Lord of Strafford) denied liberty to my Lord of Esmond to come for England, Aug. 1638. and that he was kept in Ireland, and could not have Licence to come away till April 1639. His Lordship confessed it to be very true, and that he remembred my Lord of Esmond desiring to go over, was stopped by him a while, (he being Sergeant Mayor-General of the Army) the Army having occasion of mo∣tion, and that he was sure it was much about the time, if his Memory failed him not extreamly, (but when it came to this time, and he had means to produce witnesses, he hoped to make this appear) besides, he was mi∣staken, if he did not very shortly after give him a Licence, and that he found not occasion to make use of it; and if that was was so, all they said was taken away, for he afterwards finding it to draw towards win∣ter, laid aside the Licence till the Spring, at Spring he asked it, and had it; but in these things not judicially brought against him, and to which he could not make certain Answers, he hoped he might stand clear, and unprejudiced, till he may answer positively for himself; and then as their Lordships should find him, they might judge of him: and he should ever most willingly submit to their Judgements, and abide it whatever it was: And whereas the Witnesse said, my Lord of Esmond was hindred, because he had no Commission to examine Witnesses, my Lord of Straf∣ford said, he was able to prove, that a Bond was granted him to examine Witnesses.

And the Witness being accidentally there, his Lordship took notice of Gods providence from that, and said, God Almighty was willing to help and assist him wonderfully in his Trial, and that his Goodness to him in this Cause had been a great deal more than he would trouble their Lordships withal at that time; but he said, he was confident, God had him in his protection, and would never forsake him; and whatsoever he should loose in this world, he would make it up to him in another world.

And for this purpose Mr. Riley was produced, who being questioned, whether he was imployed in suing out a Commission for examining of witnesses in Ireland, in a Cause concerning my Lord of Esmond, and Sir Peirce Crosby?

Mr. Riley Answered, That he was imployed as Clarke in the Cause, where Mr. Attorney was Plaintiff, by Relation of my Lord Lieutenant against my Lord of Esmond and Sir Peirce Crosby, * 12.2 and when that Cause came to Commission, they for the Defen∣dant brought Commissioners names, and did joyn in that Bond, but he cannot remember the time.

Being asked (on Mr. Maynards motion) whether Sir Pierce Crosby, or * 12.3 my Lord of Esmond fued it out? He Answered, he could not directly say; but the Clerk for the Defendants could.

Mr. Ralton being asked to the same point. * 12.4

He Answered, that he remembers, that about this time, 1638, or 1639. Commissions were sued out in the business, between my Lord Lieutenant and my Lord of Esmond, and Sir Pierce Crosby, and that he was very confident, that my Lord of Esmond had the benefit of examining Witnesses.

My Lord of Strafford observed, that these Gentlemen stirred up those * 12.5 things, to beget an ill opinion of him, but in short answered, they were not in his Charge.

And further, That he conceived my Lord of Esmond was stayed on a complaint of Sir Walsingham Cokes, concerning a practice of his, to the endangering of Sir Walsingham's life. And that he was stayed upon that account, to be examined, and if he (the Lord Strafford) was not mistaken) my Lord Esmond was, after examination left at liberty; But these things he said, were rather aggravations of his Charge, than within the Charge, and there∣fore he humbly conceived, that in these cases their Lordships would allow him liberty, and hoped the Gentlemen will like∣wise allow it, that so he might satisfie them, their Lordships, and all the world, that he hath carried himself justly and fairly in all these particulars; Also assuring himself, that these Gentle∣men were willing he should give the best answer to all these things he could; And so he would, and that with all respect and reverence to them in the world.

The next Case is my Lord Roches, and his Lordship conceives, that my Lord Roche himself gives a fair answer, for he was inform∣ed against him in the Starchamber, and my Lord of Strafford said indeed, he remembred there was such an occasion for it, as he was willing to forget it, for that noble Gentlemans Cause, and that the complaint was of so high a nature against my Lord Roche, as he was not willing to press it, to his prejudice, nor ever did, but where there was great reason: and when he should come to answer for it (for he imagines it is not expected he should answer it finally now, being not within his Charge) Heaven should justifie him, and shew that he had reason to stay him at that time.

The next is Dermond Mac-Cartyes: and, the Cause of his stay ap∣pears to be, That he would go abroad for his Breeding. Now if he and such other should go to Doway and S^t Omer, he thinks their Lordships and the House of Commons would have blamed him more for giving him and such persons leave, then faulted him for restraining them: And, had he alleadged, That he in∣tended to go over to Complain of that Decree, he would not have hindred him; and, to that purpose, he hath Witnesses, that he never stayed any Man, that pretended he would complain of him. The Decree was made by a Letter from His Majesty, on a notable fraud of Mac-Carty (the Father) in the Case of Sir Iames Craig, and he that Swears in it is Solicitor in the Cause, and so not altogether so competent a Witness.

But, these are all on the by, and come rather to prove an Intention, then that which is pressed on him, as a thing to which he is pro∣perly and finally to Answer.

The next is concerning the Sentence of Mr. Parry, in which business my Lord humbly offered, That no Testimony is yet produced, other, than the Testimony of the Party himself. Now, if the Judge may be Convinced, and Condemned on the single Testi∣mony of the Party grieved, he knows no man would willingly sit in Judgment on these Termes: and, out of this single VVit∣ness (being qualified with the attribute of the party grieved) Must he be Condemned, that was one of the Judges?

But, as they have Proved nothing Judicially, that can weigh with their Lordships, it will be fit for him to justifie himself for this Sentence, so far as comes to his share, for all the whole Board consented to it: And therefore he besought their Lordships, to give him the honor, To offer the Sentence given against Mr. Parry, where∣in their Lordships would see the Reason, that it was not for de∣parting without Licence, but for great and foul neglects and contempts to the Board.

Mr. Gibson Attesting it to be a true Copy, the Decree of the Deputy and Council was Read, being in substance; * 12.6

WHereas Henry Parry, one of them who attended the Lord Chan∣cellor, as his Lordships Register-keeper, or Clerk for private Iudicatures, and Keeper of the Books of these Private Proceedings, was Commanded to attend the Board to be Examined; And whereas in Contempt thereof, he not onely neglected to attend accordingly, but de∣parted this Kingdom, which being represented to His Majesty, it pleas∣ed His Majesty to require his return hither to attend this Board; To which end a Bond was taken for his Appearance here the next Council∣day, after the 12th of Aug. and whereas he was present himself at this Board 9th October, 1638, but offered no Petition; as if he disdained so far to humble himself to this Authority; whereupon it ebing made known to him, That it became him, in the Duty he owed to the dignity of this Board, to come by Petition, as all other Men: but he forbearing to exhibit his Petition, till he was called by us the Deputiee to do it; and then when he exhibited it, he therein misrecited his Of∣fence; alleadging it to be for his repairing to England without Licence;

Licence; whereas his Offence was, The disobeying the Orders of this Board. Secondly, He laid a Tax on William Ralton Esq Alleadg∣ing, That on pretence of Direction from Secretary Cooke, he took his Bond for Appearance here, whereas he knew it was not by any feigned direction, but by appointment of Secretary Cooke, by His Majesties Di∣rection. Thirdly; In stead of humbling himself, he desired Cancelling of his Bond, and Dismission from attendance; and the rather, because he conceived he had not in any degree transgressed the Proclamation; cautelously alledging that to be his Offence, which was not laid to his Charge. And, for as much as his first Offence in Estoyning himself to shun the guilt whereof he was convinced; and after his bold and insolent be∣haviour at this Board (in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board) deserves such proceedings against him, as may be both Punishment to him, and Example to others: It is therefore Ordered, That he stand Fined in 500 l. Bound to his Good Behaviour; stand Committed to the Castle during the Deputies pleasure; and make acknow∣ledgment of his Offence at this Board. And, the Form of his Submission is set down, I Acknowledge I presented a Presumptuous and Un∣true Petition, &c. Given 30 October, 1638.

The Names of those that Subscribed it were also Read.

Whence my Lord of Strafford observed, That he was not Sentenced for going without Licence, but for other Causes; and desired my Lord Dillon, and Sir Adam Loftus (whose hands are to the Decree0 might be Asked a Question or two. And first to the business of my Lord of Es∣mond, which had been forgot before.

Robert Lord Dillon being asked, Whether he remembred any Charge * 12.7 laid against my Lord of Esmond, for a practice against Sir Walsingham Coke? whereupon being Examined, And, When it was?

He Answered, That he remembred it was about that time, when a Letter was written from the Judges of Assize that went the Cir∣cuit of the County of Wexford; and they Reported, That they had taken Examinations: Whereupon it was mistrusted, or at least suggested, That my Lord of Esmond was to set some on to cut off Sir Walsingham Coke; and, this being taken into consi∣deration, it was resolved, That till the Judges had determined, Whether it was Treason, or not, he should be stayed for a time; and, as he takes it, it was Resolved he should be Advertised into England.

Being Asked (on Mr. Maynards Motion) What time this was? * 12.8

He Answered, The Question is sudden to him; but, it was much a∣bout the time that my Lord of Esmond had been in Town be∣fore; but, he cannot expresly speak to the time.

But, my Lord of Strafford observed, That the Complaint came from the Judges of Assize, when they came from the Circuit, and that was al∣wayes about August.

Lord Dillon being Asked, What year it was?

He Answered, He cannot tell the year of the Lord in Terms: but, he remembers, it was much about that time when my Lord of Esmond was Questioned, and about Summer Circuit.

My Lord of Strafford proposing, That my Lord Dillon might be Ask∣ed, What he remembred of the Sentence against Parry? and, What his behaviour was?

To this Mr. Maynard excepted, as not proper to Examine the Judge, * 12.9 Whether his Sentence was just or no?

To which my Lord of Strafford Answered, That it is as equal the Judge that gives Sentence should be Examined, as the party against whom the Sentence is given. That this is a Sentence for things spoken and done at the Board, which stands not on such Niceties; but Contempts and Mis∣demeanors to a Court are frequently determined, without Examination of Witnesses; and, this is a Misdemeanor done in the place.

But, my Lord Dillon being spared from Answering,

Sir Adam Loftus was Examined, What he knew of that practice of my Lord of Esmond, against Sir Walsingham Cokes Life? And when?

He Answered, That the first time he heard of it, was, upon an Infor∣mation of the Judges of the Circuit to my Lord Deputy, then in Ireland, as he takes it; and, he thinks, my Lord was not then in Town, but sent that Information to the Council at Dublin, his Lordship being then at his Countrey-house; and therein, some Practice against Sir Walsingham Coke, of certain Rebels and Outlawes, that had laid in Ambush near his house, was set forth; and thereupon that Letter was sent to the Council to Consider of it, and take course for his Security: That this was not all neither; for, the Examination of a Rebel in the Castle, brought it home nearest to my Lord of Esmonds Case. But, because the Rebel was a Man of that condition, it was not thought his Te∣stimony could be prevalent against my Lord of Esmond: there∣fore the other Witnesses were sent for to be Examined in the Cause. Now, this Course of Examination held a matter of three weeks or a month, or thereabouts (he doth not well know the time) but, these Men not concurring with the Testimony of the Rebel, in Restraint, there was no words made of it; but my Lord of Esmond was dismissed, and left to take his own Course. The time was, as he takes it, in the Summer Assizes, 1637, or 1638, he knows not which: And this is the truth, and all he knows of the business.

Whence my Lord of Strafford Inferred, That being under that Charge * 12.10 of Sergeant-Major-General of the Army, he denyed him liberty to go in∣to England; but, as soon as he was clear, he had his Licence.

Mr. Maynard desiring their Lordships to observe, that my Lord of Strafford Explained himself thus; That he thought so, or very shortly af∣ter: And added, That the Gentleman is very quick with him, being a Man of great understanding, and himself a weak Man. But, that he means very justly, and would not be taken in an Untruth; and said, That he hath a Servant that was with him, when my Lord of Esmonds Agent came to him, at his House in the Countrey; And desired, he might be Asked, What Answer he gave him?

Francis Wetheringe being Asked, VVhat he knew concerning my Lord of Straffords giving of Licence to my Lord of Esmond?

He Answered, That he remembers very well that the Gentlemen were * 12.11 Examined, before they came to Fairework-Parke; while he was waiting on his Lordship at that time, the Gentleman came to him, and desired him to tell my Lord he would speak with him: that he heard my Lord say, It was concerning his Licence, to repair to England; and, my Lord said, He should have it; but, it was Winter time, and he would let it alone till the Spring.

Being Asked, What Month it was?

He Answered, He could not very well remember, but it was the lat∣ter end of Summer as he thought.

Mr. Ralton being Asked, Whether the business of my Lord of Es∣mond, * 12.12 and Sir Walsingham Coke, were not Advertized over hither?

He Answered, That he doth very well remember the business (he being then Agent for my Lord Lieutenant.) That in one of his Letters, or the Councils, Advertisement was given of this pra∣ctice against Sir Walsingham Coke; and, as he takes it, was in Sept. 1638. or thereabouts; and that my Lord was pleased to do him (the said Mr. Ralton) the favour, to give him some passa∣ges of it.

Therefore my Lord of Strafford desired, These things might not stick * 12.13 with their Lordships, or the House of Commons, to his prejudice; when he had not Means, nor Possibility to make his Defence: but, that in Cha∣rity they would reserve their Opinions till they sound the truth to the bottom; and then he hoped he should appear an honest Man, and that was all he pretended to.

For the Remonstrance of the House of Commons in Ireland, it is no Evi∣dence, but a Charge to call him to Accompt rather, than to Condemn him or Judge him by: For, it is the Remonstrance of the Commons House, that have not power to give an Oath, and so may be easily misinformed, when they want a Meanes to try out the Truth.

But, for the Great Fees exacted for these Licences; Here are two of his Secretaries imployed in this business, whom his Lordship desired might be

Examined, What Fees they demanded, and had in this particular? He added, That he durst say, Thousands that went over without Licence were never question'd for it: nor any, but where there was Cause; as, in Case a Man was ill-affected, and then he was looked after.

Mr. Slingsby being Asked about the Fees for Licences?

He Answered, They did give the Clerks directions never to demand * 12.14 any Fees for Licences; and, that the Clerk never accompted to him for above Five shillings for any Licence, which he said was voluntarily given, not demanded.

Mr. Little being Asked to the matter of Fees?

He Answered, That he Charged his servant still to demand no Fees * 12.15 for Licences, except of Privy-Counsellors, or Officers of the Ar∣my; and, when they had Licences they paid for them; and, the Fee of the Licence from the Captains was 20 Shillings; the ordinary Fee for others Five shillings; and, many times none at all was paid.

And then my Lord of Strafford added, That he had now gone over all the * 12.16 particular Proofes, as near as he could remember them: And, the last he shall insist on is this. That there is nothing in this Charge as he conceives of Treason; and he must needs Conclude every Article so, in regard Trea∣son is the only thing he is Charged withal: And, he conceives he hath gi∣ven such Answers to this, that nothing shall convince him before their Lordships of Treason. And, for matter of Misdemeanors, he knowes their Lordships will give him time to examine Witnesses, and leave for his Coun∣sel to be heard, and then he shall Acquit himself as becomes him; and so with all humility, submit it to their Lordships.

And thus his Lordship concluded his Defence.

ARTICLE XVI. REPLICATION.

Mr. Palmer Replyed thereunto in substance as followeth;

THat my Lord of Strafford, in the Preamble of his Defence, hath made * 12.17 a great Profession to their Lordships of his endeavour to preserve the Laws in Ireland; and, that no Deputy did ever less interrupt the Legal Proceedings: Which, though it be not the matter of the Cause, he desired leave to put their Lordships in mind, how much he hath interrupted the legal proceedings, because it hath been another part of his Army.

That it hath been fully proved, How he Assumed to himself, out of the ordinary Jurisdiction, Causes to be heard before himself, on Paper Petiti∣ons, which, how grosly he hath determined, their Lordships have heard: And, whether this be not an Interruption to legal proceedings, he submit∣ted

to their Lordships, and also left them to Judge how contrary it was to this Profession of my Lord of Strafford.

To the Matter of the Defence, viz. That these Particulars were not com∣plained of; Mr. Palmer Answered, It is true, There is no particular Com∣plaint * 12.18 in the Article: but, my Lord of Strafford, in his Answer, said, He ne∣ver deny'd Licenses to any man to go into England, and that puts it in Is sue, and gives occasion to prove his Denyal.

To the Reasons of his Propositions, Mr. Palmer observed, they were, viz. Because he was responsible for the Justice of the place; and therefore good reason his Integrity should be tried before any Complaints came: The Officers and Ministers of Justice should not be drawn from thence on every Complaint, where they might have redress at their own doors. These are fair shows, and something must be said to induce His Majesties Allowance; and, as much as Art and Skill could invent to prevent the Subjects access to their Sovereign with Complaints of Injustice and Oppres∣sion; It must have a great deal of Wit and Art to colour it, and so he uses it: Their Lordships cannot expect it from him, nor will their Lord∣ships expect it in the Proofs, that he should tell His Majesty he doth all this, that they may not complain of Injustice and Oppression, for this is a hard thing to be done; But, the thing it self showes for what end he ob∣tained it, his many Acts of Injustice prove, Quo obtentu, this Propositi∣on was gotten; If this had been gotten on the fair grounds pretended, then, upon Complaints here, His Majesty, in consideration of them, had had it in his own power, to have referred them back to Ireland, if they were misinformed; but, meanes were used that they should not come to the King, the Barr was laid with the Secretaries, and Masters of Requests, that His Majesty should, by no means know, as to consider of the fitness, or unfitness of them.

For the Matter of the Judges and Ministers being withdrawn; it is true, they were most likely to be complained of; but, when they cannot be complained of but to my Lord of Strafford, this draws a great Dependence on him, and makes them amenable to his Will. As, in the Sentences wherein they concurred, and whereby he would justifie himself.

Again, the discouraging of Complaints in this Proposition, and the Ar∣guments used to His Majesty, provided a Punishment for Clamorous Com∣plaints; so, that they, which had Cause of Complaint, being terrified with a Punishment (though they were not Clamorous) might now be made appear to be so.

For the Authorities whereby he justifies this Proclamation. First, He insists on the Lawes of that Kingdom, that by the Law they could not depart the Realm, and that by an Implication 25 H. 6. But, Mr. Palmer observed, that that is no Prohibition of coming out of Ireland; but, if any Liege man, &c. shall, by the Kings Command, depart the Realm, his Lands should not be seized; and, the only inference can be, That if others went without License, their Lands might be seized, but not that their persons might be restrained from coming without Licence.

There were such Provisions and Ordinances in Ireland, to which the Instructions following, and His Majesties Letter had Reference; That those persons that had great Possessions in Ireland, in time of Discord, were to be resident upon their Land Personally, so that their Land might be main∣tained against Incursions. And, this is plain, by a Statute 28 H. 8. Ca. 3 Reciting the Inconvenience from those they call Absentees; That is, that having large Possessions by Descent, or Graunt, did Demurre in England,

and left those possessions unsafeguarded; and, by this means, the Lands (which His Majesty had been at great Cost in Conquering) were regain∣ed by the Irish, and therefore there was a Penalty on those Lands; and, it is provided, that the King shall be Entituled to the Duke of Norfolkes Land for that cause: But, here is only a Provision that the Lands should be safeguarded, but not that the Subject should not resort to the Kings Majesty, for redress of Grievances and Oppressions, and that is in the Charge against my Lord of Strafford.

For the Instructions of May, 1628, on a Petition by the Inhabitants; the Petition was, That they might make personal Residence at least half a year; but, that related to Undertakers, and others that have Lands and Offices there, and so was for the same purpose that the Lands should be safe∣guarded: But certainly, there is great difference between Residence, and Restraining a Resort hither to make Complaint to His Majesty: It is true, there should be a Residence, they were not to depart without Licence; but, if they had Temporary occasions, or Reasons of Complaint, it is not against the Instructions that Licences should be deny'd.

My Lord insists on this, that it is the Law of the Land, and agreeable to the Laws of this Land, and he would willingly bring the Laws of this Land into Ireland. But, under favour, the Laws of this Land are not so; It is no offence, or Contempt for any Subject, to depart this Land without Licence: Our Books are so. The Statute 5 R. 2. did provide, that none should depart without License (a general Prohibition) except they were Lords and good Merchants: Therefore, by the Law, (before that Statute was) any Man might depart without License; and, that Statute is since Repealed, by a Statute made 4 Iac. So that by the Common Law of England the passage is open again; and, it is no offence at all to depart without Licence. It is true, His Majesty may restrain by a Ne exeat Reg∣no, &c. or by a Proclamation on special Causes, but till then the passage is open, and they may depart by the Law of the Land, and the Penalty is only in the Case of the Absentees.

My Lord alledges the Kings Letter; There is as much skill as can be for a Defence, The Proclamation reciting these Letters, and the Instructions. But, the grounds are false: for, that which is appliable to a Residence for Defence, my Lord makes a ground to restrain all kind of Resort.

My Lord takes notice of his Moderation, in Executing the Kings Let∣ter, in respect of the distance of time, between the Letter, Ianuary 1634, and the Proclamation, Sept. 1635. If it had been a Service to His Maje∣sty, it should have been speeded sooner; It was a disservice in being so long delayed, if the matter required it; but, there was something else; It was not fit for my Lords opportunity till then; and, when it was fit he publish'd it, and not before.

My Lord deserting his Justification by the Proclamation, as a Temporary Law (as he may, for Proclamations be not Temporary Laws, in case they be against Law, but Publication of Lawes.) Now, he insists on this, That by his Commission he himself hath not power to publish Proclamati∣ons, but by advice of others; So the power is not in himself alone, for he had the Concurrence of other Counsellors joyned with him.

Mr. Palmer desired their Lordships to observe his own Answer; and, the Reason, why that Unreasonable allowance was got, which is, That he is Responsible for the Justice of that place; and, if he be so, he takes but their Concurring with him; in a thing so much against Law, it may make it an Offence in them, it cannot extenuate his Offence.

He insists on a necessity of this, that it is fit for that Kingdom, and wishes it might be so continued; and that in several respects; in respect of O Neale, and Tirconnel, and the Rebels that adhere to them; and that it might be dangerous, if those in Ireland should go out at their pleasure. Indeed, if their Resort were thither, it were true; But, the Commons ha∣ving offered nothing, but their Request to come into England, where there is no O Neale, nor Tirconnel, to Complain to the King of Op∣pressions: and, however my Lord of Strafford doth conceive it fit in Ireland, their Lordships hear by the Remonstrance, what Just Fears they apprehended; It is an Innovation brought on them, which was never on their Ancestors from the time of Henry the Second.

The next thing was his Demeanor in the Execution of this Proclama∣tion; Then he made that General Protestation, That these particulars were not Complained of. To which Mr. Palmer said, He must Answer as before. My Lord hath put it in Issue, That he never did deny Li∣cence, which casts the Commons on Proof, That that in particular hath been deny'd.

The Case of my Lord of Esmond is observed to be in time, 1638. And whereas it is said, A License was deny'd, because there was some Charge against him, of practising against Sir Walsingham Cook. This needs no other Answer, but what Sir Adam Loftus has given, That the business was continued in Examination no longer than three weeks, or thereabouts, and was then dismist; whereas the Denyal continued longer. But, if it be truely informed, This demand of Licence to come over was in August; the Information came not till September after: so that the Information cannot be applyed to avoid the Denyal of the Li∣cense.

Torky being Asked the time of year the Summer Assizes used to be in * 12.19 Ireland?

He Answered, That he hath observed them, since his knowledge of that Kingdom, to be in September for the County of Wex∣ford.

Whence Mr. Palmer Inferred, That if the Petition were in August, the Assizes in September, this could be no Reason, why in August an Informa∣tion in September should be the Cause of denying the License.

My Lord sayes afterwards, He did give him a License; but your Lord∣ships may remember, it was not till the opportunity was past of exami∣ning Witnesses. And, whereas it hath been said, in Answer, That my Lord of Esmond did joyn, and Riley was produced; yet Riley sayes, There were two Defendants, Sir Pierce Crosby, and my Lord Esmond; and, for whom the Commission was, he cannot tell: And, if there were a Com∣mission, it is very ordinary to have more then one; and, if it be desired, a second is just as the first. Mr. Ralton sayes, he is confident there was a Commission: if there was so, Why is not that Record produced?

The next particular was my Lord Roche, and the Answer to that is, That there was an Information against him in the Starchamber. It is true, but that had ceased half a year before he desired a License, and there∣fore could not be a cause to hinder a Licence.

For Dermond Mac-Carty it is said, his Petition was for liberty to go o∣ver for breeding, and therefore he might go to Doway or St. Omer. &c. But their Lordships might observe this Petition was to come into England, and the occasion was his Relation to that Suit, and that is conceived the cause of denying that Licence; for my Lord could not but know that Mac-Carty had relation to the suit before him, which was decreed after a double dismission, and it is no Exception that the Witness is his Sollicitor in the Cause: It is ordinary that the Sollicitor be admitted a Witness, and the best Witness in Courts of Justice.

And to answer that fully and clearly, it shall appear, that this very thing is assigned by Secretary Little, to be the reason why he should not go over, that he might not complain of his suit, and a Witness did depose to that effect.

Iohn Meaugh bein sworn and Interrogated to the Cause of denying the said Licence.

He Answers, That he went to Dublin with Mac-Carty the Son, with the Petition, and that Secretary Little took the Petition in his hand, and said, Are not you Mac-Carty's Son? Yes said he. And you intend to go and complain against the Order my Lord concei∣ved against your Father? No indeed, sayes he, I do not; Sayes the Secretary, I will take your Petition and deliver it to my Lord, and I believe my Lord will not grant your Request, and they left the Petition and went out. A little after, a kinsman of his, the Deputies Master, Sir Valentine Brown said to him, the Son, I have heard my Lord hath granted your Request in your Petition; so they came to the place to receive the Peti∣tion, and this is the Petition shewed their Lordships, when his, the Deputies Master saw the Petition, he would not take it. Take notice Gentlemen, saith Mr. Little, what Charge he hath, and if he doth any thing to the contrary, let it be on his peril; so they took the Petition, and went away.

Against Parries Testimony; First, my Lord says, he is a single Witness, * 12.20 but if that be not admitted, there is no need of his Testimony; for Secretary Cook's Warrant proves what was the reason, and their Lordships may know whence that came. His Sentence is thus far in question here, whether he was sentenced for coming over or otherwise; It is true (and that is the iniquity of it) the sentence doth express it to be for another Cause; It is not usual in Sentences, to say what it is not for, but what it is for; but it is for his not petitioning the Council-Table, and setting forth after in his Petition, that his offence was his coming overwith∣out Licence; and saying Mr. Ralton pretended Secretary Cooks' directions, whereas he must so speak truth, as not to be charg∣ed with a pretence. And it were most just to sentence him for coming without Licence; then for his being not called, nor any

way able to answer the Defence. That others are joyned with him in the Sentence, it doth not excuse his Lordship: They shew the more dependencie upon him, and by this means, no com∣plaints of Injustice or Oppression, can be brought to any but * 12.21 himself, and that brings them under his wing; However, the fault is in them, as well as in him.

The Remonstrance he says, is only a Charge, but it is the Declaration and Voice of all the People, of sufficient credit, to represent their grievan∣ces, what they conceive to be their true Liberty, and how they have used it ever since the time of H. 2. Which is, that they should have redress for grievances, which is no other than the Common-Law; That the Sub∣ject should have free Access to the Sovereign.

His last is, That there is nothing of Treason in this: And to this the same Answer is given, as to all the rest, which are not individual Trea∣sons. The Multiplication of Acts, all containing something in them of an Arbitrary power, conclude, as effects from the cause, from whence this proceeds.

And this thing is not so petty as my Lord makes it, to deny the Access of the Subject to their Sovereign; and tho it be allowed by His Maje∣sties Letter and Instructions, yet these being obtained by himself, make it worse, he taking so Sovereign a Power, that Non sentit parem, nec superiorem.

Mr. Palmer instanced in that great Case of the Marquis of Dublin, that had the Dominion of Ireland granted him, he had Merum & maximum Imperium, under the Broad Seal, and his Patent passed in Parliament, yet it was one of the Articles charged on him, for it tended to the Severance of the Allegiance of the People from their King.

In the next Article their Lordships shall hear his demeanor to those of the Scotch Nation.

Mr. Maynard desired to add a word to what had been said; First, My Lord says, that the particulars are not in the Charge, but that is a mistake, for this Case of Parry is particularly charged, and divers others; it is true, the rest are general, but this is particular, so the Charge is good in that.

And whereas my Lord had endeavoured to justifie this by Law. Mr. Maynard observed, That they do not lay the point upon that, how far the Subject may be restrained in that particular: but here is the sting of my Lord of Strafford's proceedings, he takes this (be it lawful or unlawful) to prevent the Complaints which might be brought to His Majesty against his Injustice, for he hath done all that tothis people: now an ill intent may make that ill which in it self otherwise will not be ill; and he besought their Lordships to take this into consideration, what a miserable condi∣tion the Subjects of Ireland are in, when there are never so great grievances laid on them, yet they cannot complain, and no complaint can be received, unless he that oppresses them, gives them leave so to do, and when their oppressions ri•• so high, when shall he give them leave?

My Lord▪ of 〈◊〉〈◊〉 says, Thousands have come, yea many he is sure, that have not been punished nor questioned. Whence Mr. Maynard obser∣ved. That it is ill▪ l••k that the oppressed are always punished, others may

go without punishment; but it falls out unhappily, That they that have Complaints against him, are the men that are restrained, and it may not be thought that they will bear a Complaint sometimes, that they may seek a better opportunity, when they shall see such examples; that is, one Fined for exhibiting a Petition, and saying, that is untrue; when a∣gainst another, an Information that hath laid dead halfe a year, shall be quickened upon that occasion, and they must be punished more, that are more oppressed, as in the Case of my Lord of Esmond.

And whereas my Lord of Strafford says, he never punished any, where there was Complaint before. Mr. Maynard besought their Lordships to observe, that it is point blank contrary to the Evidence, and Oath before their Lordships; for in that particular Case of Mac-Carty, there were two Dismissions: It is true, the Merits of the Causes are not proper to be of∣fered, but there is cause to take Confidence, that where it is called a fraud on Mac-Carty's part, when it is examined, it will be a very heavy oppres∣sion.

And whereas it hath been said by way of Justification (mitigation at least) that there hath been no Fees taken for Licences, but such as were given voluntarily, except in case of Officers of the State, or the Army; proof was offered, that Mr. Little that takes on him to swear for himself or his fellows, tho he did not know whether it were or no, hath deny∣ed Licence without Fees; and that certain Fees were demanded, shall be made appear.

Whereupon Richard Wade being Interrogated, whether Fees were * 12.22 not demanded by the Secretaries, for Licences of mens passage into Eng∣land, and what Fees?

He Answered, That for Fees for my Lord of Esmond's Licence, he was demanded 24 or 25 s.

Patrick Gough being asked to that point. * 12.23

He Answered, That he remembers he hath taken Licences twice or thrice for my Lord Viscount Mountgomery, and for every one of them paid 25 s. and for three of his servants 25 s. and that those were demanded, for he (the Deponent) would have gi∣ven less if they would have taken less, and that these were de∣manded by Secretary Littles Servants.

Mr. Glyn desired one word more, and the rather, said he, because it * 12.24 seems my Lord of Strafford slights this Article, which is the most pro∣ved, and the least answer'd of any yet heard, their Lordships may ob∣serve what is laid to his charge, the subverting of Laws, and the introdu∣cing of a Tyrannical Government. And before he goes about his work, he puts off all means of redress beforehand; that if he give any occasion of offence, he that is offended, shall not possibly have remedy. His ju∣stification is, because of that great danger that may ensue, for they may joyn with Rebels, but that's a pretence; Indeed he used that Argument when he moved it to His Majesty; but it was, that they might not come over to make complaints.

That his Propositions were made, and entred at the Council-Table, here he aggravates his offence, and Mr, Glyn did thus illustrate it; That if a man come to him, and desire leave to lye in his House, if he gives the party leave, and he by that means takes occasion to betray him, or to commit Felony, or steal his Goods, That leave was well given, but it aggravates the others offence, when he doth mischief to him that lodg∣ed him.

So my Lord of Strafford's Proposition was fair, but if their Lordships observe the subsequence of it, that he might exercise his Power, and leave the Subject without means of redress, but they must come to himself for it. Mr Glyn further said, he thinks, had he suffered under his hands af∣ter the example of my Lord Mountnorris, he should be loth to say to his face, he would complain.

An Act of Parliament he produces for his Justification, which is plain∣ly against him, for it shews there were some that held Lands there by tenure, and if they were not resident they forfeited; Then comes the Act and says, That those whom the King commands to be absent, they shall not forfeit, which shows they had a personal Power without Licence; so that the very Law produced, is expresly against him, and there Lord∣ships may see by his own Proposition, the occasion of his introducing this Letter. And Mr. Glyn concluded, That he supposes that my Lord of Strafford hath made no answer to that.

And so the 16^th Article was finished, and the 17^th and 18^th being for the present set aside, the Committee that managed the Evidence, proceeded to the 19^th Article.

[article 19]

THE Nineteenth Article. The Charge.

19. That the said Earl having Taxed and Levied the said Im∣positions, * 12.25 and raised the said Monopolies, and committed the said other Oppressions in His Majesties Name, and as by His Majesties Royal Command; He the said Earl in May, the 15th year of His Majesties Reign, did of his own authority, contrive and frame a new and unusual Oath, by the purport whereof among many other things, the party taking the said Oath, was to swear, that he should not protest against any of His Majesties Royal Commands, but submit himself in all Obedience there∣unto; which Oath he so contriv'd to enforce the same on the Sub∣jects of the Scotish Nation, inhabiting in Ireland, and out of a hatred to the said Nation, and to put them to a discontent with His Majesty, and His Government there, and compelled divers of His Majesties said Subjects there, to take the said Oath, a gainst their Wills, and of such as refused to take the said Oath, some he grievously Fined and Imprisoned, and others he destroy∣ed and exiled; and namely the 10th of October, Ann. Dom. 1639. He Fined Henry Steward and his Wife, who refused to take the said Oath, 5000 pounds apiece; and their two Daughters, and James Gray, 3000 pounds apiece, and imprisoned them for not paying the said Fines. The said Henry Steward, his Wife and Daugh∣ters, and James Gray, being the Kings Liege people of the Scot∣ish Nation, and divers others he used in like manner; and the said Earl upon that occasion did declare, that the said Oath did not only oblige them in point of Allegiance to His Majesty, and acknowledgement of his Supremacy only, but to the Ceremo∣nies and Government of the Church established, and to be esta∣blished by His Majesties Royal Authority; and said, That the refusers to obey, he would prosecute to the Blood.

Mr. Whitlock proceeded to open the 19th Ar∣ticle, setting forth in substance as followeth.

THAT the next Article in which they shall proceed, to make good the Impeachment of all the Commons of England against my Lord of Strafford is the 19th Article.

That their Lordships have heard his demeanor to the Subjects of the Irish Nation; what power he exercised over their Liber∣ties, their Properties, their Lives.

That he used His Majesties Subjects of Scotland in the same manner, exercising an unlawful power over their consciences, by imposing a new and unlawful Oath on such of them as lived in Ireland.

That the Kings Subjects of the Scotish Nation, have the same bene∣fit of protection from His Majesty and His Laws, as his other Subjects have; since they are bound to the same Allegiance, to the same Obedi∣ence, and therefore what ought not to be done to any other of the King's Subjects, ought not to be done to them.

That a new Oath cannot be imposed, without Assent of a Parliament yet my Lord of Strafford is pleased to enjoyn this Oath, to contrive it, to threaten them that desired to consider of it; he sends forth Commissions, to the Gentry in the Countrey to tender it, and such as refused were brought up by Pursivants and Officers to Dublin, and committed to Pri∣son, and divers of them, rather than they would take this Oath, were fain to forsake their Families, their Estates, and Lands, and fly away, and were exiled the Kingdom.

That the Charge, particularly mentioning the sentencing of Henry Stu∣art his Wife, and two Daughters, and one Iames Gray, above the age of 16. who for refusing this Oath, were Fined, Stuart himself 5000 l. his Wife 3000 l. his Daughters 3000 l. apiece, and Iames Gray as much; and in their Sentence my Lord was pleased to declare himself so bitter against that Nation, and so much resolved, that this Oath should be taken by all of them (though against Law) That he publiquely said, That those who refused to take the Oath, he would prosecute to the Blood.

That the Scotch Nation were Rebels and Traitors, and that if His Majesty should please to send him back to the Government of Ireland (he being then to come into England) he would root out the Scotish Nation root and Branch. And further, did declare, That this Oath thus enjoyn∣ed, did bind to the Ceremonies of the Church, not only those that were establish'd, but such as were to be established: so that the Oath had some affinity with the Oath in this Kingdom, not long since.

Sir Iames Mountgomery being Interrogated, what he knew concern∣ing the contriving and imposing of the said Oath?

He Answered, That he was very unwilling to give any Testimony in this particular, because he knows there is a Petition for this

Oath, to which Petition his hand is among others, and there∣fore some perchance, who doe not know the passage of the business, may think there was a discordance, and a disagreement between the Instrument under his hand, and the Testimony he must give, being put to it upon Oath, but he hopes there shall none appear when he hath spoken.

That in April (as he remembers) 1639. My Lord-Lieutenant, then Lord-Deputy, did write down Letters to the most part of all the Noblemen and Gentlemen of the Scotish Nation, dwelling in Ireland, (in the Province of Ulster especially) amongst whom the Deponent received one Letter himself, and he was required by that Letter (as the rest, whose Letters were to one effect) to repair to Dublin, 27 April as he remembers, that his Lordship might confer with them about some affairs, that did concern His Majesties special service, and therefore they were required not to fail to be there that day. That thither they came, and be∣ing come, my Lord Viscount Mountgomery being not well in his health, having got a cold in his journey, the said Lord Vis∣count sent to excuse himself to my Lord Deputy, that he was not able to come abroad for a day or two; and my Lord Deputy sent him word he would come to his Lodging, and gave warn∣ing to the rest of the Gent. to meet his Lordship there the next day at two of the clock; that there they did all come, and there were the Bishops of Down and Raffo, and some others of the Cler∣gy; And being met, my Lord Deputy came thither and told them, he was there as their friend, to acquaint them with some things that did much concern them, and to give them his advice; He did then tell them of great disorders in Scotland, of great jea∣lousies raised against them, and that they who were present, might possibly be favourers, or furtherers of those distempers; but he added, that he hoped better of them: however, that it be∣hoved them to do something to vindicate themselves from this aspersion; and that they should offer it freely of themselves, and not stay till it were imposed by Authority. That he did insist further in his Speech, and insinuated to them, what was expect∣ed they should do, and that they should be suitors for it. That an Oath was expected according to the example of Scotland, as they had there joyned in a Covenant.

To this purpose he did deliver himself.

That when his Lordship had ended, the Bishops of Raffo and Down, one seconding the other, gave his Lordship thanks for his Lord∣ships favour to them, and told his Lordship, that as those in Scotland had joyned together, and conspired by an unlawful Oath, so they here would joyn in a lawful oath in opposition to that, and would petition for it to his Lordship. It was se∣conded by the Bishop of Down, and some others of the Cler∣gy there, little being spoken by others. That the Bishop of Down desired he might draw it, but the Lord-Deputy put it on the Bishop of Raffo. That some of them thought it a little too hasty, and when my Lord was risen up he (the Deponent) took

on him to speak to his Lordship, and told him, the things spo∣ken of there, were not charged against the Nation, but against the Covenanters in Scotland, and did not concern themselves: and therefore thought, under favour, that it should not be a∣miss to think what they should doe, before they appointed a man to draw a Petition, or to this effect.

That his Lordship was pleased to turn towards him something in cho∣ler, and to tell him; Sir Iames Mountgomery, you may go home and petition or not petition if you will, but if you do not, or who doth not, or to this effect, shall do worse. That they seeing his Lord∣ship had resolved it should be so, there was no more said; The Bishop of Raffo went with the Petition in his hand to some of them, being desirous to see it, to contribute their advice to them, and somewhat suspecting this Train of the Gentry, that night again the said Bishop met with my Lord Mountgomery, Sir William Stuart, Sir Iames Craig and himself, (the Deputy) and brought two draughts of Petitions: the one indeed was down right railing, the other not very mild he thinks: howsoever, they did desire to have qualified it something in words; but the Bishop told them, it was already so cold, he was ashamed of it, and could not engross it, till he had shewed it my Lord Deputy, to know whether he would accept of it; The next morning some of them saw it with him, and took exception at some bitter words that were in it; and the Bishop said it was not to be disputed, for my Lord Deputy had seen it, and it was done with his good liking. After that it was engrossed, they met to have Signed it, and some took exceptions, that there was too great a latitude in it, and desired it might be entred, That they should be in the case with other His Majesties Subjects; but the Bishop said, he could alter nothing, without my Lord-Lieutenants knowledge, and he would go to my Lord with it, and to my Lord Mountgo∣mery; They intreated to go along with him, and my Lord was willing these words should be added, That it should be in equal manner and measure with other His Majesties Subjects; so the Petiti∣on was ingrossed, and signed, and was afterwards delivered to his Lordship: That then my Lord Deputy desired them, to appoint five or six of their number to wait on his Lordship, and some of the Council the next morning, to confer concerning the Oath, and they made choice of six, the Lord Mountgomery,—Stuart, and these two Bishops, Sir William Stuart, and himself the Deponent; when they came, his Lordship caused the Clerk of the Council to read the Oath that was to be Administred; and some other debates they had, some offered some motions, to his Lordship for some words, by way of explanation; as that they should not protest against any of His Majesties Royal Com∣mands, and it was desired it might be explained, By just Com∣mands, or Commands according to Law. My Lord did then tell them, they were not to expect any other Commands from His Majesty; the Oath was for no other intent, and needed no altera∣tion. The Bishop of Raffo would have had more added, saying, The Oath was so mean, he would not come from his house to take it; and so my Lord Deputy told him, the Oath had been well consider'd of, and needs no alteration; That he the Bishop

then desired a Copy of it, to carry to the Gentlemen that were not present, and were waiting for them at my Lord Mountgome∣ries lodging. His Lordship was pleased to deny that, but would send the Clerk of the Council, who should bring the Oath and Read it, and bring it back again, and he did so.

After this, the next day, or that afternoon, they were ap∣pointed to come to the Council-Board, and have the Oath Ad∣ministred; That here they came, and my Lord himself was plea∣sed to Administer the Oath to every one of us, two by two, or three by three. And this was the manner of Administring it.

Being Interrogated, Whether they knew the occasion of their being sent for?

He Answered; They knew not for what cause, nor heard any thing of it.

Being Asked, If he knew what Scotchmen were those that left the King∣dom, because they would not take this Oath?

He Answered, That (soon after they were dismissed in May) Com∣missions came into the Countrey to certain Commissioners, for Administring the Oath, to all of that Nation, above the Age of Sixteen; and, he believes (whether by the main Commission, or private Instructions, he cannot tell) That it was ordered, it should be Administred, both to Men and Women above that Age: And, they were all called at certain dayes by the Com∣missioners; some were scrupulous, and thought in their Consci∣ences, they could not take it; others, that were satisfied in their Consciences, did take it; and those that did not take it, the Com∣missioners were required to certifie their Names, and Places of Residence, to my Lord Deputy and Council, that they might be proceeded against, as Contemners of His Majesties Royal Au∣thority, according to the Proclamation, and Commission.

After the Proclamation had called them, some did appear, and they that did not, their names were certified, and afterward Pursivants issued to apprehend them that did not appear, or them, who on appearing, did refuse. He knows of many that fled away into Scotland, and very many that fled up and down in the Country, and many were apprehended by the Pursivants, and carried up, and some he thinks were Censured.

Being Asked, Whether they left their Corn on the Ground, and Goods in their Houses?

He Answered, That they did.

Being Asked, Whether any Papists of the Scotish Nation were sent for by Letter, or had the Oath tendered?

He Answered, None of them that he could hear: and the Oath was not Administred to any of them, neither were they called.

Being Asked, If there were not diverse Scotish Papists there?

He Answered, Yes; diverse Gentlemen of good Quality: and he na∣med some of them, viz. Sir William Hamilton, &c.

Being Asked (on the Earl of Clares motion) Whether the Refusers fled into any part of Scotland?

He Answered, In Truth not, to his knowledge; but they fled out of the Kingdom of Ireland.

The Oath was next Read, viz.

IN. do faithfully Swear, Profess, and Promise, that I will Ho∣nor and Obey my Sovereign Lord King CHARLES, and will bear Faith and true Allegiance to Him, and will defend and main∣tain His Regal Power and Authority; and that I will not bear Arms nor do any Rebellious or Hostile Act against Him, or Protest against any His Royal Commands, but submit my self in all due obedience hereunto: and, that I will not enter into any Covenant, Oath, or Bond of Mutual Defence, or Assistance, against all sorts of persons whatsoever; or into any Oath, Covenant, or Mutual Defence, or Assistance against any person whatsoever, by Force, without His Ma∣jesties Soveraign and Regal Authority. And I do renounce all Covenants, contrary to what I have Sworn and Promised. So help me God in Christ Jesus.

Whence Mr. Maynard observed, from these words, That they shall not * 12.26 Protest against any of His Majesties Royal Commands. That he believed all men were satisfied, that His Majesty never did, nor will Command any thing unlawful, but what a subordinate Minister may command in His Majesties Name, and publish, as His Command, in Ireland, their Lordships have heard enough of, and that may make them tender to take the Oath; besides, the Oath being new, it is conceived to be against Law.

Mr. Maxwell being Sworn, and Interrogated, In what manner were * 12.27 Gentlemen sent for to Dublin about this matter? And what he knew in particular about it?

He Answered, That he was one that received a Letter from my Lord Lieutenant upon that account; and that he, as well as the rest, were required to be all at Dublin at a certain day; and, being there, and my Lord Mountgomery being a little sick, and not able to go abroad, desired their excuse for a day or two. My Lord Deputy was pleased to give Command, that all that were writ∣en for, might be at my Lord Mountgomeries lodging: And, at the time appointed, my Lord Lieutenant came, and at his com∣ing he called them together, and showed the Dissenters in Scot∣land, and desired that they would show themselves Faithful and Loyal Subjects to their Master; and, that it behoved them, as their own desire, to Petition for it; whereupon my Lord Bi∣shop of Down, R••o, and some others of the Clergy being there, did second my Lords Speech, and told them, That as they Re∣belliously

proceeded in Scotland, in that the Scots had taken in hand against the King; so they would do well by Petition, and by Oath to his Lordship and the Council, to shew their willing∣ness towards their Masters Service: So my Lord Lieutenant was pleased to take hold of my Lord Downs Speech; and my Lord Down desired, he might be the drawer of the Petition. But my Lord perceiving him a little too vehement, told him, Smilingly, That he would recommend that to the Bishop of Raffo: So the Bishop of Raffo was appointed for the drawing up of that Petition. The next day they desired to peruse the Petition, before it went to my Lord; and, after they had pe∣rus'd it, they went in to my Lord Lieutenant with it; after he had seen the Petition, he mended something in it; and, among the rest, he remembers, the Bishop of Raffo told him, That my Lord had put in, That these that were here should be of no worse condition, then the rest of His Majesties Subjects. The next day the Petition was Ingrossed, and Signed by them, and presented to my Lord Lieutenant: afterwards there were two Noblemen, two Bishops, two Gentlemen, appointed to go to my Lord con∣cerning the Oath, and they desired a Copy of the Oath. My Lord Lieutenant sent Sir Paul Davies out to my Lord Mount∣gomery, and it was Read to them all; and they were command∣ed to attend at the Council-Table, and my Lord gave them the Oath.

Sir Hen. Spottewood was offered a further Witness, but their Lordships being satisfied with what was formerly offered, spared his Examina∣tion.

And Mr. Whitlock observed, That they did produce these Witnesses the * 12.28 rather, because my Lord of Strafford sayes, in his Answer, they willing∣ly came to Dublin, and were Suitors for the Oath. Whereas my Lord sent for them; when they were there, my Lord perswaded them; threat∣ned them; contrived the Oath himself; altered the Petition; appointed who should draw it; which disproves what is in his Answer alleadg∣ed.

To prove, That because diverse of the Scotish Nation were tender, and loth to take the Oath, or submit to all the Commands of my Lord of Strafford (though they would to the Kings) they fled the Kingdom, and left their Estates.

Sir Iohn Clottworthy being examined to that particular; * 12.29

Answered, That he could speak to this particular clearly to his own Knowledge; for then my Lord was pleased to insert him as a Commissioner in the said Commission, and he was there some∣times, and beheld the Execution of it. He did likewise see the Multitude (when the Oath was generally prest on several Com∣mands from my Lord Deputy to enforce it) did leave their Dwellings, and Habitations, their Corn on the Ground, and their Cattle, and fled away; but, whether into Scotland, or no,

he could not precisely say; but so it was reported: but, that Multitudes went away, he knew to be certainly true.

Being Interrogated, Whether my Lord of Strafford did, by his Instru∣ctions, deny liberty to the parties to whom it was tendered, to peruse the Oath?

He Answered, That he cannot precisely charge himself with it, for the Instructions are out of the way; but that was (as he verily re∣members) part of the Instructions, That they should have the Oath Read over to them, but no Copies delivered to them at all.

Being Asked (on my Lord of Straffords motion) Whether the Com∣mission and Instructions were not under the hand of the Council, as well as himself?

He Answered, That he never saw a Commission under the hand of the Deputy or Council, but under the Seal; but the Instructions were under the hand of Deputy and Council.

And Mr. Whitlock observed, That my Lord of Strafford drew in the * 12.30 rest to himself.

Mr. Whitlock then proceeded to the matter of the Sentence, against Stuart and Gray, who were Imprisoned, Fined five times more than the value of their Estates; deteined in Prison a very long time, very hardly and cruelly used; and, on this Sentence, were the words spoken by my Lord of Strafford, which showes his Rancour to the Scotch Na∣tion.

Richard Salmon Sworn, and Interrogated, What he knew concerning the Sentencing of Stuart, his Wife and Daughters, and Gray in Ireland? * 12.31

He Answered, That on the 10^th of October, 1639, after the Kings Attorney, Sir George Ratcliffe, and many other Lords and No∣blemen, had given their Sentence concerning this Oath, many of them pleading to make it High-Treason; and, that it was a merciful proceeding against Mr. Stuart, his Wife, and two Daughters, and Gray, in that Court: My Lord Primate came to shew, that if it had been against the first part of the Oath (to deny Allegiance and Supremacy to His Majesty) it had been so: but being against the second part, they were to be Judged in that Court. My Lord of Strafford told my Lord Primate, he was mistaken, and that the Bishop of Derry had said well, in that they would not Abjure all other Oathes, Bonds, Covenants whatsoever, it was as palpable High-Treason, as if it were against the first part of the Oath. Thereupon my Lord said, These peo∣ple are mad: and I know not how to express my self, without going beyond my self, they have almost made me lose my self. But, sayes he, Mr. S••t, now you have heard my Lord Primate thus much, What can you speak for your self? Mr. Stuart An∣swered, He was willing to take the first part of the Oath; but,

in that the Oath seemed to bind them, not onely in point of Al∣legiance and Supremacy, but likewise in point of Ecclesiastical Duties, therefore he durst not take it: My Lord told him a∣gain, he (the said Mr. Stuart) was not mistaken, but had judged right; the Oath was not only intended to bind them to Allegiance and Supremacy, for that they had other Oaths, but likewise to be obedient to the Ecclesiastical Ceremonies of the Church, either established, or that should be established by His Majesties Royal Command: and, that whosoever would be obe∣dient to the Ecclesiastical Orders of the Church, he would lay his hand under their feet to do them good; but, whosoever would resist, he would prosecute them to the Blood.

Being Asked (on the Earl of Clares motion) Whether he be a Mini∣ster?

He Answered, That he had Taught School in Dublin, but hath not taken Orders.

Being Asked, What other Orders my Lord of Strafford let fall, con∣cerning the Scotish Nation being Rebels.

He Answered, He remembers my Lord said, They had caused him to forget himself. He said also, That they were Traitors and Re∣bels: and that if His Majesty would honor him so much, as to send him back again, he would eradicate root and branch even all of that Nation out of the Kingdom of Ireland, saving such Lords and others that had taken the Oath.

Being Asked, What Fines were Imposed on Stuart, and the rest?

He Answered, (To the best of his Remembrance) it was 5000 l. on him, 5000 l. on his Wife, 3000 l. a piece on his two Daughters, and 3000 l. on Iames Gray.

Being Asked, Whether they were worth these Sums?

He Answered, That it is not known to him: but he conceives Gray was not worth a hundred pound; for, he lived on the Mainte∣nance of Mr, Stuart in the Prison; And, he knows not whether they paid any thing of the Fine or no.

But, Mr. Whitlock observed, That Stuart was fain to sell his Estate to pay his Fine.

Iohn Loftus being Sworn, and Interrogated, Whether he was present at * 12.32 the Sentence against Mr. Stuart and the rest? And what it was?

He Answered, He was in Dublin, when Mr. Stuart, his Wife, and two Daughters, and Iames Gray, were brought by the Sergeant at Armes from their House to Dublin, where they remained Priso∣ners in his Custody, and were thence carry'd one by one to Mr. Attorney, and Sworn by him; and after their Examinations ta∣ken,

were called to the Court of Star-Chamber, and proceeded against Ore tenus. At which hearing, he (the Deponent) was; And, after the rest of the Lords had delivered their Opinions, he heard my Lord Deputy deliver his likewise; and his in substance was; He consented in fine, to that the Lords had laid before, viz. 5000 l. on Stuart, 5000 l. on his Wife, 2000 l. a piece on his Daughters, and 2000 l. on Gray: and my Lord exprest himself, That he wanted termes to set forth the heinousness of this Cause; and, that he was to leave his Sword; but, if it pleas∣ed His Majesty to return him thither again, he hoped to have such, as would not Conform themselves to the discipline of the Church, rooted up Stock and Branch.

Being bid to repeat his Testimony,

He said, He Declared he was then to leave his Sword, and if His Ma∣jesty would return him thither again, such as would not conform themselves to the Government of the Church, who were of the Scotish Nation, He hoped to root them up stock and branch, or words to that effect.

Mr. Whitlock did then Sum up the Evidence; That he conceives it pro∣ved, * 12.33 that my Lord of Strafford Contrived the Oath; sent for them of the Scotch Nation by Letter, and then wrought with them to make it their own Work, and Suit (though it was his Command) and, by threats to some of them, that did but desire to consider of it: That diverse of the Scotch Nation being tender in their Consciences to take the Oath, it being a new Oath, and tendered without Authority of Parliament; and so, rather than they would take it, were forced to leave their Habitations, their Corn standing, with all their Goods and Fortunes, and to flie out of the Kingdom: That Mr. Stuart, his Wife, and Daughters, and one Iames Gray, were Sentenced very deeply for refusing this Oath; and, that my Lord of Strafford declared, That this Oath extended to the Ceremonies of the Church established, and to be established; That the Scotch Nation were Rebels and Traytors; not going to any particular Man, but the Na∣tion in General. And, that if His Majesty would send him back again to that Government, he would root them out root and branch.

This is to take a Power far above the Law; this is to bind their Con∣sciences by an Oath, and to force them to that which they are tender of; the Execution of this with so much rigor and cruelty, showes the strength of my Lord of Straffords design to alter the Lawes, and to do it with a strong hand, with all his Force, and with all this Cruelty. And so my Lord of Straffords Answer was expected.

And then my Lord of Strafford, after a little respit, began to * 12.34 make his Defence, in substance as followeth;

That almost every new Article sets forth a new Treason, that (for his * 12.35 part) he never heard of before: but, for this, that is now the Treason, and concerns the Administring of an Oath to such of the Scotch Nation as were in Ireland. He, the Defendant, besought their Lordships in the first place,

to take into consideration, the time when this Oath was Administred be∣cause of something else, that in the Conclusion, for his further Justification, he shall be bold to offer to their Lordships; but, he will begin with that which is matter in hand; which, though he cannot say was the true Rea∣son, that made him first think of it; yet was a sufficient reason of it self, if there had been nothing else.

The Proclamation for this matter he remembred was dated 20^th of May, 1639, and, in what condition the Kings Affairs then stood, their Lordships, and my Lord Steward in particular, who was General, are very well able to call to mind, and what fears there were of the ill events of the things then in hand. The apprehensions were, That the Scots being a great Bo∣dy in Ireland (and not so few, he is perswaded, as 100000, by reason of their nearness to their own Countreys confining upon it) might, perhaps, have Intelligence and Occurrence with their Countrymen, called, Those of the Covenant. And, this was the sence of all that were Ministers of that State under the King, as well English as Irish, and even those of their own Nation. Thereupon they entred into Consideration, how to secure that Kingdom, and settle things in quiet.

Besides, there was a Man afterwards Condemned of Treason, for having a Plot and Design to have seized on Knock-fergus Castle, and delivered it to a great Man in Scotland (whom my Lord said he would not name) for which he lost his life afterwards.

These particulars were confirmed by several Witnesses.

And, to prove that there was a Debate at Council-Board, for pre∣venting of these Inconveniences, my Lord of Strafford desired some Privy-Counsellors of Ireland might be examined.

Robert Lord Dillon being Asked, Whether he and the State of Ireland * 12.36 were not very apprehensive of the danger, that might happen to the King∣dom of Ireland, If the Scots should declare themselves any way to the disquieting of that Kingdom?

He Answered, That about that time there were some Advertisements out of the North, of particular Meetings, and Contrivances of some Plot or other by the Scots, which made the State very ap∣prehensive, that there might be danger ensuing, and that the consequence would be ill.

Being Asked, Whether there was not a course taken upon that for an Oath, to secure the quiet of the Kingdom?

He Answered, It was debated at the Board, and concluded, That it would be a great Security and Obligation on those of the Scotch Nation in Ireland, to keep them from Treating, or Concluding any thing together, if there should be any Invasion.

Being Asked, Whether it was not thereupon resolved, To Consult the Principal Gentry of that Nation, and to speak with them? and, Whether my Lord of Straffords Letters were sent in persuance thereof?

He Answered, That he thought the Letters were singly subscribed by the Lord Deputy himself, but it was also with the privity of the Council.

Sir Philip Manwaring being Asked to the same Point, Answered, That * 12.37 at the time the Proclamation Issued, he was in England, which was the 16^th or 20^th of May; But, before he came from Ireland, there were very many Apprehensions, that Inconveniences might arise, and many Considerations in Council, which way to pre∣pare and prevent them.

Sir Adam Loftus being Interrogated to the same Point? * 12.38

Answered, That there were at that time some Apprehensions and Fears of Danger, that might arise from the People of the Scotch Na∣tion, in respect of their numbers there, lest they should adhere to them of the Covenant in Scotland, and thereby endanger the Kingdom of Ireland at that time: And therefore it was deba∣ted at the Council-Table, that some Oath or Bond might be made, that might divert them from joyning in the Scotch Cove∣nant; and thereupon it was resolved, That the Principal No∣blemen, and Gentlemen of Scotland, that were then in Ireland, should be sent for, and there dealt withal, both to express their Loyalty and Service to the Nation of Ireland, by their due obe∣dience, and also to offer some Means that might be Security to the King and themselves.

And being further Interrogated, Whether my Lord of Strafford's, send∣ing for these Principal Gentry of the Scotch Nation, Was not with the Privity of the Council?

He Answered, That he thought it was: and Added, He was very Confident it was, though the reason was not exprest in those Letters.

Being Asked (on M^r Maynards Motion) Whether he was there, when * 12.39 my Lord Mountgomery, and Sir Iames Mountgomery made Exception to the Form of the Oath contrived?

He Answered, He was not present at any Exceptions taken at it.

Being Asked (on M^r Whitlocks Motion) who were those that took it so * 12.40 chearfully? And whether the Bishops were not more chearful then others?

He Answered, That indeed he observed no Reluctancy.

My Lord of Strafford here added, That he speaks it truly (to the honor of that Nation be it spoken) the Oath was taken with much chearfulness, * 12.41 and not any man made scruple in the whole business, to his understanding, save only Sir Iames Mountgomery, but took it with all the readiness in the World. This is as true as he lives, and he thinks he speaks it for their ho∣nor; and, were he one of the Temporal men in that kind, he should be very

unwilling to be asked, whether the Bishops had been more ready to give Allegiance to His Majesty, than himself? and he thinks, he that asked the question, doth them a great deal of prejudice in it.

Finding them thus prepared, he was glad of it; and they being willing to prefer such a Petition, he went to them, and served them with all wil∣lingness, as he had reason.

The Petition was cheerfully brought to him to be looked over, and to have his opinion how he liked it. It was brought him by my Lord Mount∣gomery Sir Iames Mountgomery's Brother, and some others, whom he re∣members not. But these words he remembers particularly in it. An of∣fering of their Lives and Fortunes, for vindicating the Authority of Regal Power, which he said was too general; and though they intended it well, might be turned too strictly on them, and therefore he desired, it might be qualified with these words, In equal manner and measure with other His Ma∣jesties Subjects; and the words were put in by him, as he is sure, my Lord Mountgomery would justifie.

The Petition was read, and the Act of State, wherein it is reci∣ted, being in substance as followeth.

By the Lord-Deputy and Council,

WENTWORTH.

Where we have lately made an Act of Council in these words.

WHereas divers Lords Spiritual and Temporal, Knights, and others inhabiting in this Kingdom, have lately exhibited a Petition to us, in these words following.

To the Right Honourable, the Lord Deputy and Council, &c.

The Humble Petition of, &c.

The Petition recites,

The horror apprehended by the Petitioners, His Majesties Subjects of the Scotish Nation inhabiting in Ireland, for the Covenant sworn by some of their Countreymen in Scotland, without His Majesties Authority and Consent;

Their dislike therof, and their consideration, that the causes of that action may be understood, to reflect on the Petitioners, though innocent.

They crave leave to vindicate themselves from so great a Contagion, and desire his Lordship to prescribe a way by Oath or other∣wise, to free themselves from these proceedings, to declare their acknowledgement of the Kings Regal Power, and their dislike of that Covenant, and of all other Covenants entred in∣to, &c. without His Majesties Regal Authority, which they are desirous to manifest by offering their lives and fortunes, to vin∣dicate

the honor, &c. of their Sovereign, which they are ready to do in equal manner and measure, with other His Majesties Subjects, &c. and divers names were to the said Petition sub∣scribed.

In consideration of which Petition, we cannot but commend the wis∣dom of the Petitioners, which we will not fail humbly to represent to His Majesty; and for that we know many of this Kingdom, have ex∣pressed good affection to His Majesty and His Service, and dislike those disorders: We hold it fit, &c. to free them the better from the Crimes and Scandals which their Countrey-men have gone into, as also to free them from all prejudice, and to approve to the King, and to the whole world, their Allegiance to him and his Regal Power, and the dislike of that un∣lawful Oath and Covenant: We do therefore ordain, That all and every person of the Scotch Nation, that inhabit, or have Estates, or any Hou∣ses, Lands, Tenements, or Hereditaments within Ireland, shall take the Oath herein expressed on the Holy Evangelists, on pain of His Majesties High-displeasure. The tenor of which Oath follows. &c. To several se∣ect persons, &c. Authorizing them to call before them, and administer the Oath to every person of the Scotch Nation, &c. At such time and place &c. And such Instructions as shall be in that behalf given by the Deputy and Council, &c. And to certifie the names of all that take the Oath, and if any refuse to certifie their Names, Quality, and Residences to the Lord Deputy, &c. And there is a Command, that all of the Scotch Nation do appear before the said Commissioners, at times by them to be appointed, and to take the said Oath before them; and that all persons may have due notice, we think fit this be published, Dated May 1639.

To prove a design of seizing the Castle of Knock-Fergus, my Lord of Strafford desired Mr. Slingsby might be examined, and being In∣terrogated?

He Answered, That about the time, when it was supposed the King was * 12.42 in the Field of Berwick, there was an Advertisement from Knock-Fergus, that one Trueman had writ a Letter, for betraying of the Castle there; the party that sent the discovery was to be em∣ployed in the Letter, and he enformed, there were the hands of Twenty that should have subscribed it, the Letter was con∣ceived to be voluntarily from Trueman, and not sollicited out of Scotland.

Trueman was sent to Dublin and examined, and sent back to be try∣ed * 12.43 in the Countrey, and there he received his Tryal, and was Hanged, Drawn, and Quartered.

Being asked of what Nation he was?

He says he doth not know of what Nation, but he supposes he was an Englishman.

For his further justification, he saith, at the same time there was the like Oath, and Proceeding here in England.

The Copy of which Oath now read, being affirmed by Mr. Ralton to be a true Copy.

5 Iune 1639. A Copy of an Oath tendered to some of the Scotish Nation, resident here in England, as it is entred in the Scotish Book, being in substance

IN Doe faithfully swear, profess, and promise, that I will faithful∣ly obey my Sovereign Lord King CHARLES, &c. and defend and maintain His Royal Authority; and that I will not bear Arms, nor do any rebellious Act against him, nor profess against any His Royal Commands, &c. And that I will not enter into any Covenant or Bond, &c. Of mutual Defence or Assistance against any person, &c. or into any Covenant, Bond of mutual defence or assistance whatsoever, without His Majesties Sovereign and Regal Authority. And I do renounce and abjure all Covenants, contra∣ry to what is here sworn, professed and promised,

And he submits it to their Lordships Wisdom and Justice, what of∣fence this had been for a Deputy of Ireland in a time thus conditioned for securing the publique peace of that Kingdom, where he serves the Crown upon such apprehensions as these, fairly without any constraint or violence offered, to endeavour by such a manner of means as this, to secure the King of the Royalty and Allegiance of His Subjects. To pro∣cure it to these ends, by these ways, at such a time, how this can be strain∣ed to be High Treason, he confesses he does not well understand; espe∣cially, since he is confirmed in that opinion, by the allowance given of it here in England, as, by the Oath read appears; And if all this had been done by him solely as Deputy, by the power of that Commission he had from His Majesty, where should be the crime that should rise so high, as to convince him of Treason? But that is not all, he hath something else to say for himself, and that is, the Kings Letter of His Majesties own Hand∣writing, as followeth.

WENTWORTH,

COnsidering the great number of Scots that are in Ireland, and the dangerous consequences may fol∣low, if they should joyn with the Covenanters in Scotland; I hold it necessary you should use your best endeavour, to try them by an Oath, not only to disclaim their Countreymens proceedings, but likewise, never to joyn with any in Cove∣nant, or otherwise against Me, To which purpose I Com∣mand you, to frame and administer such an Oath, to the abovesaid intent, to my Scotish Subjects of that Kingdom, that I may know the well from the ill-affected of that Nation, of which fail not, as you love my Service. And so I rest,

Your assured friend Ch. R.

Dated 16 Jan. 1638. Whitehall.

So he had His Majesties Warrant, but handled the matter so, that he ne∣ver discovered it.

And this he conceives doth clearly justifie him in all his proceedings. That none can administer an Oath, but by Authority of an Act of Par∣liament, is, as he conceived, an ignorance; And that upon a Command, and being not against Law, but intended for the better preservation of the peace of the Kingdom; a Deputy of Ireland might do it: and if he hath failed, he shall not willingly undergo any punishment, since it was an act of Obedience, and if it were to do again (being informed as he then was) he must obey, and he had rather suffer in obeying His Majesty, than dis∣pute with His Commands in that kind,

And so he hoped, that for the Oath and Proclamation, he had said that which might acquit him before their Lordships.

Then his Lordship applyed himself to give an Answer to the other matters, brought in his Charge, and the next thing urged against him is, the Cenfure of Mr. Stuart, his Wife and Daughters, and Gray.

That Sentence was the very day before he came from Ireland, Michal∣mas was Twelve months.

To that he can say no more, but that he delivered his opinion concern∣ing them, as the rest, in the Castle-Chamber, where the Deputy hath no more voices, than such as my Lord Keeper hath in the Star-Chamber, a Casting voice, if the voices be equal, and otherwise but a single voice; and the truth is, that the whole Court did agree in it.

And for their Fine, one of their own Witnesses sayes, That he delivered his opinion, as concurring with the rest of the Court; so that the Fines were set before it came to him to vote. And the greatness of the Fine, was only to shew the greatness of the offence, and not with respect to the per∣sons, or with any purpose to take the Fines of the parties; for when it shall be examined, it will appear, that little of that hath been paid or looked after, for they might have had their pardon the next day, if they would

have taken the Oath; And if he that shall refuse the Oath of Allegiance, shall instantly incurr the penalty of a Praemunire, the Fine was very mode∣rate in this case.

In the Oath there is nothing of Ecclesiastical businesses, but only a Temporal Allegiance, though some of the Witnesses speak of the extend∣ing it to the Ecclesiastical affairs.

My Lord Primate should have been a Witness in the Cause, but he is sick, and therefore if it may well stand with their Lordships Favour and Justice to deferr this point, till he may be examined, and heard about it.

The next thing was the words charged upon him, spoken at the same Sentence, That the Scotish Nation were Rebels and Traitors, and that he would root them out of the Kingdom, root and branch.

These words he absolutely denyed, and so under favour, he said, he must doe still, being well assured, he never spake them; and he is privy to his own heart so far, that he can as truly say, he never thought them. He knows very well what he owes to that Nation, as being the Native Countrey of His Majesty; and that respect, if there were nothing else, is sufficient for him to wish to it all Happiness and Prosperity, which he doth from his heart.

Besides, he knows there be many of that Nation, most Faithful and Loy∣al Subjects, he trusts there are few amongst them otherwise; and there∣fore for him to say, the whole Nation are Rebels and Traitors; certainly were a Speech of a man frantique, and out of his wits, rather than of a man in his Senses: For though he hath some infirmities, of hastiness in him, yet he is not so divested of Reason and Understanding, as to speak like a mad man, especially in things of this nature.

His Lordship repeated it, that he never spake them, never thought them, nor ever wished any thing to that Nation, but Honor and Happiness in all his life; nor hath he any manner of particular exception against them, either in general or particular. Besides, he never received personal wrong from any of that Nation; he hath received many courtesies from some of them, and therefore owes them no Animosity, but all the respects in the world.

But when it comes to the proof, that is sufficiently justified, for nothing is proved of that they charge him with, and when he hath shown the weakness of the proof offered to convince him of them, he shall offer a Witness or two, that will absolutely clear him. Nor did he speak any thing whilst he was in Ireland, concerning the Nation in general, but whatsoever he spake, was concerning the Faction in it; and it is an easie matter for a man at a distance, to mistake one word for another; and when he spoke of the Faction there, it was with a great deal of more moderation, and better phrase than the words charged.

For Sir Iames Mountgomery, he hath said little as to this matter, for he was not there, nor speaks at all, as if He (the Lord of Strafford) should have carried himself in that business, otherwise than became him; only him∣self confesses when Sir Iames would have some words put into the Oath (Of lawful and just Commands) He (the Earl of Strafford) said That that was needless, for they could expect no Commands from His Majesty, but what were lawful and just, and such is the Wisdom and Justice of the King as he dares say they will always be so; and the words of the Oath are, They shall be so far complying with these Commands, as in due obedience they are bound and obliged to be. So it was not Caeca obedientia. Sir Iames sayes,

That he (the Earl of Strafford) did administer the Oath. This one single Testimony; but to tell their Lordships plainly the truth, he confesses he did give that Oath, being not only obliged by the Council, but they directing him, and that the Petition was not got forcibly from them, it ap∣pears evidently, for there is nothing against it.

Sir Iohn Clotworthy sayes, That on this Oath administred, great multi∣tudes went away, but he names not one of that multitude, and if they did go, who could help it? If they would go away, rather than give such a pledge of their Allegiance, he should have been loth to have re∣strained them, to make them stay against their Wills.

For the Instructions that went with the Commissions, Sir Iohn Clotwor∣thy very truly says, they were under the hands of himself and all the Council, but what these Instructions were, he cannot expresly say; and that, under favour, he conceives is no witness, and so is no Charge on him.

But to express his rancor against the Scotish Nation, next come the words proved by Richard Salmon the Schoolmaster, and he swears positively and directly, that he (my Lord of Strafford) spake these words the 10^th of October 1639. The plain truth is, that he (the Earl of Strafford) was come into England in September before; and if that man shall notwith∣standing, undertake positively to swear that individual day, he is less to be credited. The said time of his coming into England was confirmed by two Witnesses.

Mr. Thomas Little being (upon my Lord of Straffords motion) asked, * 13.1 about the time of my Lord of Straffords coming from Ireland.

He Answered, That my Lord Lieutenant came from Ireland, Thurs∣day 12 Sept. 1639. and landed the next day, and came to London 21 Sept, 1639.

Mr. Ralton being examined to the same point.

Answered, He very well remembred my Lord came to London 21 * 13.2 Sept. 1639.

For the words themselves, That the Scotch Nation are Rebels and Trai∣tors, and that he will root them out Root and Branch, the Witness is a sin∣gle Testimony; their Lordships see how true he is in the first part of it, and he is equally true in the second.

The other Testimony is one Iohn Loftus, and he sayes my Lord of Straf∣ford wanted terms to express the heinousness of that offence, and he ho∣ped to have such of the Scotch Nation, as would not submit to the Ec∣clesiastical Government, rooted out Stock and Branch from that Kingdom And this (said my Lord) is quite another thing, and no way agreeing; with the former, but nearer the truth, and far from rooting out the Scotch Nation; for there are but few that submit not to the English Church-Government.

So there is left only one single Testimony of the Schoolmaster, that hath not learned his Lesson perfectly, but is taken tardy, as if he were a Scho∣lar; and the other makes it quite another business: And as they have of∣fered these things, and have not proved them, by more than one single testimony, and he a very infirm one▪ He, my Lord of Strafford, besought their

Lordships that he might call for a Witness or two, that were there, and heard all that passed,

Sir Philip Manwaring (my Lord said) was a Judge of the Court, and nearer him than the Witness, and likely to hear more distinctly:

Sir Philip being asked what the words were, and of what nature they * 13.3 were, whether they were not restrained to the Faction of the Covenan∣ters, and them that would not take the Oath in Ireland, and not the Nation it self?

He Answered, That he was present that day, and sate within the Court and within hearing, so that he heard every word that fell from my Lord Deputy: it is true, his Speech there was very long, but he shall repeat no more of it, than that he conceives per∣tinent to the present occasion, that is, Whether he should say these words, Against the whole Nation, or speak only to the Fa∣ction, and properly, and pertinently, shun the word Nation. It was on the occasion of Mr. Stuart, who stood at the Bar with his Wife and Daughters, and Gray; My Lord telling him he was sorry, that bearing the name he did, he should be the only man that carried himself with that disobedience, and my Lord expatiated very much, and in conclusion said,

That Scotish Nation (with respect I speak of it) for I know there be among them gallant and worthy persons, and I have great experience of them, and of the Loyalty and Faith they bear to their Sovereign; but there is a Faction amongst them, which I shall endeavour, as near as I can, to bring to that obedience, at least, to keep them that are within this King∣dom, to that Obedience, Loyalty, and Duty, that Subjects ought to bear.

Being asked, Whether my Lord did not express himself at that time, that he would not take on him to judge any thing of the Action in Scotland, not knowing the Law of that Kingdom; but such of that Nation, as are here in Ireland; if they will not submit to the Government of Ireland, he will do the best he can, they shall not stay here?

He Answered, That it is very true, my Lord Deputy did at that time speak to that purpose, as near as he can remember in truth (viz.) That he did not know the Laws nor Customs of that Kingdom; there∣fore would say nothing to them; but for so much as concern'd the Kingdom of Ireland, and the keeping of the King's Subjects in Loyalty and Obedience there, he would do his best to preserve that.

Being asked (on Mr. Glyn's motion) whether he heard these words Root and Branch, or Stock and Branch?

He Answered, In truth he did not.

Robert Lord Dillon being asked to the words spoken by my Lord of * 13.4 Strafford in the Castle-Chamber at the Sentence, and how he expressed him∣himself concerning the Nation of Scotland?

He Answered, That he confesses, it hath been his custom (and it may be it is an ill one) never to mind words spoken in the place, un∣less he supposes he shall be called to account for them: he remem∣bers my Lord spake of the refusing of the Oath, and of some rigor to them that should refuse it, but for particular words, he members not.

Sir Adam Loftus being asked what he heard of these words? * 13.5

He Answered, That he was at the Censure, but truly he cannot burden his memory with any the words that tend to this que∣stion; It was a great while agoe, and he little thought they should come to any recapitulation of them, and in truth he doth not remember them.

Being asked whether Stuarts Sentence was not given by the unanimous Vote of the whole Council?

He Answered, Indeed he believes it was.

Sir Philip Manwaring being asked, what he heard the Master of the Rolls say that day?

He Answered, That coming from the Castle-Chamber, waiting on my * 13.6 Lord Deputy to the Castle, where many Dined, and all that had been Judges; and Mr. Wainsford, the Master of the Rolls, took occasion to speak to my Lord Deputy, in his (the said Sir Philips) hearing, and commended him for carrying himself with that caution, that he had no way reflected on the Nation, but the Faction in that Kingdom, and had shunned the words, which might reflect on the Nation.

And so his Lordship concluded his Defence, and said, he hoped that there was nothing proved that should touch him so deeply as Treason; for if the obeying of the Commands of this Case be so great a crime, he must confess, if it were to do again (being not better informed by wiser men, tho hereafter he may be better informed, and prevent it) he should be that Trairor over again, and do the self-same thing again: and there∣fore if he had done it out of ignorance, he hopes their Lordships will not look on him as having any evil intention or wicked purpose, but to serve His Majesty with faithfulness, which he hopes will procure an easier judge∣ment from their Lordships, than to think of a High Treason in this Ar∣ticle.

And then Mr. Whitlock made Reply thereunto, in substance as follow∣eth. * 13.7

That in his Answer to my Lord of Strafford's Defence, he shall begin with that, which his Lordship was pleased to mention last, and also at the beginning, That this should not be accounted Treason, he knows not the Illegality of it, and if it were to be done again, he would do it on that Com∣mand. Whence Mr. Whitlock observed, that his slighting, or rather justi∣fying of this offence, when he is told in this great Presence, that it is

against Law, and will be made good, and appear to be against Law, is a great aggravation of the offence.

It is well known, that a new Oath cannot be Imposed without Assent in Parliament. It is legistativa potestas; The Oath of Allegiance is as an∣tient as our allegiance, and nothing needed to have been added to that: and, had it been tendered to them, as it might have been by Law, this would have performed the Kings Command, which, under favour, went no farther, and would have been sufficient security of what was doubted and feared: But, my Lord of Strafford will go farther; the Oath that the Law enjoyns doth not please him, he must have a new one framed by himself, and published by his Authority, thereby to make his Authority equal to an Act of Parliament.

'Tis indeed believed, there were some apprehensions of dangers in Ire∣land, by the great number of the Scots there, and a Covenant in Scotland then Sworn, but that Covenant is not to be medled withal now. The Charge enforced against my Lord of Strafford, is not his Care of prevent∣ing danger to the Kingdom, but that he caused a new and unusual Oath to be Imposed; and particularly, that they should submit to all the Kings Royal Commands.

The Committee confess, and think, no man had ever yet a heart to doubt, That the King would command any thing that should be against Law: But, it hath been sufficiently proved, that my Lord of Strafford (a Subordinate Minister under the King) hath published his own Commands in the Kings Name, which are not Justificable, nor according to Law: And that, under favour, might be a good cause for the Scots, to be tender of taking his Oath; knowing, that these Commands here, were not His Majesties Immediate Commands, but the Commands of my Lord of Strafford, which they saw many times so unlawful and exorbitant.

My Lord of Strafford hath produced diverse Witnesses, to prove, It was Debated on at Council-Board; And, that the Scots did chearfully take the Oath: but, in this, he hath laboured to disprove his own Answer, which is, That the Scots came up, and desired to have an Oath; whereas it appears, the Council-Table thought fit to send for them by Letters, under his Lordships hand; and it was propounded to them to take such an Oath.

He sayes, himself put these words into the Petition; In equal manner and measure with other His Majesties Subjects: Which showes, That my Lord of Strafford himself had the Perusal and Correction of this Petition, which is a good Proof, that he contrived the Oath.

The Petition doth only beseech my Lord Deputy, That an Oath might be framed to vindicate themselves from the Faction of their Countrymen, and the Covenant, which they might have done by the Legal Oath, the Oath of Allegiance. But he put something in above what they desired, and that was, for submission to all the Kings Royal Commands: which may extend to Liberty, to Property of Goods, and so is a great deal further, than His Majesty was pleased to Command by His Letter, wherein there was nothing but what was very fit to be commanded by my Lord of Strafford, and very fit for him to obey.

And, What if my Lord of Strafford should procure a Letter from His Majesty to do that, which is not warrantable by Law? the Kings conside∣rations are far above the particular Points of the Municipal Law of this Kingdom; He cannot know them, but is to be enformed of them by His

Ministers: Now, if my Lord of Strafford shall misinforme Him, and de∣sire to have that by His Authority, which is not warrantable by Law, the fault is my Lord of Straffords; and, it much aggravates the Crime; but, the Kings Letter doth not warrant my Lord of Strafford, for he hath pro∣ceeded further.

He sayes, concerning the Censure of Mr. Stuart, That he delivered his Opinion among the rest: but, their Lordships may remember, he went as high as to charge him with Treason. It is true, the Bishop of Derry conceived it might be Treason; And, the Primate said, The Denial of the former part might be Treason, but not the latter: but, my Lord of Straf∣ford conceived the latter part to be Treason too: And therefore, sure∣ly, his Opinion had more harshness and severity then the rest; and, being his Opinion, it was of sufficient weight to carry along with him all the rest: and, that which was his own Act at the beginning, which he Contri∣ved and Treated with the Scotch Lords and Gentlemen, That he per∣sues in his Sentence; and, if others joyn with him in a hard Sentence a∣gainst Law, his fault is not the less, but rather the greater, to draw others into the same fault.

His Lordship says little of the Fine that is paid. It is true, it cannot be proved how much was paid; but, those that were Fined continued in Prison till very lately, for that Fine.

And, whereas he sayes, Any, taking the Oath, might have been Re∣leased the next day. It is the more Cruelly done, to keep them in Pri∣son till they take an Oath, who cannot satisfie their Consciences, that they may take it.

My Lord sayes, If one refuse the Oath of Allegiance in this Kingdom, he shall incur a Premunire, and this Sentence was more moderate, Indeed, if that had been tendered, they had incurred the like sentence, and that might serve the turn; but, my Lord must stretch his power higher, and above the Law; He would frame a new Law; and, for not observing that, a new Punishment too.

He sayes, There is nothing of the Ecclesiastical Discipline in the Oath: but, the Witnesses expresse it, that my Lord interpreted it, to extend to the observation of the Ceremonies, and Government of the Church esta∣blished, and to be established.

His denial to speak the words, That he would root out the Scotch Nation, doth not disprove that, which is so clearly and strongly proved by two Witnesses.

He sayes, He should be Frantick, if he should speak such words: but one of the Witnesses said, He exprest himself to be transported, and that he knew not what he said in that Sentence.

He sayes, He never received wrong from that Nation, but Curtesies, then those words show the more Ingratitude.

He says, Sir Iames Mountgomery speaks nothing that sticks on him: It is true, he speaks only to the Contravening of the Oath; but, he shows that to be expresly otherwise, then in my Lords Answer.

He confesses he gave the Oath: but, whether he did or no, his Autho∣rity Injoyning of it, would have been all one.

He says, Sir Iames Mountgomery desired the words, Iust and Lawful Commands, might be added: and, that my Lord expounded it, No other were intend∣ed. But then there was the less reason to deny the inserting some of them, for their sakes that were tender, and desired to have them put in, for their satisfaction.

He sayes, That Sir Iohn Clotworthy deposes, That Multitudes of the Scotch Nation went away; but, he names none: But, if Sir Iohn be Asked, he will give very good satisfaction.

Sir Iohn Clotworthy being Asked to that Point?

He Answered, That he might easily, amongst so great a Multitude, Remember so few names; and when he heard my Lord of Straf∣fords Exception, Multitudes did throng in upon him, where∣of he did now particularly name about six, and said, He could name a great many more.

Being Asked, concerning the Execution of Trueman, as a Traytor, for the matter of Knockfergus?

He Answered, That he was at Knockfergus at the Assizes, when this Trial was concerning this Trueman; and was then on the Bench, and heard all the passages of the business; whereof he made this brief Relation as followeth.

This Trueman was an Englishman, that dwelt not far from Knockfergus, and one that was sent about the Country; but, by whom, Sir John could not tell: but, there were vehement Suspitions, that he was Im∣ployed to find out those that would engage in Discourse concerning the Scotch business; he spake with one Captain Giles, who feigned him∣self a great Friend of the Scotch Nation; and said, That he con∣ceived they were greatly distressed; and wished, that he could use means whereby they might be eased. Hence he discoursed with True∣man, who was but a silly Man, and got from him words, whereby he discovered a good will to the Scotch Nation; and some discourse about the Castle of Knockfergus; insomuch, that he got Truemans Letter to recommend him into Scotland, whether he pretended a de∣sire to go, to serve under that Command: Upon this he produced the Letter, and that was given in Evidence against him, and so he was Condemned and Executed.

Mr. Whitlock proceeded, and said; My Lord alledgeth for his Justifi∣cation, * 13.8 another Oath, enjoyned here to the Scots, by the Authority of the Council-Board; but, this gives no Countenance to that in Ireland; for

the Oath enjoyn'd, there was another after that, enjoyned by my Lord of Strafford: therefore that which came first, can receive no colour from that which came last. And the Oath here being the same (as near as we can re∣member) with that in Ireland, was rather a Precedent for this. Howsoe∣ver, the Committee never heard that the Oath here, was executed, or enjoyned to any.

Though Richard Salmon was mistaken, in point of time, of speaking those words of the Scotch Nation at the Sentence; yet, he speaks to the sub∣stance and matter of the Sentence and Words, and it was when my Lord of Strafford was in Ireland: and though the name of the Month be mista∣ken, it cannot weaken his Testimony; and my Lord of Strafford confes∣ses he was at the Sentence, and the day before he came to England.

And, with him, concurs Loftus, though not in Words, yet in Sub∣stance.

My Lord produced Witnesses concerning these words. Sir Philip Man∣waring affirms, my Lord said, He was very sorry Stuart should be the only Man: yet, it is proved, that diverse were brought to Dublin, and Impri∣soned there; and many hundreds forsook the Kingdom, and left their E∣states; therefore he could not be the onely man. But, though he and the rest remember not the words, yet if the Witnesses produced do precisely remember them, the forgetfulness of my Lord of Straffords Witness shall not at all Impeach the other.

So the Committee concluded thus; That it stands clear, that my Lord of Strafford hath assumed a power to himself above Law, to Administer an Oath contrary to Law; a new Oath, to bind Mens Consciences with great severity. He said formerly, He would make an Act of State equal to an Act of Parliament, and nothing can make an Oath but an Act of Parlia∣ment; in this therefore he is as good as his word. This is an assuming of a Power above Royal-Power; for an Act of Parliament cannot be made, without the Three Estates, their Lordships and the Commons are Interest∣ed in it; for, this is not—Penes Potestatem ministri.

Mr. Maynard added, That some Exceptions had been taken against Sir Iames Mountgomery, viz. That he was scrupulous to the Petition, but not * 13.9 to the Oath.

My Lord of Strafford takes a Power to Administer an Oath. It is hard to lay such Bonds on any; but, to put it on general and ambiguous words, is much harder: And, how far that may intrench on any Man, if for refu∣sing such an Oath he shall be Sentenced in the Star-Chamber, more then he is ever able to pay, and more than my Lord of Strafford confesses he would expect payment of; this is so transcendent an Incroachment, that there cannot be a greater: for, it takes away Liberty of Conscience, and endan∣gers the whole Estate. And, the Kings Letter doth not justifie the pro∣ceeding at all: for, had my Lord persued that, and gone no farther, there had been no Complaint; for His Majesty enjoyned him to take an Oath, that might distinguish one from another; but, doth not enjoyn to punish them that refused it: the Grievance is the Coertion of it; and so, under favour, It is no Justification.

Mr. Stroude added, That my Lord of Strafford, at the end of his Speech, said, If this were Treason, and the Occasion offered, he would be ready * 13.10 to do it again. And Mr. Stroude said, He must confess he doth believe him: and, this makes him consider a heavy thing that once befel this Kingdom; When Gaveston came to over-act his bold offences, how heavy that befel the Kingdom, he leaves to their Lordships Consideration.

My Lord of Strafford desired to clear this Point; and said, The Gen∣tlemen * 13.11 is a great way off him, and may easily mistake; For he said, Were it again to do, being no better informed then he was at that time, he should do it: But now he understands more than he understood before. But, Mr. Stroud * 13.12 Answered, That under-favour he did not mistake my Lord; for, he re∣membred, how fierce my Lord was upon an Oath in the Case of the Loane when he was a Commoner.

My Lord of Strafford did here desire a Motion or two:

The First Importing, That he should be very unwilling any thing * 13.13 should befall him, that might be a Prejudice to the Peerage of the Realm; and, out of the duty he owes to that, he might crave leave humbly to en∣form their Lordships, That he hath a great Family in Ireland; his Wife and Children are there; that all he hath is seized on: So that he hath not, as he protested (but as he borrowes it) Money to buy Meat to feed himself here: And, how his Wife and Children, and Servants do in Ire∣land, he knows not; but, that they are under the Providence of Almighty God. That it is a heavy Case, that being Impeached of Treason (and Constructive Treason, he hopes, it will prove at the most) that he should be thus used, being a Peer of the Realm, to have all he hath taken in this sort, and his Wife and Children, and Family thus unprovided for, and left without so much means as to feed themselves: he therefore besought their Lordships to take him into Consideration, that he may not be worse than the meanest sort of people, having the honor to be a Peer, under the pretence of Treason.

The Second was, That, since my Lord-Keeper, and my Lord of Northum∣berland may be very good Witnesses for him in the subsequent Charge, that will next come before their Lordships: And, whether my Lord Cot∣tington be in disposition to be here on Monday, He knows not; that there∣fore some course might be afforded, that he might have the benefit of their Testimony, when he shall come to Answer the next Charges.

Being demanded by the Lord Steward, By whom his Goods were seiz∣ed? and, Whether by the Orders of the House of Commons Read the o∣ther day, that their Lordships might clearly understand him? His Lord∣ship answered, Yes: From whence Sir Iohn Clotworthy observed, That, by these Orders, nothing could be Inferred, but a Sequestration of the advantage, that might possibly be had by the Tobacco; And, that his Lordship had a fair Estate in Ireland of—per Annum acquired, since he came into Ireland, which is not at all touch∣ed.

To which my Lord of Strafford replyed, That he had a Thousand a Year in Ireland, and that was all: And, he had Two hundred and sixty

in Family; and, how those can be maintained (All the Customs being seized, and a little Money he had, having but narrowly escaped) he desired their Lordships to take it into their Consideration.

For these Particulars, his Lordship had direction to Petition to their Lordships; And so the House was Adjourned, and Monday morn∣ing next appointed to proceed about the ARTICLES.

The Council for the House of Commons having proceeded against the Earl of Strafford Article by Article, till they came to Article 20, but then finding the following Articles so nearly related to one another, they would tye themselves no more to these Rules; but, pleaded for Liberty, to handle them, not as they lay, but as they were Related to one another: And, af∣ter my Lord Strafford had long and vigorously opposed this, my Lord High Steward Determined the Case, and Ordered, They should be hand∣led promiscuously, and in cumulo, as the Council for the Commons-House should think fit. Therefore I have set down these Articles that were thus Debated here.

[article 20]

THE Twentieth Article. The Charge.

20. THat the said Earl hath, in the Fifteenth and Sixteenth * 13.14 years of His Majesties Reign, and divers years past, la∣boured and endeavoured to breed in His Majesty an ill Opinion of His Subjects; namely of those of the Scotch Nation. And di∣verse and sundry times, and especially since the Pacification made by His Majesty with His said Subjects of Scotland in, Summer, in the Fifteenth year of His Majesties Reign; he, the said Earl, did labour, and endeavour to perswade, incite, and provoke His Ma∣jesty to an Offensive War against His said Subjects of the Scotch Nation: And the said Earl, by his Counsels, Actions, and Endea∣vors, hath been, and is, a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England, and the said Subjects of Scotland, and hath declared and advised His Majesty, that the Demands made by the Scots, in their Parliament, were a sufficient cause of Warr against them.

The said Earl having formerly expressed the height and rancour of his Mind towards His Majesties Subjects of the Scotch Na∣tion, viz. the Tenth day of October, in the Fifteenth year of His Majesties Reign, he said, That the Nation of the Scots were Rebels, and Traytors; and he being then about to come to Eng∣land, he then further said, That if it pleased his Master (mean∣ing His Majesty) to send him back again, he would root out of the said Kingdom (meaning the said Kingdom of Ireland) the Scotch Nation, both root and branch.

Some Lords and others, who had taken the said Oath in the precedent Article, onely excepted: and the said Earl hath caused diverse of the Ships and Goods of the Scots to be ••aped, seized, and molested, to the intent to set on the said War.

[article 21]

THE One and Twentieth Article. The Charge.

21. THat the said Earl of Strafford, shortly after his Speeches, * 13.15 mentioned in the last Precedent Articles, to wit, in the Fifteenth year of His Majesties Reign, came into this Realm of England, and was made Lord Lieutenant of Ireland, and conti••∣ed his Government of that Kingdom by a Deputy: at his arri∣val here, finding that His Majesty, with much wisdom and good∣ness, had composed the Troubles in the North, and had a Paci∣••ation with His Subjects of Scotland; he laboured, by all means, to procure His Majesty to break that Pacification, Incensing His Majesty against His Subjects of that Kingdom, and the Proceed∣ing of the Parliament there.

And having Incited His Majesty to an Offensive War, against His Subjects of Scotland by Sea and Land, and by pretext thereof to raise Forces for the maintenance of that War, he compelled His Majesty to call a Parliament in England: yet the said Earl in∣tended, that if the said Proceedings of that Parliament should not be ••ch▪ as would stand with the said Earl of Straffords mis∣chievous D••, he would then procure His Majesty to break the same, and, by ways of Force and Power, to raise Monies upon the Sub••cts of this Kingdom. And, for the encourage∣ment of His Majesty to hearken to his Advice, he did, before His Majesty and Privy-Council, then sitting in Council, make a large Declaration, That he would serve His Majesty in any other way, in case the Parliament should not supply him.

THE Two and Twentieth Article. The Charge.

[article 22]

22. THat in the month of March, before the beginning of the last * 13.16 Parliament, the said Earl of Strafford went into Ireland, and procured the Parliament of that Kingdom, to declare their assistance in a War against the Scots; and gave ••ns for the raising of an Army there, consisting of 8000 Foot, and 1000 Horse, being for the most part Papists as aforesaid. And confede∣rating with one Sir George Rateliffe, did together with him the said Sir George, traiterously conspire to employ the said Army, for the ruine and destruction of the Kingdom of England, and of His Ma∣jesties Subjects, and of altering and subverting of the fundamen∣tal Laws, and established Government, of this Kingdom.

And shortly after, the said Earl of Strafford re••ited into Eng∣land, and to sundry persons, declared his opinion to be. That His Majesty should first try the Parliament here, and if that did not supply him, according to his occasions, he might use then His Prerogative as he pleased, to levy what he needed; and that he should be acquitted both of God and Man, if he took some other courses to supply himself, though it were against the Wills of His Subjects.

[article 23]

THE Three and Twentieth Article. The Charge,

23. THat upon the Thirteenth day of April last, the Parliament * 13.17 of England, 〈◊〉〈◊〉 and the Commons House (then being the representative Body of all the Commons in the Kingdom) did according to the Trust reposed in them, enter into Debate and Consideration of the great grievances of this Kingdom, both in respect of Religion, and the publique Liberty of the Kingdom; and His Majesty referring chiefly to the said Earl of Strafford, and the Archbishop of Canterbury, the ordering and disposing of all matters concerning the Parliament: He the said Earl of Strafford, with the assistance of the said Archbishop, did procure His Majesty by sundry Speeches and Messages, to urge the said Commons House, to enter into some resolution for His Majesties Supply, for main∣tainance of His War against his Subjects of Scotl before any course taken for the relief of the great and pressing Grievances, where∣with this Kingdom was then afflicted. Whereupon a demand was then made from His Majesty of 12 Subsidies, for the release of Ship money only; and while the said Commons then Assembled (with expression of great affection to His Majesty, and His Ser∣vice) were in Debate and Consideration concerning some Supply, before any resolution by them made, He the said Earl of Strafford, with the help and assistance of the said Archbishop, did procure His Majesty to Dissolve the said Parliament, upon the 5th day of May last; and upon the same day, the said Earl of Strafford did treache∣rously, falsly and maliciously, endeavour to incense His Majesty against His loving and faithful Subjects, who had been Members of the said House of Commons, by telling His Majesty they had denyed to supply Him. And afterwards upon the same day, did trai∣terously and wickedly counsel and advise His Majesty to this effect, viz. That having tryed the affections of His People, He was loose and absolved from all rules of Government, and that he was to do every thing that Power would admit; and that His Majesty had tryed all ways, and was refused, and should be acquitted to∣wards God and Man; and that He had an Army in Ireland (mean∣ing the Army above-mentioned, consisting of Papists, his Depen∣dants, as is aforesaid) which he might imploy to reduce this King∣dom.

[article 24]

THE Four and Twentieth Article. The Charge,

24. THat in the same month of May, he the said Earl of Strafford, * 13.18 falsly, traiterously, and maliciously, published and decia∣red before others of His Majesties Privy Council, That the Par∣liament of England had forsaken the King, and that in denying to supply the King, they had given him advantage to supply himself by other wayes; and several other times he did maliciously, wick∣edly, and falsly, publish, and declare, That seeing the Parlia∣ment had refused to supply His Majesty in the ordinary and usual way, the King might provide for the Kingdom in such wayes, as he should hold fit, and that he was not to suffer himself to be ma∣stered by the frowardness and undutifulness of the people: And ha∣ving so maliciously slandered the said late House of Commons, he did, with the help and advice of the said Archbishop of Canterbury, and the Lord Finch, late Lord Keeper of the Great Seal of England, cause to be printed and published in His Majesties Name, a false and scandalous Book, Entituled, His Majesties Declaration of the Causes that moved him to Dissolve the last Parliament, Full of bitter and malicious Invectives, and false, and scandalous aspersions against the said House of Commons.

Monday, April 5. 1641.

THE Right Honourable the Lord Steward did this day * 13.19 in the first place, acquaint the Gentlemen that mana∣ged the Evidence at the Bar, That their Lordships had commanded him to let them know, that my Lord of Strafford on Saturday in the evening, gave in his Pe∣tition for the examination of my Lord of Northumber∣land; and that he coming in so late, it happened so, that the Gentlemen of the House of Commons could not possibly have leave to cross examine, and so the examinations are come only on one side, sealed up; wherefore his Lordship proposed, that things might for the present be so carried, as the proceedings of this day might not be hindred thereby.

Mr. Whitlock Answered, That they shall go on according to their Lord∣ships * 13.20 Order, but he desired the cross-examination of my Lord of Northum∣berland, and the Testimony of some other witnesses that are sent for, and not yet come (whose names they shall give in) may be reserved.

To which my Lord of Strafford replyed, That the motion is very new to * 13.21 him, and in these things of form, he may be easily mistaken, and prejudiced before he is aware: That to their cross-examining of my Lord of Northum∣berland, he is very willing; but for examining of Witnesses, whose Names are not yet known, and to have such a Latitude as to reserve supplemen∣tal proof, he conceives may be hard, and so appeals to their Lordships, whither their Lordships will not have them name their Witnesses, and assigne them a certain time, within which they shall examine them. And he desires likewise, the examination of my Lord Keeper, who is not yet examined, may be reserved for him. And likewise that my Lord of Canterbu∣ry may be examined, he having been examined, (as he understood) against him, which if he had not been, he should not have moved it: and that the advantage of their two Testimonies may be reserved to him.

But Mr. Whitlock and Mr. Maynard thus explained it, that they intend * 13.22 not to examine those who are not yet named in writing, but to produce them viva voce; and that they should take the boldness to name one of them to their Lordships, and that is Mr. Sergeant Glanvile, who was sent for eight days since, and will be in Town to night, And for my Lord of Canterbury, if they have examined him, it was before his Charge, and they shall make no use of his examination, neither is he a person capable of being a Witness, being now charged, and in some particulars, for conspi∣ring with the Lords at the Bar, and therefore they submit it, whether it be convenient he should be examined, though if they shall urge his Te∣stimony, it will be something; and likewise their Lordships over-ruled it in Sir George Ratcliff's Case. But my Lord of Strafford submitting all to their ordships good pleasure, it being his part only to move (as his Lordship said)

and do what their Lordships should in their wisdoms think fit. The Lord Steward declared their Lordships pleasure, that Sergeant Glanvill and the other Witnesses might be reserved to be heard to morrow viva voce; and * 13.23 that the examinations of my Lord of Northumberland, and my Lord Keep∣er might be likewise reserved; for my Lord of Canterbury it was observed, that he was examined before the Charge, and that the Gent. of the Com∣mons-House intend not to make use of his Testimony. And so the Com∣mittee proceeded to the next Article.

Mr. Whitlock proceeded, putting their Lordships in mind, that they * 13.24 had been pleased to take a view of my Lord of Strafford's Courses in Ire∣land, which have manifested his designe to subvert and change the Law and bring in an Arbitrary Government; That his execution of that Arbitrary Power upon the persons, Estates and Lives of the Kings Sub∣jects there, hath been a clear proof of this his designe. They shall now proceed to show their Lordships what his designe was in England and Scotland, as the same was set forth in the 20th21, 22, 23, and 24th Arti∣cles, together with the matters contained in them, they being interwoven and depending one upon the other, and so are but one business.

My Lord of Strafford did thereupon offer, that he conceived it was * 13.25 agreed, they shoul go Article by Article, that his Memory is short, and his Abilities weak; and if three or four be brought together, his Memory will not serve him to give them that account, that otherwise he should be able to do; And since the order of proceeding Article by Article was by consent, he besought that course might be persued, not giving con∣sent to the alteration of it.

But Mr. Maynard desired leave to remember their Lordships, that they * 13.26 offered to go Article by Article, till they came to some that were woven together, which might change the course. They find much time is lost be∣tween Article and Article, and there will need no great Consideration of of these, being only about words; and when my Lord of Strafford stands by way of Defence, he may not inform them which way to proceed, and they will proceed no way differently from what was formerly pro∣posed.

My Lord of Strafford humbly appealed to their Lordships, Whether the Favour offered him for recollecting his Notes, had spent much * 13.27 time; and added, perhaps if another man had been in his case, he would have thought as long a time as he had taken, necessary, tho a far abler man than himself; but this inverts the whole Order agreed on, and brings him to a great inconvenience, and therefore he desired he might Answer them single, in the mannor as was agreed upon.

To which Mr. Whitlock Answered, That if the Articles be not proceeded in together, and as having relation to one another, they will loose much * 13.28 of the Application, Evidence, and Proof; and he conceives will be more easie to my Lord of Strafford: And for the Order mentioned, there was, under favour, no order in it; but when my Lord of Straf∣ford made the motion (Mr. Whitlock said) he took the boldness to in∣form their Lordships, that he should proceed on some of them altogether,

which my Lord of Strafford did not deny, and their Lordships approved of, and according to that they desire to proceed.

Mr. Glyn adding, That he never knew before this time, a Prisoner at * 13.29 the Barr prescribe a Method to the Evidence, especially if he be charged with High Treason; and my Lord may afford them the same favour they do him, for if he will answer Article by Article, he may; but as they leave him to his course, so they desire to take their course.

But in that case my Lord of Strafford desired he might have time to * 13.30 Answer till to morrow morning, and professed that he should be extream unwilling to offer any thing that became him not in Humility and Mode∣sty, or to prescribe a course to any, he being in his condition; but he trusts he may with Humility and Duty, offer to their Lordships consi∣deration, these things that may be for his Assistance and Defence, with∣out offence to any.

So the Committee that managed the Evidence for the Commons-House, had direction to proceed as they had propounded.

Mr. Whitlock then proceeded to open the Charge of these Articles, which will refer, to prove a designe of my Lord of Strafford against Scotland, * 13.31 to subvert their Parliament, and our Government here, and to bring in an Army on us, to force us to submit to an Arbitrary Power.

First, they shall apply themselves to prove his designe against Scotland, which lies first in the Charge; That he advised the King two or three times, that the demands made by the Scots in their Parliament, were a sufficient ground for a Warr against them, notwithstanding that Parlia∣ment was indicted by the Kings Royal Authority, and they have their li∣berty to Propound and Treat.

Your Lordships may remember what my Lord of Strafford said at the sentencing of Stewart in Ireland, whereby he expressed his hatred and rancor towards them, and his opinion of them at that time, being after the pacification made, and he continues in the same ill opinion of them, and to give the same ill Council.

That at another time he told His Majesty, the demands of the Scots in their Parliament, were not matter of Religion; but struck at the root of Government, and that it was fit to punish them by force.

That he caused the Ships of the Scots in Ireland to be seized.

That he procured the Parliament in Ireland to declare their assistance, and give supply for a Warr against Scotland, and that several times he endeavoured to perswade His Majesty to an offensive Warr against the Scots, under which particulars will fall in proof, his design against Scot∣land.

His design against England was of the same nature, which will appear by his words and by his Councils, and by some Speeches given out by those that have very near Relation to him, and are his creatures, who agreed with his own words likewise.

They shall prove to their Lordships, That on a discourse between Sir George Ratcliffe and Sir Robert King, concerning the War with the Scots, and my Lord of Straffords being engaged in it. Sir George Ratcliffe told him, We are ingaged in a War with the Scots, and we must go on with it; and being demanded how the King would do, if he were not sup∣plyed by Parliament? He said the King hath 30000 men, and 400000 l. in his Purse, and his Sword by his side; and if he wants Money, who could pity him? That he said likewise he could make peace with the Scots when he list, but that was the worst of Evils.

There were other words spoken by Sir George Wentworth, my Lord of Strafford's Brother, to a Gentleman, a Member of the House of Commons; that England was sick of Peace, and it would never be well with it, till it were again conquered. These were the words of others his Creatures, They shall prove his Lordship's own words and Counsels.

That he declared his opinion to my Lord Primate of Ireland, that in case of necessity, His Majesty might use his Prerogative, to levy what he needed, saving first to try the Parliament, and if that supply him not, then to use his Prerogative as he pleased.

That at another time when my Lord Conway, a Nobleman of this House, was pleased to ask him, How the Forces raised, and to be raised, should be paid? My Lord of Strafford said, he doubted not but twelve Subsidies would be given. My Lord Conway putting the doubt to him again, What if they should not be given? My Lord of Strafford was pleased to reply, Then the King would be acquitted before God and Men, if he took some other course to supply himself, though it were against the Will of the Subject.

At another time, when His Majesty had Graciously declared himself, that he would have a Parliament, he was pleased to say, That in case the Parliament should not supply him, he would be ready to serve him in any other way. These Words and Counsels were all before the calling of the last Parliament.

In the time of the sitting of the Parliament, the House of Commons were frequently urged by Messages, procured by my Lord of Strafford from His Majesty, to take consideration of the Kings Supply for a War a∣against Scotland; and before consideration and relief of the grievances in Religion and Government of the Kingdom, 12 Subsidies were demand∣ed, for release of the Ship-money only, and when the House of Com∣mons were in debate concerning Supply, and before they came to resolu∣tion, by advise of my Lord of Strafford, that Parliament was dissolved.

After the Parliament was dissolved they shall show, how, by divers Words and Counsels my Lord of Strafford endeavoured, to incense His Majesty against His loving Subjects, and so to slander them to His Maje∣sty, as to make a division between them; And also of His design, to bring in an Army upon us.

That he declared to His Majesty, that the Parliament had denyed to supply him, and had quite forsaken him: and that he said to a Noble Earl of that House, That the Parliament in this great distress of the King and Kingdom, had refused to supply the King in the ordinary and usual way, and therefore the King might provide for the Kingdom, by such ways, as he thought fit; and that the King was not to suffer himself to be master∣ed by the frowardness, and undutifulness of his people.

That he said at another time to a Nobleman in this House, That the Parliament in denying to supply the King, had given him advantage to supply himself by other ways. And if worse words can be uttered or spo∣ken than what have been mentioned, they shall conclude with such of his words, as none can be imagined to be of more fearful and dangerous con∣sequence, viz. The same day that the Parliament was dissolved, my Lord of Strafford, by way of advice and Counsel, told His Majesty, That now he had tryed the affections of His People, and that he was loose, and absolved from all rules of Government: That he was to do all that Power would admit; since he had tryed all ways, and was refused, and should, in so doing, be acquitted before God and men, and that he had an Army in Ireland, which he might employ to reduce his Kingdoms.

They began with that which concerned Scotland; The Earl of Tra∣quair * 13.32 being sworn, was asked, What he remembred to be spoken by my Lord of Strafford, concerning the demands made by the Scots in their Par∣liament, when he (my Lord Traquair) made relation of those demands, with the time, and other circumstances.

He Answered, That it would be hard for him to answer to so general a question, for their Lordships, and a great many know, that he made relation of the demands made by the Scotch Subjects in Parliament, at two several times, one by the King's Command here, before the Lords of the Council: Another by the like Command of His Majesty, before the Peers at York.

But being directed to apply himself to the words spoken by my Lord of Strafford, when he made his relation before the Council here.

His Lordship Answered, That he could hardly give an Answer to such a general Question; but he believed my Lord of Strafford when he was at Council, gave his opinion in any thing brought in debate, as the Lords of the Council did: He knew what was brought in debate, but cannot condiscend to every thing that my Lord spake there.

Mr. Whitlock here interposed, and said, That he mentioned not the * 13.33 particular words, that might come from my Lord Traquairs own expression; but the question he desired, was, Whether my Lord of Strafford did not say, The demand of the Scotch Parliament was a sufficient ground for the War?

To which my Lord Traquair being Interrogated?

He Answered, That he should very clearly declare to the best of his memory, what he heard upon that occasion; but for the pre∣sent * 13.34 he could not remember particularly, of any such words ex∣pressed by my Lord of Strafford here at Whitehall (for he be∣lieves it was there when the Council met, when he made the first relation) But he remembred he was Deponed on these be∣fore, and if it might stand with their Lordships pleasure and form, he would willingly remit himself to his former Deposition.

Mr. Whitlock offered to their Lordships, that (for the recollecting of his memory) my Lord Traquair might peruse the former Deposition.

But my Lord of Strafford opposed it, because their Lordships having not yet made use of any thing taken on oath, he desired that Rule might be still kept.

Mr. Palmer insisted on it, it being not offered as a proof to be heard, but * 13.35 because it was tender'd to him to vary (being on his oath) though but in a Syllable, from what he had spoken before; And Mr. Glyn added, That this is very ordinary at Law. But my Lord of Portland moved that the House might be Adjourned, that the examinations should not be made use of.

My Lord Traquair desired, that he might not be mistaken, for he would express his Reasons, and humbly submit it to their Lordships, that he was by order of their Lordships, examined on oath before, and examined on the same question, and he only submitted this to their Lordships, whe∣ther or not their Lordships would allow him, to remit himself to the De∣positions in writing? And if it was not fit, nor consisted with their Lord∣ships pleasure, he should go on to the best of his memory, and if he keep not the very words, he should keep the sence. And this he said was, that he might not vary from any thing that was in his written Deposition.

Mr. Maynard to induce their Lordships thereunto, instanced, That if a * 13.36 man writes a thing in a Book, and he after produced as a Witness, the Witness may have leave to look on his own Book, much more when he is examined, and there can be no suspition of fraud in this.

Whence my Lord of Strafford inferred, That this Gentleman desired * 13.37 my Lord Traquair should desire that which my Lord himself did not de∣sire.

The Lord Traquair then proceeded and said; All that he remembred * 13.38 in this particular, to the best of his memory, was upon occasion of a De∣bate at York, at the Kings Majesties last being there; where it was re∣quired, That he should make that same relation before the Peers, who were to meet the next day after, that he had made at the Council-Board here: Some question having been made, what should be the ground or occasion of this relation again, since it was conceived, the business was not in the same condition it was, at the time of making his first relation: Because, as it was alledged at the time of making this relation, that it was only of Demands, and these Demands had been represented by the Commons of Parliament to His Majesty, with other Demands; and like∣wise in Parliament they had made these Demands pass into an Act: It was therefore represented by some, that there was not a necessity of making the same relation he had before; But of the Demands only, and not the Case of the business, as it stood before.

And upon this, (wherein he shall not be obliged to words) but some∣thing to this sence; my Lord of Strafford expressed, That he conceived, * 13.39 That the unreasonable Demands of Subjects in Parliament, was a ground for the King to put himself into a posture; or to this sence: and his Lordship repeated, and explained it; That the unreasonable Demands of Subjects, was a ground for the King, to put himself into a posture of War.

Being asked, Whether it was spoken of Demands in Parliament?

His Lordship Answered, It was, that the unreasonable Demands of His Subjects in Parliament &c. for it was on the Scotch busi∣ness they were speaking.

Being asked, where this was spoken?

He Answered, It was spoken before the meeting of the Peers, at the Council, which was convened, and he believes his Majesty was present.

Being directed to repeat the words again?

His Lordship said, the words were, That the unreasonable Demands of Subjects in Parliament (for it was on the Scotch Demands) my Lord conceived, might be a ground for the Kings Majesty, to put himself into a posture of War.

Being asked, Whether these Demands of the Scots were not in Parlia∣ment?

He Answered, That all the Demands made to the Kings Commissioner, are in Parliament, or by the Parliament; and here he said he was forced to make a little digression, if he Answered to this, for the Parliaments there, use not that way that the Parliament doth here: For he being the Kings Commissioner, Propositions, and Demands, and Articles were made for him which are the preparatory ways of Parliaments; and some Commissioners from the Gentry and Nobility, made motions and demands to him in private, before they were voted in publique. And of them all, he was tyed to make an account. All were made in Parliament, or by Warrant of Parliament, or by some Body of the Parlia∣ment.

Being asked, whether some of the Lords then present, did not declare and express themselves to be of a contrary opinion?

He Answered, That truly as he believed the occasion of this came up∣on this debate, and he believed there were some of the Lords of the Parliament, by way of debate, of another opinion, as he remembred it. And particularly my Lord Morton said, he was of another opinion, to the best of his memory.

Being Interrogated, who first spake in Council after this relation?

He Answered, That he believed in this there might be a mistake, for at that time he had made no relation, but was to make a relation next morning before the Peers, and this was only the debate, whether he should make relation or not? But at that time at York no relation was made before the Council, but before the Peers next morning.

Being Asked, But after the Relation made to the Peers, Who then spake first?

He Answered, That truly he could not tell.

Being Asked, Whether he could tell who spake first at Whitehal?

He Answered, That it is very well known to a great many Lords here, that he (by His Majesties Command) made a Narrative of the Demands made to him in Parliament by the Subjects of Scot∣land. In which Relation (he hoped my Lords memory would serve) he left the Commissioners, who were coming up, by War∣rant from His Majesty, on Petition, to give a Reason of their De∣mands. This he did, and it was his greatest care to do it faith∣fully and ingenuously, without burdening of any whom it con∣cerned: and, to burden his memory, who spake first, and who spake last, he could not tell; but, on debate of the business, some∣thing was proposed to the Table, and every man declared his Opinion; and, he thinks, they all agreed in one; but, who spake first, and who last, he knows not.

Being Asked, Whether he remembred the words my Lord of Strafford spake, at the making of that Relation to the Privy-Council?

He Answered, That he remembers that (which he hopes all my Lords well remember) on that Relation of his, the Kings Ma∣jesty being then present in Person, was gratiously pleased to take notice of that, he (the Deponent) had there affirmed, That some one (he thinks his name was Cunningham) was sent from the Parliament of Scotland, to supplicate His Majesty to allow some of their own members to come up to His Presence, and pre∣sent their Demands. The King was pleased it should be so; and when they were all of the same Opinion, the King condescended to it; and, to the best of his remembrance, it was consented to by my Lord of Strafford and the whole Board; That at their coming up, if they should not give good Reasons and satisfacti∣on for their Demands, they would be assistant to His Majesty to put him in a posture, to reduce them to their due Obedience; But he cannot tye himself to words.

Being Asked, What was meant by a Posture?

He Answered, A posture of Warr he believed, must needs be a capaci∣ty and Power, to reduce them to Obedience.

Being desired (upon my Lord of Straffords motion) to repeat the words again.

He Answered, That he made a Narrative Relation, and a Narrative Relation only: and the Commissioners, whom His Majesty was pleased to condescend to their coming up, to give Reasons of their Demands, That the Scotch Subjects had made in Parlia∣ment:

This being the State of the Question; and the Kings Majesty gratiously condescending, that some of their own Mem∣bers should come up, to represent their own Demands; It was put to the Question, What should be done? And this was the Conclusion (to his Memory, there being no Clerk nor Register there, wherein my Lord of Strafford was no more involved then the rest) that if these Commissioners should not, at their com∣ing up, give good satisfaction touching their Demands, the Coun∣cil would be assistant to His Majesty, to put Him into a Posture of Warr, to reduce them to their Obedience. He will not say, these very words were reported again to my Lords at York, but the Sence and way of them was.

My Lord Digby did here desire leave of their Lordships, to represent * 13.40 something on Consideration of that, which was last in Question, touching the Witnesses helping themselves by their former Examinations. He did forbear it before, in regard he saw this Honorable Lord, for his own parti∣cular, did not insist on it; But, for the future, he thought it very neces∣sary to represent it to their Lordships, as a thing not only much concerning the validity of the Proofs, but likewise very much conducing to the ho∣nour of many of their Lordships here; and, concerning the validity of their Proofs, he shall humbly offer this to their Lordships. That this noble Lord was often pleased to say, That he hoped he should not be tied to Words: Now, their Lordships may be pleased to consider the Charges of the present Articles are consisting principally of Words; to say, he shall not be tied to Words, is as much as to say, he shall not be tied to the Que∣stion. And this he offered only concerning the validity of the Proofs; But concerning the honor of some Noble Lords that sit here, he confesses he is very zealous in that when he thinks of it; that diverse of them have been Examined formerly upon Oath, and upon Oath set down, without great Leasure, and Recollection of the truth of things: and now, whether (so ma∣ny Months after, being called again suddenly on Oath, to give account of these Words) the best memory may not be subject to variance and discre∣pancie, and may not forget some prejudice and disadvantage to those no∣ble Lords honor, he humbly submits to their Lordships.

And Mr. Glyn added, That this Noble Lord hath prevented him; My * 13.41 Lord of Traquair hath not vary'd from his Examinations in substance, but if he had, under favour, they must stand upon his Examinations; and, it is Legal, and Just, and Ordinary; and never a Judge in England will deny it; that if a Witness be examined, and varies, his Examinations shall be read to his face, and it is no prejudice, for the party is ready to explain himself; And, he said, he was about the offering it, and now must offer it, according to the trust reposed in him by the House of Commons; that, if it stand with their Occasions, the Examinations may be read, and under favour they may.

To this my Lord of Strafford Answered, That here is a Question now stirred, that hath been hitherto denied; for, he could leave out any Exa∣minations * 13.42 taken, and certainly, as he conceives, it was never intended, that these Examinations should be made use of. They were preparatory and no other: And (by this learned Gentlemans leave) whereas he speaks of the manner of proceedings on Tryals of ordinary Felonies, he (the De∣fendant)

hath seen some of them; and, in all particulars, where the Wit∣ness hath been viva voce, he never heard Examinations Read.

But, Mr. Glyn averred what he said before; That if there be Examina∣tions * 13.43 taken of a Felon at Common Law, and the Witness comes viva voce; and the Kings Council takes advantage, they do Read the Examinations taken.

And here the Lord Steward declared, That it is not denyed to any to recollect himself.

My Lord Traquair thereupon further alledged, That this was the first * 13.44 time he was ever Examined upon Oath; and, if he hath been occasion of any Scruple, he desired Pardon: but, it was long since he was Examined, and he could not see his Depositions; and, lest he should have erred in his Words, he desired this favour.

Mr. Whitlock further added, That they must affirm this to be the ordi∣nary and constant practice; and, if their Lordships doubt it, it shall be * 13.45 made good: and, he hopes, the Commons of England shall not be in worse Case, then an ordinary Prosecutor.

And then offered the Deposition of my Lord Morton (he being ta∣ken ill at that time) to this Point.

By which means my Lord of Strafford observed himself to be debarred, * 13.46 of Cross-Examining him.

And Mr. Whitlock Answered, And so is every Prisoner in the like * 13.47 Case.

Yet my Lord of Strafford desired, He might reserve to himself the be∣nefit * 13.48 of Cross-examining him, if he should see Cause.

But Mr. Whitlock said, That, under favour, in this Case, no Prisoner hath benefit of Cross-Examination, where Examinations are read at * 13.49 Tryal.

And Mr. Glyn added, That he perceived by my Lord of Strafford, that * 13.50 he expected notice, what Witnesses they were ready to produce, and his Lordship knew what Witnesses will be necessary for his Defence, and should be careful of them: But, Mr. Glyn said further, That he thought never any Prisoner expected to know from the Prosecutor, what Witnes∣ses would be produced against him.

My Lord of Strafford confest, he might easily mistake, for never did so * 13.51 ignorant a Man, in their Proceedings, stand at the Bar: But, he con∣ceived, that if the other party do examine, it stands with Reason they should give him notice of it, else he cannot possibly Cross-Examine.

Mr. Whitlock thereunto replyed, That their Examinations are taken * 13.52 preparatorily, and it is according to Course of Law; That, if any

Witnesses die, or be necessarily absent, their Examinations be used at the Tryal.

Yet my Lord of Strafford said, He takes it, That if these be those they * 13.53 call preparatory Examinations, they ought not to be read but by an Or∣der of the House.

So my Lord Steward put an end to this matter, saying, That if it can * 13.54 be, the Witnesses, by the Order of the House, shall be Examined viva voce; if not, upon Faith made, the Examinations are to be heard. And then they proceeded to Read the Examinations of the Earl of Morton, ta∣ken 23 Ianuary, 1640. by vertue of, and according to a Commission un∣der * 13.55 the Great Seal of England, issued in Parliament, and dated 11 Ian. 1640.

To the 103. Interrogatory, This Examinant saith, That he was pre∣sent at York, the Night before the meeting of the Great Coun∣cil of the Peers of England, then at a Debate before His Maje∣sty, touching the ground of that War against the Scots.

104. He saith, That at, or in the said Debate, he heard the Earl of Strafford, in His Majesties presence, say, That the unreasonable and exorbitant Demands made by the Scots in their Parliament, were a sufficient ground to make a War against them; and that the King needed not to seek for any other grounds for it, or words to that effect.

105. That towards the end of the said Debate, this Examinant told His Majesty, That His Majesty having given the Scots leave, in their Parliament, to Petition for Redress of such things, as they conceived to be Grievances, he said, His Majesty would not think it a sufficient ground, to make War against them for any Demands by them made in Parliament, without first hearing the Reasons thereof, which reasons were not before that time rela∣ted at, or in any meeting of the Council, whereat this Exami∣nant was present; howbeit the said Earl of Strafford again said, That there was ground enough for that War. After which his Majesty was pleased to say, That this Examinant had reason, for what this Examinant did then say.

Whence Mr. Whitlock observed, That my Lord Morton went further then was opened; For though he told His Majesty, that that which was * 13.56 treated on in Parliament, especially by the Kings leave, and before the rea∣son of these demands were declared, was not a sufficient ground of a War; yet notwithstanding, my Lord of Strafford, though he heard not these Rea∣sons, nor knew whether they were unlawful or no, (he was not versed in Republica aliena) yet he reiterates and declares his advice again to His Majesty, That these Demands were a sufficient ground of War.

106. He saith, That when my Lord Traquair made Relation at the Council-Table, of the Demands made by the Scots in their Parli∣ament, without rendring any reason of the said Demands, as leav∣ing this to the Scotch Commissioners, who were on their way,

coming towards His Majesty, by His Majesties leave, and allow∣ed to yield their Reasons in that behalf: which Course of the said Earl of Traquairs, in leaving the said reasons to the said Com∣missioners, His Majesty well approved of, and pleased himself to expect from him a Relation onely what the said demands were; this Examinant, on the said occasion, heard the said E. of Strafford say to His Majesty, after the said Demands so related, That the said Demands were not matters of Religion, but such as did strike at the Root of Government, and such as he thought were fit for his Majesty to punish by force; or words to such ef∣fect.

Whence Mr. Whitlock observed, That the words last read, were spoken * 13.57 by my Lord of Strafford, at that time, when my Lord Traquair made a Relation before the Council here, which was a great while before the se∣cond Relation at York, before the Great Council of the Peers. And, though the King himself, in his Clemency and Goodness, thought that a sufficient Reason, to do no more upon it at that time, having not heard the Reasons; yet my Lord of Strafford was pleased then to give Him this Counsel.

My Lord Traquair being Interrogated, Whether the Reasons of the De∣mands * 13.58 were given before, or at the Meeting at Whitehall?

He Answered, That at his first Relation, their Lordships know very well, the Commissioners were not come up; but, he cannot burthen his Memory, That he heard my Lord of Strafford say such words.

Mr. Glyn observed, That they put it only to this, That the Reasons * 13.59 were not, nor could not be related, the Commissioners being not come up.

And, from these Proofes, Mr. Whitlock conceived it to stand proved, * 13.60 That my Lord of Strafford laboured to perswade His Majesty to an Of∣fensive War, to Imbroyle both Kingdoms in a National Quarrel, and the blood one of another, and this several times: and that at Whitehall being Three Quarters of a year before the other, which was at the Council at York.

For Proof of the further Prosecution of his Design.

Sir Henry Vane, Treasurer of His Majesties Houshold, and Principal Se∣cretary of State, was Sworn and Interrogated, What Advice my Lord of * 13.61 Strafford gave to His Majesty, concerning making of a War with Scot∣land; or seizing their Lordships?

He Answered, That he should be very glad to understand the Que∣stion cleerly, before he makes an Answer; for, to part of it, he is able to say nothing: that is, concerning the Ships of Scot∣land, he not hearing of it till now. And, he will be sorry here, to say any thing, that is not true; for, he conceives, the Witnesses were put upon a great strait. The Examinations were taken long since; and, for his part, he hath seen none of

them: And he besought their Lordships, to take so much care of them, that they may not be subject to cross what was said before; and, peradventure, bespatter our selves, when we ought to have our Memories a little refresht in it. This he said he thought fit to speak before he Answers the Question; and, if he be asked such a Question as he cannot clearly Answer to, he shall do it Candidly and Ingenuously; but, to the Ships, he can say nothing.

Being Asked, Whether about the 5th day of May, 1639, he heard my Lord of Strafford perswade the King to an offensive War against the Scots?

He Answered, saying, That to that question he is able to speak; and, he is the better able (which he may declare to their Lordships here) because His Majesty hath been pleased, out of the Justice and equality he owes to all his Servants, to give him leave to do it: To that point then, this he sayes, clearly and plainly, Whether it were upon the 5th day of May, or no, he is not able to say; but either that day, or shortly after, where diverse of my Lords were present, being commanded, after the breach of the Parliament, to speak what was fit to be done, and every man to vote in his own turn, and he amongst the rest took his turn; and he must say, that after Mr. Secretary Windebank had spoken first of it, it came to him: There were then diverse Reasons agi∣tated, which do not occurr to his Memory; but this he remem∣bers well, a Defensive War was proposed, for it was propo∣sed by himself: Thereupon that was not thought fit to be done; and certainly my Lord of Strafford was of opinion for an Offen∣sive War. This he can say, and this is all he can say to this point.

Being Interrogated, What he could say against my Lord of Straffords procuring the Parliament of Ireland, to engage themselves in a Supply for a War against Scotland?

He Answered, That this was new to him; and, he could say nothing to it in particular, but what in general came to his knowledge; That so many Subsidies were given to the King: and that is all he can say, having not heard of the Question till now.

Mr. Whitlock desired to read my Lord of Northumberland his Examina∣tion. * 13.62

But, my Lord of Strafford conceived that not so proper, his Examination * 13.63 being reserved.

Which Objection Mr. Whitlock taking off, by offering to their Lordships that for which they desired to reserve him, was another Matter, they now * 13.64 desiring his Examinations only to the point, of my Lord of Straffords per∣swading the King, to an Offensive War against the Scots.

The Examination of Algernon Earl of Northumberland, taken 5th Decem∣ber, 1640. Read.

To the 16th Interrogatory, he saith; That the said Lord Lieutenant * 13.65 did, after the breach of the last Parliament, advise His Majesty, To go vigorously on in an Offensive, and not Defensive War against the Scots.

The Lord Bishop of London, Lord Treasurer of England, Sworn, and In∣terrogated, * 13.66 What he knew concerning the Earl of Straffords giving Ad∣vice to His Majesty, to go on in an Offensive War against the Scots, before, or after the breach of the last Parliament?

He Answered, That all he remembred of my Lord of Straffords Advice, touching a War, was, That which he gave publickly in Council at the Council-Board; for, he remembred not any single Advice that he gave at all. The Advice given by his Lordship (the Deponent) at the Council-Board, after the Relation made by my Lord (the Earl of Traquair) to the best of his remembrance was this; My Lord Traquair did make a Relation before His Ma∣jesty, and my Lords, of what had passed in the Parliament of Scotland, and of many Demands made there; whereunto they did desire to have His Majesties consent and approbation: His Majesty was pleased to signifie to those Lords, That, among these Demands, there were some of them very prejudicial to that Crown; insomuch, that He could by no means give way to and consent to them, with His Honor and safety, and thereupon the Advice, or Opinion, given, was (and then was given by my Lord the Earl of Strafford, (as well as others of my Lords) and the Demands being of that nature, as they were then informed, and the Commissioners, as he remembers, being then come up, or at lest had a Licence to come up;) It was Resolved upon, That, in case they should insist upon those Demands, that had been so related, and would not recede nor alter, nor submit otherwise, then His Majesty should prepare Himself to reduce them by force; this he takes to be my Lord of Straffords Expression, and the Substance of what was there delivered.

Being Asked, Whether my Lord of Strafford advised then an Offen∣sive War, or a Defensive War?

He Answered, That he did not well remember what kind of War, but he thinks it was an Offensive War.

Being Asked, Whether at the Dissolving of the last Parliament, my Lord of Strafford did not advise to an Offensive War?

He Answered, That he remembers, upon a Meeting afterwards, of casting up the Charges, and other things, there was a dis∣course of it, Whether it was best to have a War, as only De∣fensive (the War being then resolved upon) or to make an

Offensive War? that is, to enter into Scotland with Force: And there were diverse Opinions in't, and he believes my Lord did incline to the Opinion, for an Offensive War.

Being Asked (on my Lord of Straffords motion) Whether he (my Lord of Strafford) delivered any Opinion at that time, different from the rest of the Lords present?

He Answered, That every man there, exprest himself in such sort as he thought fit; some in one kind, some in another; but he did not observe any difference as to the main, in the Opini∣on of any man.

Being Asked, About the time, When this was?

He Answered, It was at the Council-Board, at that time, when my Lord Traquair made his Relation, and, as he remembers, it was about December.

Being Asked, Whether he delivered his Opinion once, or twice?

He Answered, The Opinion was delivered but once, as he Remem∣bers.

To the Seizing of the Scotch Ships in Ireland, after the Pacifica∣tion,

Mr. Nich. Barnewell Sworn, and Interrogated, What he knew of * 13.67 the stopping of the Scotch Ships in Ireland?

He Answered, That Sir Robert Loftus had a place under my Lord Admiral, and had seized on some Scotch Ships and Boates; and, that others fled away: and, that Sir George Ratcliff was Angry that he spoke of it in so Publick a Place, as to give them occasion to run away; but, the time he doth not remem∣ber: and, he thinks, Sir Robert Loftus was Vice-Admiral of Lemster; but, he cannot take his Oath that the Warrant was from my Lord of Strafford; but, Sir Robert told him, He had a Warrant.

And so Mr. Whitlock said, They would leave it, as to the matter of * 13.68 Scotland, and observed the Proofes. That when a free Parliament was Convened there, by the Kings Authority, and had liberty to treat of their Grievances and Demands; and, when these Demands, by way of Narration, were declared in my Lord of Straffords hearing, though the reasons of them were not then delivered: yet my Lord of Strafford gave his Advice to the King, That these Demands made in Parliament were a sufficient ground of a War against them, even af∣ter His Majesty had declared Himself satisfied, and would stay to hear the Reasons; but that would not satisfie my Lord of Straf∣ford, he himself declared it at several times, and before himself had heard the Reasons, that the Demands made by the Kings Free

Parliament, were a sufficient ground of a War: And if it be so (Mr. Whit∣lock, said he) he is sure then, Parliament or no Parliament, no Liberty, nor Property can subsist with it.

My Lord of Strafford hath declared his intention and designe, to sub∣vert the Parliament, and to subvert the Government of Scotland. That he perswaded the King to an offensive War, and told the King, their Demands were not matter of Religion, but struck at the root of Government, and that it was fit to punish them by force, and on these proofs it is concei∣ved his Designe was manifest. After this Mr. Whitlock proceeded to shew also his Design against England, and began with the Testimony of my Lord Primate of Ireland.

The Examination of the Right Reverend Father in God, Iames, Lord Archbishop of Armagh, Primate of all Ireland, taken 11 Ian. 1640.

To the 119^th Interrogatory he saith, That in or about April last past, * 13.69 in discourse betwixt the Earl of Strafford, Lord-Lieutenant of Ireland, and this Examinant at Dublin in Ireland, touching the Levies of Money upon the Subjects by the King, he did hear the said Earl of Strafford declare, That he did agree with those in England, who thought, that (in case of imminent necessity) the King might make use of his Prerogative, to levy what he needed, save that, as his Lordship then further said, in his opi∣nion) His Majesty was first to try His Parliament, and if that sup∣plyed him not, then he might make use of His Prerogative, as He pleased Himself; or words to that effect.

The Lord Conway being asked what words my Lord of Strafford used, * 13.70 when the said Lord Conway Demanded, How the Army should be paid, in case the Parliament gave not supply?

His Lordship Answered, That he had been formerly examined upon this thing, and then gave his Answer, and besought their Lordships to give him leave to look on what he said, that he might not vary.

And after some Debate thereupon, having the Copy of his Examination shewed him.

He Answered to the said Question, That it was only for one word, that he desired to look into the Paper, and it was, whether in the later end he did not say (or words to that effect) These words about which he is examined, did pass between my Lord of Strafford and him in private discourse, when (he believes) neither of them thought they should have been called to an ac∣count for them; for they were then thinking of raising of Horse, and seeing but small sums of Money, He asked my Lord how these Forces should be paid? His Lordship Answered, He made no doubt, but that the Parliament would give assistance to the King by 12 Subsidies; and if they did that, it would sufficiently pay the Army, or some such words. But said he (my Lord Conway) What if the Parliament shall not supply the King, or not give these Subsidies? Then my Lord of Strafford said, or words to that effect, That the King had need, and if the Parli∣ment

would not supply the King in those things that were just and lawful to be supplyed; and if they would be so wilful, as not to supply him; then the King was justified before God and Man, if he did help himself in the Goods of the Subjects (or to this effect) tho it were against their Wills.

Being directed to repeat the words again (on my Lord of Strafford's motion.)

His Lordship Answered, That in his examination he said words to this effect, and so he doth now, yet doth not depose absolutely, that these very words were spoken, but to his understanding, and as he then conceived them, they were to this purpose; when he asked my Lord of Strafford, how these Troops then raised should be paid? My Lord of Strafford said, He made no doubt but the Parliament would supply the King, and give him 12 Subsidies. And saying again. What if the Parliament would not give him that assistance? My Lord of Strafford said, The cause was very just and lawful, and if the Parliament would not sup∣ply him, then he was justified before God and Man, if he sought means to help himself, though it were against their Wills.

Sir Henry Vane being Interrogated, whether he did not hear my Lord * 13.71 of Strafford (when consideration was had of a Parliament, before the last Parliament) promise His Majesty, in case the Parliament did not succeed, he would be ready to serve him in any other way?

He Answered, That he must begin, as the Lord that spake last (since they have no help of their Examinations) which is, that the words were such, or to such an effect, for otherwise, they that be Witnesses have a very hard task to play, for they lye open to be excepted against, and peradventure when they speak truly, may be intangled, if their memory help them not out. But to the Question proposed, he says this, That upon the 5th of De∣cember, as he takes it, he did hear my Lord of Strafford speak words to that effect, as they are now asked, to his best remem∣brance: and truly (he thinks) really he did viz. That truly if the Parliament should not succeed, his Lordship would be rea dy to assist His Majesty any other way, or words to this effect.

Mr. Whitlock summed up the Evidence, and said, There was an intent to * 13.72 call a Parliament, to try if they would give the King a Supply, and being engaged in a War against the Scots, my Lord of Strafford before the Par∣liament came, doubted not but 12 Subsidies would be given, and while the Parliament was sitting, that was the number demanded by a Message from the King.

This designe did not take other effect than himself expected, and it seems desired; for when the Parliament was set, and frequently urged by messa∣ges from His Majesty, to give that very number of 12 Subsidies, and that for release of Ship-money only, whereas by the old and right course of Par∣liaments, the grievances are in the first place to be considered of, and to be humbly presented to His Majesty; and upon redress of those grievan∣ces,

the people are to shew their thankfulness to His Majesty, for His Grace and Goodness, in redressing of them, by their free gift of Subsidies.

My Lord of Strafford changes this course, and perswades His Majesty to put the Subsidies in the first place, and to fall at first on consideration of supply, and that so great a proportion, and while the Parliament was in debate of this, and before they had resolved whether they would give Supply or no, by my Lord of Strafford's advice, the Parliament was Dis∣solved; His Lordship confesses in his Answer, he did give his Vote for dis∣solving of the Parliament, and they shall make it appear in time, that he did procure it.

After the Parliament was Dissolved, my Lord of Strafford goes on, en∣deavouring all that lay in his power, to incense a Gracious Sovereign a∣gainst His loving Subjects, to slander the people to the King, and for ever to break off all Parliaments, and take away the Liberty and Property of the Subject; and by what course? By Force, by bringing in an Army amongst us. That was his Advice, tho (blessed be God) His Majesty was pleased to reject it.

1. To prove what was said by the Creatures and Friends of my Lord of Strafford.

Sir Ro. King being Interrogated, What words he heard from Sir George * 13.73 Ratcliffe to this purpose, That the King had an Army, and Money in his Purse, and if His Subjects in England should not supply him, what use he might make of His Army for supply, and the times?

He Answered, That he demanded of Sir George Ratcliffe, How the King would do for Money to maintain the Scotch War? Sir George Ratcliffe said, The King could not want Money, His Majesty had an Army of 30000 Men, and he had 400000 l. in his Purse, and a Sword by his side, and if he would want Money, who could pity him? or words to this purpose.

To which he the Deponent objected, How can this course be taken, when the Scotch are on foot unpacified? Sir George Answered, They can make peace with the Scotch when they please; and being riding together to the——he the Deponent said, That my Lord Lieutenant, and the said Sir George had least reason of all His Majesties Subjects to desire a War. Sir George Answered, It is true, For his part he would give 20000 l. to be quit of it, but we are now engaged, and we cannot but go on; and then he (the Deponent) asking, What he would do for Money? Sir George Answered, The King could not want Money, He had an Army, &c. as before is deposed.

Being asked what was the reason of making this Demand, and whether he did conceive a forcible way was intended?

He Answered, He did understand that by the words, That if they would not supply him, the King was ready to supply himself.

Lord Ranalaugh being Interrogated, What he heard Sir George Ratcliffe * 13.74 speak, concerning the Kings levying Money by force, or to that pur∣pose?

He Answered, That the words he is to inform their Lordships of, and on which he was formerly examined, proceeded from Sir George * 13.75 Ratcliffe, not to him privately and only, but they were spoken in a Council of War, when they were assembled together upon that service. My Lord-Lieutenant arrived in Ireland in March was 12 Months, and after his Lordship had spent some days in Ireland, (within which time he (the Deponent) with others, were commanded, to attend at a Council of War) depart∣ed that Kingdom, leaving direction behind him, how this affair should be proceeded in, in his Lordships absence; and as he takes it, in the beginning of April, my Lord departed out of Ireland; and not long after, they being assembled in a Council of War, there was occasion to speak of all preparations that should be, for the raising of an Army of 8000 Foot, and Pro∣vision for transportation of 1000 Horse, which was the Army of Ireland at that time. In these discourses they found there was a great deal of Treasure to be consumed, and much Money required, to supply the occasion: It was computed (and he thinks, Sir George Ratcliffe had a privy hand in the computing of it) how much charge would maintain the Army for a year? and to the best of his remembrance, it was computed at 270000 l. and odd, which gave them occasion (considering the Army to be transported out of Ireland, was but in proportion ⅓ of what was prepared in England) to speak of the Charge that must be raised in England, according to that proportion: And they find∣ing it to amount to so great a sum, it fell into question, how the King should be supplyed with Money, for so great expence of Treasure, if he were not supplyed by Parliament? Sir George Ratcliffe Answered, The King hath his Sword by his side, and 30000 men at command, and if he want money, let no man pity him. It was thereupon replyed, and as (he the Deponent takes it, by himself) how can Money be raised, when the Scotch Army is on foot, and so strong? Sir George Answered, We can make peace with the Scots when we list, but that is the worst of evils; and this is in substance as much as the Deponent can remember.

Whence Mr. Whitlock observed, That their Lordships heard what passed * 13.76 from Sir George Ratcliffe in Words and Counsels, and that their Lordships knew the nearness and relation between Sir George Ratcliffe, and my Lord of Strafford, and this was after direction was left for raising the Army; and when my Lord of Strafford was come away himself, it seems he had left his directions with Sir George Ratcliffe, as it will appear by my Lords own words concurring with these.

And Mr. Maynard desired their Lordships to take notice of these words, * 13.77 (We can make peace with the Scots when we will) it was not Sir George Rat∣cliffe alone.

Sir Tho. Barrington being Sworn and Interrogated, what words passed * 13.78 from Sir George Wentworth to him, About Englands being sick of peace, &c, at what time it was, and on what occasion?

He Answered, That immediately after the last Parliament, Sir George Wentworth had accidentally a discourse with him, being a Gentle∣man, with whom, he (the Deponent) never had intercourse or interlocution before that time. On some discourse betwixt them concerning the former Parliament, in the close of his discourse, he was pleased to express himself thus. This Commonwealth is sick of Peace, and will not be well till it be conquered again. The application of these words, he (the Deponent) said, he must leave to their Lordships better Judgements, he not being able to de∣cide it: And to the occasion, according to the truth which shall be ever present with him, he (the Deponent) said he would deliver it cleerly. They had some occasion to discourse of the former Parliament, and speaking now on his oath, he must express that, which otherwise he should not, being the words of a pri∣vate discourse, which in the course of his life he hath ever avoid∣ed, especially in the Case of a Gentleman. They were in dis∣course of the former Parliament, and the carriage of that; and Sir George Wentworth was of one opinion, and he (the Depo∣nent) of another. Sir George expressed himself in this sence, That he conceived the Parliament had no intention to give the King Money, he (the Deponent) said, That if the Kings Majesty had pleased, they had sate awhile together; they had supplied him, And on the close, that expression fell from him, that which he (the Deponent) said, he shall not not need to repeat.

Sir Robert King being Interrogated, what sense and apprehension was in my Lord Ranalaugh, on the words that fell from Sir George Ratcliffe * 13.79 at the Council-Board?

He Answered, That my Lord Ranalaugh did conceive, there was an intention to take Money forcibly in England, and was much trou∣bled with the words, and cast out some such Speeches; That we shall turn our swords on them from whom we are descended, and having cut their throats, make way for our own safety, or some such words.

Lord Ranalaugh being Interrogated, what his sense was of these words, * 13.80 spoken by Sir George Ratcliffe?

He Answered, That the expression of these words, and some other words, that fell from my Lord-Lieutenant to himself, before his Lordships departure out of Ireland, made him doubt that there might be some danger intended, by the transportation of the Army; and it was not his sense alone, for upon discourse betwixt others that were of the Council and himself, the like apprehensi∣ons were amongst them, as between my Lord President of Munster and him; and also between Sir Adam Loftus and him: Those that durst be free one to another, did express their fears and apprehensions about it.

Being asked, what the words were my Lord of Strafford spake to him, on which the apprehensions were grounded?

He Answered, That it was thus: My Lord of Strafford at his last be∣ing in Ireland, was pleased to say to him, My Lord, will you buy any Land? I will sell you all the Land I have in Ireland. To which, he the Lord Ranalaugh Answered, That he is not able to buy Land, being in debt, and God forbid his Lordship should sell his Land in Ireland; Truly says he, my Lord, we are like to have a troublesome world, and I am willing to part with it. To which, the Lord Ranalaugh replyed, it will be hard then with us, that have no Estates but in Ireland. No my Lord (says my Lord of Strafford) I do not mean it so, for I believe you will be qui∣eter here, than they will be in England: But he doth not think that ever he spake these last words to Sir Robert King in his life.

Being asked, How he expressed his sense of those words to Sir Robert King?

He Answered, That the first discourse was from Sir George Ratcliffe; the latter was from my Lord to himself. He apprehended there was some design (as he feared) in England, and he had this rea∣son for it too. For in that condition they were then in, they of the Council of Warr saw no possibility to make this Army in a readiness to invade Scotland within the time limited; for by directions of my Lord of Strafford, left with them, they were to be ready at the Provincial Rendezvous, by the 18^th of May, and that by subsequent directions, was forborn till 18^th Iune: then they all met, to march to the general Rendezvous; The Arms, Ammunition, and Preparations could not be ready so soon, nor were they in readiness, till the end of Sept. follow∣ing; So that on the whole matter, those amongst them that might be free, their consultations all agreed, that it might tend to the purposes here declared.

And from the time observed by my Lord Ranalaugh, for the raising of * 13.81 the Army in Ireland, Mr. Whitlock observed, That it could not be intend∣ed for Scotland, for no Army was raised in Scotland, till some months after.

To prove the words spoken by the Lord of Strafford himself, to shew his designe to bring the Army to England.

Sir Tho. German Comptroller of His Majesties Houshold, being Interro∣gated, * 13.82 whether he heard not the Earl of Strafford tell the King, that the Parliament had denyed to supply him, and had sorsaken him, or words to that effect?

He Answered, That he should humbly presume to crave one thing of their Lordships, and it was briefly this, There is nothing that he can be Interrogated upon in this Cause, but it must fall with∣in the cognizance and knowledge of many of my Lords here present, who must needs remember all that he hath to say, as well, or perhaps better than he can himself; His humble desire

therefore to their Lordships is, That if through distance of time, and the weakness of his memory, there be any thing that may be better remembred by some of their Lordships, than is at this time by himself, it may not be imputed to him, as from a desire of concealing any part of the truth, but a failor in memory; and that their Lordships will believe of him, that in this great Assembly, he shall be very unwilling to speak any thing, but, that that shall perfectly occurr to his remembrance, and that request granted, he shall humbly answer to every thing. And to the question he remembers very well, that he was Inter∣rogated upon the same terms heretofore, that he is now. His An∣swer was then, as he takes it, in these words; That he remem∣bred that he heard my Lord of Strafford say something of the Parliaments deserting, or forsaking the King, or something to that effect or purpose; but he did not remember then, what in∣ference my Lord made upon it, nor what he did conclude there∣upon; neither can he now call himself to further remembrance on that point, than he then deposed.

The Earl of Bristol Sworn and Interrogated, Whether he heard any * 13.83 words spoken by my Lord of Strafford, That in this great distress of King and Kingdom, the Parliament had refused to supply the King in the ordi∣nary and usual way, and that therefore the King might provide for the Kingdom, by such ways as he thought fit, and was not to suffer himself to be mastered by the frowardness and undutifulness of his people, or to that effect?

He Answered, That it is very true, that about 12 months since, by meer accident, he had a private discourse with my Lord of Straf∣ford, and some months after had discourse with a Peer of this House, my Lord Conway by name, meerly to let him know the difference that was between some Tenants of my Lord of Straf∣fords and himself (the Earl of Bristol) What use hath been made of it, he doth not know; But upon this, he doth conceive he comes to be Interrogated: It is almost Twelvemonths agoe, since this discourse did happen, yet afterwards he was called, now a month or six weeks since, and was examined on oath on several Interrogatories; After he had well recollected himself, he did set down for his memory, what he could think of, and out of those Notes and Papers, he did then make his An∣swer: Now his examination being upon oath, he shall be very loath to depose particularly to words, but to the effect of what passed: And therefore he shall crave leave, not out of his exa∣minations, but out of the words he then set down, to read the effect of what he then spake; for if a man be deprived of words, and tell not the sense and coherence, and subsequents, he shall not do himself right, but may do a great deal of wrong to the party accused: and therefore, though it be somewhat the long∣er, he shall tell the circumstances. It is true, That after the disso lution of the last Parliament, he had discourse accidentally with the Earl of Strafford, but being many months since, he cannot precisely depose unto the words that then passed; But he re∣members, that speaking then together of the great distractions of

those times (Videlicet) touching the present things, that were then at Lambeth (for it was just about that time of the Mutiny of some Soldiers against their Officers) of the present great dan∣ger apprehended by the ensuing War (as was feared) of Scot∣land, and of the said Parliament being broken, without supply∣ing the King; he (the Earl of Bristol) did then, in his discourse, chiefly attribute these disorders to the breach of the Parliament; And, speaking what might be the best way for help in these di∣stressed times, he then conceived and said, that he thought the best way to prevent any desperate undertakings, would be, to Summon a new Parliament, that might quiet the times for the present.

The expectation thereof might quiet the Distempers at that time. And, as for the War of Scotland, he did much fear the success of it, unless the King should be assisted both with the Purse and Affections of his People. And he Alleadging to my Lord of Strafford many Reasons for it, conceiving it was not likely, that our Nation, lying under great Grievances, should go willingly and chearfully to a War, labouring under the same grievances with themselves. My Lord of Strafford (he must speak it, and confess it very ingenuously) seemed no way to dislike the Discourse; but said, he did not conceive it to be Counsellable at that time; neither did the present dangers of the Kingdom (which were not now imaginary, but real and pressing) admit of so slow and uncertain a remedy, as a Parlia∣ment was; for that the Parliament had, in the great distress of the King and Kingdom, refused now to supply the King, by the ordinary and usual way of Subsidies: and therefore the King must provide for the safety of his Kingdom, by such wayes as He should think fit in his wisdom. And he (the Earl of Bristol) doth remember, that the said Earl of Strafford, at the same time, did use the Sentence, Salus Reipublicae Suprema Lex: And fur∣ther (not to bind himself to words, but to the sense) at the same time, the Earl of Strafford used these words, or words to this effect. That the King was not to suffer himself to be ma∣stered by the frowardness and undutifulness of his People, or rather (as he conceives) by the disaffection and stubborness of some particular men.

And this he said from his former Notes, which he thought fit rather to use, than to trust his Memory.

Being Asked, Whether by particular Men, he meant not particular mem∣bers of the Parliament?

His Lordship Answered; By his Troth he conceives so, for he was speaking of the Parliament.

Edward Lord Newburgh being Sworn, and Interrogated, Whether he did not hear my Lord of Strafford speak these words to His Majesty, That the Parliament, in denying the King, had given him advantage to supply himself by other wayes?

His Lordship Answered, That those very words he never heard, nor words to that effect. But, he hath Answered, in his Deposition, what he hath heard; and he shall desire to speak a little before he Repeats it; And this it is. When he was Examined, he did then speak that, which occurred to his memory; but, since the agitation of this business, something else hath come into his thoughts; And, if he shall speak that which his Conscience now tells him, he shall desire my Lords that then Examined him, and the Gentlemen, not to misinterpret him, if he shall add some∣thing to what he formerly delivered. He cannot say, whether (when he heard these words) the King was by or no, for he doth not remember it; But, he very well remembers, that after the breach of the last Parliament, he heard, at the Gallery, or Coun∣cil-Table, but he rather believes now at Council-Table, some words to this effect; That, seeing the Parliament had not sup∣plied the King, His Majesty might take other Courses, for De∣fence of the Kingdom: But, though he cannot possibly Swear, my Lord Lieutenant spake these words; yet, he verily believes he heard him speak something to this purpose: And, this is all he can testifie.

Henry Earl of Holland Sworn, and Interrogated, Whether he did not * 13.84 hear my Lord of Strafford say to His Majesty, That the Parliament, in de∣nying the King, had given Him advantage to supply Himself, by other wayes, or words to that effect?

His Lordship Answered, That he needs not trouble their Lordships with Circumstances, or long Discourses; but, these words, to the best of his remembrance, according to his Oath, he conceives were said to the King, upon the Dissolving of the Parliament, at the Council-Table; That the Parliament, in denying to supply the King, had given Him advantage to supply Himself by other wayes. But, he will not tye himself so particularly to the words, but, as at the time when he was Examined before the Gentlemen of the Committee, he added, or words to this effect.

Being Asked, By whom they were spoken?

His Lordship Answered, By my Lord of Strafford.

Mr. Whitlock then proceeded to the latter words of the 23^d Article, which * 13.85 shew, in full and plain termes, what my Lord of Straffords design was, and what he would have laboured, and endeavoured His Majesty to enter∣tain.

The words of the Charge were Read.

And, to prove them, the Examination of Algernon Earl of Northumber∣land was first Read, taken the 5^th Decemb. 1640.

To the 7^th Interrogatory he saith, That the Earl of Strafford said, That in case of necessity, and for the Defence and Safety of the

Kingdom, if the People do refuse to supply the King, the King is Absolved from Rules of Government: and, that every thing is to be done for the preservation of the King and His People; and, that His Majesty was acquitted before God and Man; And he saith, that the said words were spoken at the Committee for Scotch Affairs, in the presence of His Majesty; and, for the time of speaking these words, he doth not perfectly remember. He saith, That these were the Discourses mentioned in his An∣swer to the third Interrogatory, which made him believe what he hath answered to the said third Interrogatory.

Their Lordships calling to have the third Interrogatory Read, It was Read.

To the Third and Fourth, he saith, That the Forces which were to come out of Ireland, were to Land in the West part of Scotland; but he doth not know, nor hath heard (to his Remembrance) that these Forces, or any other, were to be imployed in this Kingdom, to Compel, or Awe the Subjects of this Realm, to yield to such Taxes and Charges, as should be Imposed on them by His Majesty. He saith, That he hath heard my Lord Lieu∣tenant make some Discourses to the King, whereby he believes, that in case the King were not supplied by Parliament, that some Course was intended to raise Moneys by Extraordinary wayes.

He saith, That the said Lord Lieutenant did declare, in His Ma∣jesties presence, That the Design was to Land the Irish Army in the West parts of Scotland.

Sir Henry Vane being Interrogated, What words he heard my Lord of Strafford speak to the King, before the Parliament, or after the Dissoluti∣on * 13.86 of it, tending to this; That the King had tried the Affections of His People, and was Loose and Absolved from all Rules of Government: and on what occasion?

He Answered, That to the General Question, of what was spoken before, or after the sitting of the Parliament, he doth not re∣member: and there are no particular words asked him. But, to these words, which have been read, he shall, as near as he can, ingenuously deliver, what he did formerly depose; ever reser∣ving to himself words to the same effect. That he considers ve∣ry well where he is, and the presence before whom he speaks; That he hath never, in the whole course of his life loved to tell an untruth, much less in this Honourable Assembly. That he shall, as near as he can, in this Case, tell their Lordships plainly and truely the matter. It is true (as my Lord Admiral hath de∣clared to their Lordships) that these words he is to testifie, were spoken at the Committee of Eight for the Scotch Affairs: For the time, he shall crave pardon, if he cannot particularly speak to it: But, thus far he shall say, It was clearly after the Dissolution of the last Parliament; It is true, and if he do not very much mistake, it was when the debate, whether a Defen∣sive or an Offensive War, was Controverted; And, to the best

that he can remember, and clearly as he conceives, there were words spoken, either these he shall now relate, or to the same effect, by my Lord of Strafford, who is now at the Bar. The occasion being, Whether an Offensive or Defensive War? and Arguments were Controverted in it. My Lord of Strafford did say, in a Discourse (for he must be ingenuous, he must say all he hath deposed, or is required) Your Majesty having tryed all wayes, and being Refused; and, in Case of this extream necessi∣ty, and for the safety of the Kingdom, You are acquitted be∣fore God and Men: You have an Army in Ireland, which You may Imploy here to Reduce this Kingdom, or some words to this effect: And, Sir Henry Vane added, That he desires to speak clearly to it; It is true, My Lord of Strafford said these words, You may. But, by that, he (the Examinant) cannot say it was intended, but that the words were spoken; and, if it were the last hour he is to speak, it is the Truth to his best Remembrance.

Being Asked (on the several Motions of my Lord of Clare, and my Lord Savil) Whether, by this Kingdom, he meant the Kingdom of England, or Scotland? and, Whether it was meant, That he might imploy the Army in England, or in Ireland, because he said, The Army might be there im∣ployed?

He Answered, That he shall, as near as he can: And, because he would have-Truth appear, he shall desire, That if in this Case, any word fall, which may be uncouth in the Sence, they would re∣sort to his Examinations, for there it remains under his Hand and Oath.

But, to his best remembrance, he thinks, neither then, nor there were used; But, Your Majesty hath an Army in Ireland, You may Imploy to reduce this Kingdom: But, far be it from him (the Examinant) to Interpret them. He tells their Lordships the words, and no other.

Being directed by the Lord Steward, to repeat what he had spoken.

He Answered, That he shall plainly and clearly do it; These words were spoken (as my Lord of Northumberland hath testified) at the Committee of Eight, for the Scotch Affairs: It was an oc∣casion of a Debate, Whether an Offensive, or a Defensive War with the Kingdom of Scotland? That, on some Debate then, some being of Opinion for a Defensive, some for an Offensive War; he did say the words related, as he conceives. That in a Discourse, the Earl of Strafford said these words, or words to this effect; Your Majesty having tryed all wayes, and refused; in this case of extream necessity, and for the Safety of Your King∣dom and People, You are loose and absolved from all Rules of Go∣vernment; You are acquitted before God and Men; You have an Ar∣my in Ireland; You may imploy it to reduce this Kingdom.

Being Asked, How long this was after the Parliament was Dissol∣ved?

He Answered, He cannot tell the time; but, it was suddenly after, or within few dayes after the dissolution of the Parliament.

Being Asked (on my Lord of Clares motion) Whether these words, You have an Army in Ireland; did immediately follow these words, You are Absolved, &c.

He Answered, That, to his best remembrance, it did interpose; and, my Lord of Strafford did speak it once or twice.

And, to his best remembrance, at first it was agitated, to press the Offensive War; for, there were divers Reasons given, as the Kingdom stood then, that there should be no Offensive War; and, he must speak clearly, and plainly, he (the Examinant) did move for a Defensive War: For, the Subjects of England, how they stood affected to this War, they knew; and besides a breach of a Parliament, he thought it would but induce an ill effect. On these Controversions the words were spoken.

Here Mr. Whitlock observed, That these words were spoken in England, * 13.87 on this occasion, Of the Kings trying His People, &c. which cannot be intended any other place but England, where the Parliament was broken, and where the King had tried his People.

Being Asked (on the motion of the Earl of Southampton) Whether he sayes positively, my Lord of Strafford did say these words, or words to that effect, or whether to his best remembrance?

He Answered, That he speaks positively, either those words, or words to that effect.

The Earl of Clare desiring further satisfaction, to the Question formerly * 13.88 proposed on this Motion, Whether he meant by this Kingdom, the Kingdom of England, or the Kingdom of Scotland?

The Lord Steward put his Lordship in mind, That Sir Henry Vane testi∣fies * 13.89 to the Words, not to the Interpretation.

And, Mr. Maynard said, The Question is put, Whether this Kingdom, * 13.90 be this Kingdom?

And, so Mr. Whitlock said, They should conclude their Evidence, con∣ceiving * 13.91 the last words spoken, to be very fully proved; and, by con∣nexion with those other words proved before, he thinks it is very clear and manifest, That my Lord of Strafford had a strong Design and Endea∣vour, to subvert and change the Fundamental Laws and Government of England, and to bring in an Army upon us, to force this Kingdom to sub∣mit to an Arbitrary Power. That he shall not trouble their Lordships with repitition of words, nor with the Application of them, for indeed they be above Application; and, to aggravate them, were to allay them; they have in themselves more bitterness and horror, then he is able to ex∣press: and so he left them to their Lordships consideration and applicati∣on, expecting my Lord of Straffords Answer to them:

Only he desired their Lordships, in one point, to hear what Mr. Trea∣surer can say further, concerning the breach of the last Parliament, and what Words and Messages he heard of, during the sitting of that Parlia∣ment, procured by my Lord of Strafford; unless their Lordships will reserve that, till the rest of the Witnesses come to morrow morning, and then they shall be ready to produce all relating to that point toge∣ther.

Whereupon liberty was granted for the reserving of them according∣ly.

My Lord of Strafford did hereupon crave of their Lord∣ships * 13.92 leave, to recollect his Notes, being (as he said) a little Distract∣ed, how to give Answer to these things; for, diverse Articles are min∣gled together, which will make his Answer not so clear as otherwise he had hoped to have made it, but trusts he shall do it still.

He desires leave to Answer Article by Article: and, how much horror soever this Gentleman is pleased to say, there is in these words, he trusts, before he goes out of the Room, to make it appear, that though there may be error of Judgment, yet nothing that may give offence, when the Antecedents and Consequents are brought together: and, that he shall give such an account, that (whether or no their Lordships will clear him, as to the Charge of an Indiscreet Man, he knows not) but, as for Treason to the King, and His People, he shall give clear satisfaction, that no such thing was spoken or intended.

His Lordship desired, He might be favoured with the sight of my Lord of Northumberlands Examinations.

But this, Mr Glyn opposed, and said, His Lordship being to Answer * 13.93 to matter of Fact, let him first say how it stands, and then prove it.

To which my Lord of Strafford Answered, That, in truth, they make * 13.94 much more of it then he did; for, he trusts, by the blessing of Almighty God, to give the Answer of an honest Man to all Objections, he will not say of a discreet Man; and, once for all, he humbly besought their Lord∣ships (and so he knows in their Wisdom and Judgment they will) to look what is proved, and not to what is enforced on those proofs from these Gentlemen: For words pass, and may be easily mistaken, but their Lordships having regard only to what is Deposed, and that they were to guide themselves by that.

After some Respit, my Lord of Strafford began to make his Defence as followeth.

That it will be very hard for him to know, in what order to Answer all the matters objected against him; But, the best course he can take for his own direction (and he trusts it shall not be displeasing to their Lordships) will be, to go over the Articles as they lie in order, and under every Arti∣cle to give his own Proof, and to repeat all the Proofs prest against him for that Article.

The other day, an end was made of the 19^th Article, but then likewise the 20^th was entred into; so, the middle part of that Charge is answered

already, touching words by him spoken at his last being in Ireland; and, to that he shall not need farther to Answer.

But, here is in it, that he did labour to Perswade, Incite, and Provoke to an Offensive War against the said Subjects of the Scotch Nation; and, to have been, by his Counsels, Actions, and Endeavors, a Principal Incendi∣ary.

To prove this, they have offered first my Lord Traquairs Depositions; and, he craved leave to represent to their Lordships, How he conceived his testimony was delivered (viz.) That upon a Relation of his (the Lord Traquair) made at the Council-Board, he gave his Opinion as other their Lordships did; and, that it was condescended to by the Council-Board, That if the Comissioners of Scotland gave not satisfaction, that then the King might put himself in a posture of War; so that he gave only an Opinion as others did.

And that is proved (as he conceives) by my Lord Traquair; who, a∣mong other parts of his Testimony recited, sayes; That there was no dif∣ference in the main amongst the Votes: So that by both the Testimo∣nies, it plainly appears, that his Opinion was no other then the Opinion of the rest; And, certainly, as that Opinion can never be charged on any of the rest of the Lords, in any kind whatsoever; so he trusts it shall never be charged upon him: for, he thinks, he is in a great safety and security, when he hath the concurrence of so many wiser persons then him∣self, in the Opinion he then deliver'd, and that is, for so much as was spoken at the Council-Board; And if it were needful (as he conceives it is not) to examine the persons that were there, it should appear he de∣livered no Vote at all at that time, but the Vote of the Board: But, it is clear in their own proofs, and their Lordships will (he hopes) justifie him in their Judgments, when it comes to Sentence.

The next thing is the Deposition of my Lord Morton, concerning some∣thing spoken at York, at a Council there called; he met before the As∣sembly of the Great Council of the Peers, where, he conceives, and, as he remembers, he (the Earl of Strafford) spake something to this sence; That the unreasonable Demands of Subjects in Parliament, was a ground for the King to put Himself into a posture of War.

When this had been resolved by the Council of England, he conceives it no great Crime for him to say so: For, upon the Question put on those Demands, it was said, That it was fit for the King, to put Himself in∣to a Posture of War, and into a Condition to reduce them by Force, if they could not be brought by fair means, to do their Allegiance and Duty to the King.

There is something more, that my Lord Morton sayes; That he (the Earl of Strafford) should say, It was a sufficient Cause, without hearing their Reasons, to Declare a War.

This he (my Lord of Strafford) conceives under favour, is but a single Testimony; And my Lord Morton gives himself the Answer; for he sayes the Reasons were not related when he was present, and therefore, in that my Lord of Strafford conceives there is little matter.

My Lord Traquair sayes one thing more, and that is, That the reasons were left to be alledged by the Scotch Commissioners: It is true, they were so:

And my Lord Morton sayes, that he (the Defendant) should say, It was not matter of Religion that was the business, but they struck at the root of Government, and were to be punished by force.

He further adds by way of Defence, That if he thought they struck at the root of Government, he thinks every man will say, he had reason to say, it was fit to reduce them by force.

But he said, he should speak further of these things anon, when he should represent, what Words are in respect of Deeds, and what diffe∣rence there is between what a man Sayes and Does, in case of Treason.

But under favour, these two last are no part of his Charge, though he answers them, for he is not charged with speaking any thing to the King at York, the night before the Great Council, but only with speaking at the Council-Board on my Lord Traquair's relation; and this he conceives is all they bring against him, to convince him of the 20^th Article, saving only the testimony of my Lord of Northumberland, and of M^r. Treasurers; And M^r. Treasurer says, That it being agitated, whether a De∣fensive or an offensive War were to be undertaken? he was for a defensive, and my Lord of Strafford for an offensive War.

He (the Deponent) cannot conceive, how this can conduce to make a Treason; If the War was resolved on, the Debate, whether an offensive or defensive, shall not be Treasonable: admit it to be as M^r. Treasurer sayes, M^r. Treasurer alledged his reason, and he (the Earl of Strafford) al∣ledged his, and God forbid it should be Treason in one, or any other, they both doing their Duties, and delivering their Consciences according to their oaths; It was resolved as fit to reduce them, and whether by an of∣fensive or defensive War, being a free Council, they were bound to de∣liver Judgements to a Master, that was so wise as to know what was best for his service, and so to dispose as he should think fit.

My Lord of Northumberland sayes, That he (the Earl of Strafford) ad∣vised to go on vigorously in an offensive War: Admit he did say so, it is not Treason, it was a free debate; many reasons were given, and for him to give his reasons one way, was as free from Crime or Offence, as for them to give their reasons another way.

They say that (as a chief Incendiary of the troubles between His Maje∣sty and the Scotch) he seized divers Scotch Ships when he was in Ireland, and for this they have only Mr. Barnwels Testimony; and all he says, is, That Sir Robert Loftus told him, he had a Warrant to seize the Ships, and they did seize them accordingly, but by whose Warrant he doth not know.

But if your Lordships will know by whose Warrant it was, he shall give the best account he can, and offer some proofs.

Sir Robert Loftus was the Vice-Admiral of the Province of Lemster, him∣self was Vice-Admiral of the Province of Munster; and about that time the Lord Admiral sent Direction and Command to the Vice-Admiral of Lemster and Munster, to seize all the Scotch Ships then in those Ports; so that what was done, was done by the authority of my Lord Admiral; and if their Lordships asked Mr. Slingsby, he will say, that about that time there came these Commands, and by virtue thereof these Ships were stayed.

Mr. Slingsby being Interrogated, whether about that time my Lord Ad∣miral sent Warrants to the Vice-Admirals, to seize the Scotch Ships in their several Ports?

He Answered, That he received the Letters, just as my Lord was go∣ing * 13.95 into England, and dispersed them to the Vice-Admirals, he executing that for Munster as Deputy to my Lord, and the Ships were stayed after my Lords going into England, and not before.

Whence my Lord of Strafford concluded, That it appeared, that he * 13.96 hath not been an extraordinary stirrer of difference between the King and the Subject, he never desiring any thing but peace and quietness, and that all things might be ended (as he trusts they shall) with good understanding and perpetuity of affection amongst our selves, and with them.

And there his Lordship left the 20th Article, hoping he had fully and clearly satisfied their Lordships, as to any crime in it, but whether his Judgement did mislead him in an opinion, he will not dispute, but will confess willingly, That no man is more ready to mistake than him∣self.

His Lordship proceeds to the 21 Article, which his Lordship read.

This he said, he perceives is a particular they have much insisted on, but have not (as he conceives) offered any substantial proof for what they alledge.

The first proof of the 21 Article, was my Lord Primates Examina∣tion, wherein he sayes, That in a discourse betwixt them concerning the levying of money on the Subjects, in case of imminent necessity; his opi∣nion was, the King might use his Prerogative as he pleases, but first it was best to try his Parliament.

This is the only Testimony in this particular; being Singularis Testis, he knows it will weigh with their Lordships accordingly; and then it is no otherwise, but by way of Discourse and Argument; and how far that shall be layed to a mans Charge, he must submit, in regard of the rea∣sons subsequent in the next Article, so that he will reserve himself to this point, till he comes thither. But the words fairly and cleerly understood, abide a sence no way of danger to him that speaks them; For they are, That the King may use his Prerogative as he pleases, and the Kings pleasure is always just, and will not use his Prerogative, but justly and fairly, and for a man to think otherwise, were a higher offence.

Besides, many things are lawful, which if they were done to the utter∣most of the Power, that his Prerogative, and the Law of the Land gives him, might be prejudicial to His Subjects; which notwithstanding, he in his goodness and discharge of the Trust, God Almighty hath put into him, never hath, nor will exercise, but suffer them to be imployed for the Sub∣jects advantage, according to the present occasion: And therefore to say he may use His Prerogative as he pleases, might be without prejudice to the Subject, and very lawful. But it is a greater offence by much, to think

that the King will use his Prerogative otherwise, then as befits a Christian and pious King.

And therefore he hopes these words shall not be laid to his charge, as a signal crime, and of so high, deadly, and capital a nature as Treason.

The next proof offered, is my Lord Conway, and he sayes, on some discourse (which being private between friend and friend, neither of them thought they should come here to give an account of) My Lord Con∣way asked him where the means should be for the Supply of the Kings Army? He told him, in Parliament, and doubted not but the Parliament would supply His Majesty, so far he was from thinking there should be that misfortune, as the breach of that Parliament, but quite contrary.

And for the words, That if the King should be denyed in just and lawful things, he might justifie before God and men, the seeking means to help him∣selfe, though it were against their will. He must needs say, That to help a mans self is a very natural motion, for commonly a mans self is the last creature that leaves him, and that which is natural to every man, is natu∣ral to the King, who is accountable, not only for himself, but also for all his people.

The next is Mr. Treasurer: And he says, That the 5th of December was Twelvemonths, to the best of his Remembrance, upon a Proposition of a Parliament to the King, he (the Earl of Strafford) should say, That if the Parliament should not succeed, he would be ready to assist His Maje∣sty any other way. He sees not where the heynousness of the words lies, nor where the venom is that should endanger him, as to his Life and Honor; And if he said he would assist His Majesty any other way, if it were need∣ful, or any way conducing to his purpose, he is verily perswaded, Mr. Trea∣surer himself said as much, but that is not material, for he conceives it not blameble in either of them to have said so much; therefore he laies it not on him as a Recrimination. For the Question was, a Parliament or no Parliament; a Parliament was the desire of every man to settle the Com∣mon-wealth by, that they might stare super vias antiquas. And when they were moving His Majesty for a Parliament, for him to say, he would help any other way, doth always presuppose what must be presupposed, that it must be in all lawful ways; The King cannot command unlawful ways; and he hath that opinion of His Majesty, and of His Truth and Faithfulness, that He will not Command him any wayes, but lawful wayes, he having not carried himself in his Masters service so, as that he can have an opinion of him, that he will do any thing, but what is honourable and just, and therefore he hopes it is spoken without offence, being fairly and rightly understood, That is, of lawful ways, the ways the King could command, and the wayes himself could serve him in, being no other. And this is all they bring to prove that part of the 21 Article, that concerns his procu∣ring of His Majesty to break the Parliament, and by Force and Power to raise Money on the Subjects; And this is all he sayes, and all they charge out of that Article.

This he must add, That when he sayes he will serve the King in any other ways; in all Debates whensoever he expressed himself to that pur∣pose, he did ever in the conclusion end with this, That there was no safe nor sure expedient, to settle a right understanding between the King and His people, and to make both happy, but Parliaments; as shall appear

clearly and plainly by that time he hath given his proofs, and so it will appear, he meant only lawful ways.

The next particular wherewith he is charged, is to procure the Parlia∣ment of the Kingdom of Ireland, to declare their assistance in a War against the Scots.

For that if their Lordships please to give him leave, he thinks the thing it self will best shew it self, and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read.

And that of the Commons-House was read, being in effect,

THe Declaration of the Commons-House there, Importing; Whereas they have with one consent, cleerly given to His Majesty, Four entire Subsi∣dies towards His present preparations, to reduce His disaffected Subjects, the Covenanters in Scotland, to their due obedience; They still hope that His Maje∣sties great Wisdom, and unexampled Clemency, may yet prevail with the worse affected of those His Subjects, to bring them to that conformity and submissi∣on, which by the Laws of God and Nature they owe to him: But if His Majesty shall be enforced to use His Power, to vindicate His just Authority: This House for themselves, and the Commons of this Kingdom, do profess, that their Zeal and Duty shall not stay here at these four Subsidies, but Humbly pro∣mise, That they will be ready with their Persons and Estates, to their utter∣most ability for His Majesties future Supply in Parliament, as His great oc∣casions, by the continuance of His Forces against that distemper shall require. This they pray, that it may be represented to His Majesty by the Lord Lieute∣nant, and Recorded as an Ordinance of Parliament, and published in Print as a Testimony to all the world and succeding ages; That as this Kingdom hath the happiness to be governed by the best of Kings, so they desire to give cause, That he shall account this people amongst the best of His Subjects.

The Declaration of the Lords Spiritual and Temporal being of the same Tenor, was spared to be read.

Upon which my Lord of Strafford said, That if he had procured this De∣claration, it had been no crime, considering what preceeded in the Kings Council there. But he says he hath no part in it, it was done with the greatest freedom and cheerfulness that ever he did, or shall see a thing of that nature done: It must be ascribed to that Nation, and the Zeal, Af∣fection, and Chearfulness, by which they discovered themselves to the Kings service, to which there was no need to invite them. But if he had had a part in it, he might have justified it, considering what precedent Instructions he had from the King, which he could shew, but that he is loath to take up their Lordships time.

The next thing he is charged withal is, for confederating with Sir George Ratcliffe, and together with him, traiterously conspiring, to em∣ploy the Army raised in Ireland, for the ruine and destruction of the Kingdom of England, and of His Majesties Subjects; and subverting the fundamental Laws of this Kingdom.

To which he saith, That truly if it be made appear, that he had so much as any such thought in his Breast, he should easily give Judgement against

himself, as not worthy to live. If he should confederate to the destructi∣on of the Countrey that bore him, and consequently to the making of himself and his posterity little else than Vassals, who were born a free people, by the goodness of Almighty God, and under the Protection and Justice of the King, and particularly of His Majesty,

That he hath a heart that loves freedom as well as another man, and values it as highly, and in a modest and dutiful way, will go as far to de∣fend it: And therefore certainly he is not altogether so probably to be thought a person that would go against it; Nay, he thinks that man doth the King the best service, that stands for the modest Propriety and Liberty of the Subject. It hath been once his opinion, which he learnt in the Honourable House of Commons, when he had the honor to sit there; it hath gone along with him in the whole course of his service to the Common-wealth, and by the Grace of God, he shall carry it to his Grave; That the Prerogative of the Crown, and Liberty of the Subject, should be equally looked upon, and served together, but not apart.

The proof they offer for this, is a strange manner of proof; For First they prove by Sir Robert King, what Sir George Ratcliffe said; they will not admit the examination of Sir George Ratcliffe, but here is a Report upon a Report; And what sayes this Gentleman? He tells of some time Sir George Ratcliffe said, which was not concerning him (the Defendant) and was impertinent for him to repeat. But the Deponent sayes in the con∣clusion, That as he understood them, there was some danger towards, &c.

Then comes my Lord Ranalaugh, and reports the words of Sir George Ratcliffe, and in conclusion sayes, That by some things he did gather, he had fears there might be some intendment, to employ that Army in Ireland, or some other place; but he (the Defendant (offers to their Lordships, That what Sir George Ratcliffe said, was nothing to him, and so could not charge him with it. The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney; and it is a priviledge which, though he hath the honor to be a Peer, he shall never desire that a Peer may do it by Proxy: Sir George Ratcliffe cannot speak, nor procure Treason for him; and being Sir George Ratcliffes words, they cannot be his (the Earl of Straf∣fords) offence; and he hopes Sir George will answer them, as an honest Gentleman, and a Privy-Counsellor to the King, which he hath the ho∣nor to be in Ireland. And how Sir Robert King understood them, is as little, if not less to him (the Defendant) Sir Robert's understanding of a thing can make no crime to him (my Lord of Strafford) And for my Lord Ranalaugh's fears, he may take them back again, for it will be shew∣ed they were groundless fears, viz. That this Army was intended for Eng∣lish ground: For him to imagine, that because my Lord of Strafford said, It was like to be a troublesome world, and that he was willing to sell his Land, therefore this Army should come into England; These be Non se∣quiturs, and fancies of his own, and there was no colour for such fears in his Lordship.

Besides, my Lord Ranalaugh was not acquainted with the Design, and therefore he might easily mistake, but others were acquainted with it, in such manner, as is expressed in his Answer, and which (my Lord said) he shall now declare, viz.

That there was no intention or purpose of bringing this Irish Army in∣to England; And whereas to the Design he hath exprest in his Answer,

of having two Honourable Persons to be made privy, and divers others to his Papers, he Humbly besought their Lordships to favour him so far, as to suffer him to ask a Question of three or four persons he shall produce, professing that there was never a thought in any mans heart that he knew, nor never a word in any mans mouth, that ever he heard, that any part of the Army should ever touch a foot on English ground, as some of their Lordships, and His Majesty knows (where his Lordship added) If he may with Reverence name His Majesty in that poor and distressed conditi∣on, wherein himself is; for he is not worthy of his Protection, being in this miserable Case, and therefore it was too much boldness for him, to name him; But his Lordship desired the benefit of reading my Lord of Nor∣thumberland's Examination, to the point of that Design.

Algernon, Earl of Northumberland, his Examination taken.

To the First Interrogatory he saith, That he hath often heard both His Majesty, and the Earl of Strafford mention the 8000 Foot, which were to be raised in Ireland; but to his best remembrance, he never heard any in∣tention, of bringing the said 8000 Foot, or any part thereof into England; That the design of landing them on the West of Scotland, was often spoke of, and so resolved, as he believes.

To the Second he saith, He doth not remember, that ever he heard the Earl of Strafford speak or mention the reducing of the Subjects of Eng∣land by the said Army in Ireland.

Here my Lord of Strafford desired their Lordships to take notice, that my Lord of Northumberland was one of the Committee of Eight for Scotch affairs.

The Lord Marq. Hamilton being Sworn and Interrogated, what he knew or believed, concerning the raising of 8000 Foot in Ireland; or whether he was privy to any intention of bringing the same, or any part of them into England?

His Lordship Answered, It is late, and time is precious to their Lord∣ships, * 13.97 and so he shall answer as shortly as he can unto that Que∣stion. It is very true, His Majesty was Graciously pleased to ac∣quaint him with the resolution of raising that Army of 8000 Foot; And it is true, that the resolution was, That these men should Land in the West of Scotland, about a certain Town, called Ayre, or where my Lord should find it most convenient. And for any thing he (the Examinant) knows, there was no other design, he never heard of any, nor did he hear of the bring∣ing of them into England, for any such use or end, or that they were ever to come to England at all.

Being asked whether he heard my Lord of Strafford speak any thing concerning the reducing of England by the Army?

His Lordship Answered, That he doth not remember my Lord of Straf∣ford to have spoken any such words.

Sir Tho. Lucas, Sergeant-Major-General of the Horse of the King's Army in Ireland, who (as my Lord of Strafford said) being with him him here in Candlemas-Term was 12 months, in his own Lodging at Covent-Garden, something passed between them, concerning the disposing of the 8000 Foot, and 1000 Horse, to what purpose they were raised.

And being asked, What was the Intent and Circumstance of that discourse?

He Answered, That about the latter end of Ianuary 1639. my Lord of Strafford told him, an Army was to be raised in Ireland, ano∣ther in England, and with the English Army a Regiment of Horse, whereof his (the Examinants) Troop should be one, and some Regiments of Foot, and these Foot and Horse were to joyn with the Irish Army; and that my Lord taking a Map of Scotland (which lay then in the Chamber) said, Now I must tell you the greatest secret in all the world, and pointed with his finger towards that part of Scotland, which lies on the Dunbar-Frith: and said, the Irish Army is to land here, and here I intend to take a Town (but he did not nominate the Town) and added, That he might the more easily do it, be∣cause the Scots would not expect his Landing there, but it is likely, will imagine the Landing of the Irish Army at Carlisle, or some other part of England. And his Lordship said further, That when he had taken this, he would strongly fortifie it, in∣tending it for a Magazine of Ammunition and Victuals for the Irish Army, and so he should bring all the Countrey about to Contribution, even to Edenburgh, and when he is Landed, he (the Examinant) should have notice, and should joyn with the Irish Army; and that he would send these Horse, my Lord spake to him the Examinant, about 1000, (as he thinks) to convey him the Examinant to him.

My Lord of Strafford added, That the truth is, there were Foot-Re∣giments of Sir Tho. Wharton's, and Sir Arthur Tyrringham's, and Sir Tho. Lucas's Regiment of 500 Horse; that (when the Irish were Landed in Scotland) were to be fetcht by Ships from St. Rees, and so to have joyn∣ed with the others. And it was supposed, 500 would have found no great difficulty on a suddain for such a march, and Sir Tho. Wharton, and Sir Arthur Tyrringham came over purposely, to have persued his Design; by which it appears, there was no design to bring them to England; and so a strange Philosophy it was to bring it into any mans thoughts, it should be so.

Mr. Slingsby being Interrogated, What he knew concerning the Design * 13.98 of the Irish Army?

He Answered. That he had the honor to be sworn of the Council of War, and then the charge of making the whole Magazine of Ammunition and Provision for that Army, was conferred on him, That he repaired to England 10 days after my Lord, and persued his received Instructions, for making preparations of Ar∣tillery and Ammunition directed, which he got all shipp'd and

ready about Iuly; that the slow proceedings of the Irish Army did then retard his directions from my Lord-Lieutenant, for the dispatch away of those Ships which were ready.

That my Lord was pleased to tell him, he must provide some stores for a Magazine for maintainance of the Soldiers; that he was pleased to im∣part to him, That the Army was to Land in Scotland about Aire; That he thereupon proceeded to get a Map drawn of that Coast, and informed himself by that Map, and discoursed with Scotchmen in Town; That Aire was a barred Harbor, and that divers Ordinance were mounted to inter∣cept the Landing, which he representing to my Lord-Lieutenant, my Lord directed him to take consideration of the burdens of the Ships, and whether they could be brought to ride near the Town, and that there might be provision of Flat-bottomm'd Boats to Land a good number at once; That he had a Warrant to receive 10 of the King's Flat-bottomm'd Boats, and 20 were provided by my Lord of Antrim the last year with Oars, and a floating Battery to secure the Landing of the men; That he had direction to obtain Warrants from my Lord of Newport for 10, 16, or 20 pieces of Ordinance, That at first he had 10, afterwards 6 more Iron pieces for fortification, which (as my Lord of Strafford had imparted to him the Examinant) were to fortifie the place after Landing at Aire, and were Shipt and sent away, but the Ships were not sent a good while after, by rea∣son of the slow proceedings of the Army.

Being asked whether my Lord of Strafford did not give him direction to get a Coast-Map, to let him know the particular place, where he intended to Land?

He Answered, That he was particularly commanded to get a Platt drawn, and the party that drew it is in Town, and can testify, that he designed him.

Being asked, Whether he had not Commission and Instructions from my Lord of Strfford to discharge some Ships for the lessening of the Kings Charge, and to take only so many, as might be fit for the service?

He Answered, That he received that command from my Lord Lieute∣nant, to discharge most of the Ships, and none went about but them that were laden with Ammunition, and he received di∣rection to take as few Ships as he could, to prevent charge to His Majesty, and discharged some 10 or 14 Flemish Ships that were fraighted.

This my Lord of Strafford said, he offers, because he would not have it stick with any man, That in the things concerning the Kings Service, ne∣cessaries were not ready at the time; therefore he would not have any thing asperse him; for the King never commanded him any thing, but (according to what he understood,) he did it faithfully, and never any thing miscarried.

Sir William Pennyman being asked, What my Lord of Strafford's Answer was to him, when he told my Lord of some News scattered, that the Irish Army were intended for England?

He Answered, He did Ask such a Question, and remembers it (and may be, more particularly than my Lord doth) That he was newly come from his Quarter, and my Lord told him, That some of their Lordships were come with a Petition to the King, and, among other things, Petitioned, That the Irish Army should not come over, and wondered, their Lordships should Petition for that; for certainly, he should know that particular as much as their Lordships; and protested, before God, they were never intended to set foot on English Ground: That he (Sir Willi∣am Pennyman) reply'd again, Certainly a great many more were in a great deal of darkness and error; for, he had asked Sir Robert Farrar the Reason the Irish Army did not come over, it being the conjecture of a great many they should Land at Wor∣kington; and his Lordship protested again, That he never knew they were to set foot on English ground.

He (the Defendant) confesseth, he said, The Army was to come to Workington, and joyn with the Kings Forces at Barwick; for, he had no reason to prepare the Scots before-hand but to disguise the business, though he never thought nor heard of any purpose under Heaven, that any of them should come on English Ground: And added, That he did not rest here, but acquainted my Lord of Ormond the Lieutenant-General of that Army, my Lord President of Munster, my Lord Justice Burlace (who now is Ge∣neral of the Artillery) that the Army was to be sent for Knockfergus, the Northerly part of Ireland, and the business to be for Scotland, not for England: And, the sending of all the Stores to the uttermost Confines, shews plainly and demonstratively, that the Design wrought there, how∣soever it was pretended in another place.

The next thing brought into his Charge, is from the Mouth of his own Brother; and, it is narrowly sought after, even in his innermost friends, his Brother, his Table, his House, his Bed, in every place, for something to Convince him of that, which he thanks God he was never guilty of.

It is from a Testimony of Sir Tho. Barrington, who tells what passed be∣tween Sir Thomas and his Brother. But, in Answer thereunto, he offers, That what his Brother sayes is nothing to him: his Brother is a young Gen∣tleman; and, in things that concern the Kings service, and where there lies the Obligation of an Oath, his Brother knows no more from him, than a meer stranger, nor shall, though he knows him well: and therefore he hopes this cannot convince him, when the whole course of his actions goes another way.

But, thus much he must say for his Brother, before he be Examined, That when it was first opened in the Parliament House, That one near to him in blood should say, England would be never well till it be Conquer'd a∣gain; he could not imagine who in the world it should be; And besought their Lordships, that, since he now comes to know it, his Brother may be Asked, Whether he knows any thing of it?

Sir George Wentworth being to speak as to the said Discourse, Mr. May∣nard opposed this proceeding, as tending to the clearing of him∣self;

supposing, that if they had examined him, whether he had spoken the words or no, their Lordships would not have suffer∣ed him to be examined to charge himself; and their Lordships Judgments were humbly demanded, whether if he be not to be examined on one side, he should be examined on the other? But Sir George Wentworth desiring to be heard for his own Justificati∣on, Mr. Maynard further offered, That being for his own Ju∣stification, * 13.99 he could not (under favour of their Lordships) be heard.

And their Lordships directed it accordingly.

My Lord of Strafford offering to their Lordships, That it is easie to * 13.100 mistake words, that pass betwixt Man and Man, in ordinary and familiar Discourse; and, that Memories that can remember things, so long since, he protested are quicker and fresher then ever his was.

The Committee thereupon offered to confirm the Testimony by some other Circumstances; but, their Lordships seeming satisfied, it was forborn.

And so my Lord of Strafford concluded that part of the Charge, which concerned his Conspiring with Sir George Ratcliffe, to bring over the Irish Army to the prejudice of England; thinking, as he said, that he had clearly and evidently demonstrated it to be a truth, that will not be denied him, that the intendment was for no such purpose, and consequently there was no such Conspiracy to any such intent: and therefore left it to their Lordships further, and wiser, and nobler Considerations.

The next thing, is the words Charged to have been spoken after his re∣turn into England, to sundry persons, declaring his Opinion, That His Majesty should first try the Parliament here, and, if they did not supply Him according to His present exigency, He might use His Prerogative as He pleased, and to Levy what He needed.

And, all the Proofe of these words, is the Testimony of my Lord Primate, whereunto he hath given that Answer already, that he hopes will be satisfactory.

As to the other part, That the King shall be acquitted before God and Men, if he take other course to supply Himself, though against the good will of His Subjects.

This he hath Answered already, and shall not need to repeat: But, he finds some things in the Proofes, which, whether they mean to make use of, to prove any of the words he knows not: and therefore he desired to touch on them a little.

The first proof hereof, Is the Testimony of Mr. Comptroller, that he, the (Earl of Strafford) should say something of deserting the King, but he remembers not the particulars: In which words he conceives there is nothing that can make him Criminal before their Lordships.

The next is, of what my Lord of Bristol sayes; whose Discourse came in upon some Difference between the Tenants of his Lordship (the Earl of Bristol) and his (the said Earl of Strafford) The discourse he remembers very well, my Lord of Bristol honouring him with a visit when he was sick; and, he remembers, something was spoken to that effect and purpose, as it is in the Testimony. But, What is this as to the Charge laid against him? In the Charge, there are only such words that may prejudice him, but nothing that may forfeit his Life, Estate, and Honor. As in the case of Extream and unavoidable necessitie, viz. The Invasion of a Foreign E∣nemy, when there is not time to call a Parliament. And, the King may in that case use, as the Common Parent of the Country, what power God Almighty hath given Him, for preserving Himself, and His People, for whom He is accomptable to Almighty God, is a thing quite different, from what is in an ordinary Case. He confesses, his opinion is, the King hath a power absolutely to use all possible means for the safety of the Publick. In these Cases He hath a Power given Him by God Almighty, that cannot be taken from Him by others; neither, under favour, is He able to take it from Himself. If this be a fond and foolish Opinion, he craves their Lordships pardon; but, he thinks, a man should not forfeit his Life and Honor, and Posterity, for a foolish Opinion; God forbid that Com∣mon-Law, or Statute-Law, should make that Treason in any Man.

So that he acknowledges, There was some such discourse; But, all things taken together, carries the State of the Question quite another way, then when taken to pieces.

My Lord of Bristols Testimony sayes further. But my Lord of Straf∣ford then said, The King was not to be Mastered by the frowardness or wilfulness of His People, or rather by the disaffection of some particular men.

To which words, he sayes, If he did remember them, he would ac∣knowledge them: But, being then in that condition, delivered from a great and long sickness, infirm and weak; both in the powers of his mind, and faculties of his Body, if he be not able to recollect every thing, it is no marvel: But, he relies so much on the honor and nobleness of my Lord of Bristol, that seeing he sayes that he said it, he will not deny it, though he cannot remember it. But he must say withal, That his Testimony can∣not work any thing towards him further, then a single Testi∣mony can do in this case: and therefore, without offence, he shall desire, in this particular, to reserve that benefit to himself, that the Law in this case gives him, in such sort, as hereafter he shall be bold to put their Lordships in mind of, that is, how far a single testimony may work to the prejudice of a Man, charg∣ed with High Treason.

The next Testimony is my Lord of Newburgh; That he heard me (the Defendant) say, or words to this effect, That seeing the Parliament had not supplied the King, His Majesty might take other Courses for the De∣fence of the Kingdom.

These words I do (said the Defendant) acknowledge: And he trusts there is no offence in this saying; for, I conceive, that the King is not secluded, nor any one else, in a fair, and just, and an honourable way, from doing the best for himself, and his own preservation; but those other Courses that were intended, were just and lawful Courses; He must put that grain of salt into all the rest of his Discourse; that it was meant of no other wayes or Means, but such as were allowed by the Laws of the Land, and were fit for a gracious and pious King to use: and so understood, he knows no reason, but the King should be left to supply Him∣self, in all the fair and just ways he can, if the Parliament should not supply Him.

The next Testimony is my Lord of Holland's, and his Lordship sayes, That at Council-Table my Lord of Strafford should say, That the Par∣liament having deny'd the King, gave Him an advantage to supply Him∣self otherwayes.

But, he sayes still, other lawful wayes; It gave Him advantage to use His Prerogative in lawful wayes, further then otherwise per∣haps out of his goodness, He would have done: Therefore, gi∣ving those words that Interpretation, he conceives they cannot be layd to him as a Charge of High-Treason.

The next is the Testimony of my Lord of Northumberland, who sayes, My Lord of Strafford said, That in case of necessity, and for Defence and safety of the Kingdom; if the People refuse, the King might do every thing for the Preservation of His People.

This brings it much to the other business before spoken of, it being in case of necessity, for Defence and Safety of the Kingdom, and to be used for preservation of the People; for, he must needs say, That is his Opinion, grounded upon that Maxim, Sa∣lus Populisuprema Lex; In these things when ordinary formes can∣not be had (for when they may be had, to go to extraordina∣ry, is not right) but, when the ordinary wayes fail, and the oc∣casion gives no time, God forbid, but the King should employ the uttermost of His Power, Wisdom, and Courage, for preser∣vation of Himself and His People; And, to say it with limitati∣on, under favour, doth state the Question quite otherwayes, then if the words were taken alone, and not put together. But, that with these Limitations he spake, both these things, and diverse others, will more fully and clearly appear in the next succeeding Article: for, here he is charged with speaking things at large; but there at the Council-Board, and there it will come in properly.

At which time he shall desire to examine some of their Lord∣ships, and, it shall appear, words of this Nature went alwayes in this sort from him, in case of a Foraign Invasion, in case of an Enemy actually entred, or to be entred, and not otherwise; which makes it another Question, then as by the Antecedents and Consequents it is laid in the Charge.

Besides, this offence is, but words spoken by way of Argu∣ment,

in Common Discourse, betwixt Man and Man, without any further, or other proceeding, or Execution upon these words: and, Shall these be brought against a Man, and charged on him as High-Treason? God forbid that ever we should live to see such an Example in this Kingdom: A matter of infinite pre∣judice and danger to every Man; for, when that is done, no Man can be safe.

Is there any thing more ordinary, then for Men in Discourse, to seem to be of a Contrary Opinion to what they are, to in∣vite another Man to give Reasons, perhaps to confirm him in his own Opinion, though he seems to Argue against it?

Is any thing more familiar, than for a Man to seem to be of an Opinion, to gain a Reason to confirm that Opinion which he is of, and contrary to that he seems to defend, by this means to get the strength of other Mens Reasons to confirm his own by?

Again, Is any thing more familiar in private Discourse, between Man and Man, than when one is so far on that side the Line, for the other to go as far himself, that he may meet the first Man in the midst? If a man meet with one that is as far below, as him∣self is above, and shall seem to maintain further, than his Reason and Belief carries him, to bring the other to moderation, Shall this be charged on him as a Treason?

If words spoken to Friends, in familiar Discourse, spoken in ones Chamber, spoken at ones Table, spoken in ones Sick-Bed, spoken, perhaps, to gain better Reason, to give himself more clear light and judgment, by reasoning; If these things shall be brought against a man, as Treason; this, under favour, takes a∣way the Comfort of all Humane Society: By this means we shall be debarred of Speaking (the Principal Joy and Comfort of Society) with wise and good Men, to become wiser, and bet∣ter our lives. If these things be strained to take away Life, and Honor, and all that is desirable, it will be a silent World; a Ci∣ty will become an Hermitage, and Sheep will be found amongst a Crowd and Press of People; and, no Man shall dare to impart his Solitary Thoughts, or Opinion, to his Friend and Neighbor, but thereby be debarred from consulting with wiser Men then himself, whereby he may understand the Law, wherewith he ought to be governed.

But, these be but words all the while; and, if he shall shew, that words of a higher nature, shall, by the Judgment of an En∣glish Parliament, be thought not to be Treason; Why should he think, or imagine, or fear, that their Lordships will make these in∣discreet and idle Expressions of his, reach so high as his Head, and take the Comfort of his Life and Children from him.

No Statute makes Words Treason: and, if the Fundamental Law, the Common Law of the Land had made them Treason, sure∣ly the Parliament would never have set a Mulct upon them.

This Statute is, 1 Ed. 6. cap. 12. as followeth,

BE it Enacted by the Authority aforesaid, if any person or persons, do compass, and imagine, by open Preaching, express words, or saying, to depose, or de∣prive the King, His Heirs, or Successors, from His, or their Royal Estate, or Ti∣tle, or openly publish, or say, by express words, or saying, That any other person, or

persons other then the King, His Heirs or Successors, of right ought to be, &c.

These be words of higher nature, than those charged upon himself; and yet the first offence is made but loss of Goods, and Impri∣sonment; for the second, loss of Lands, Goods, and Imprison∣ment; the third time is only made Treason.

He added, That their Lordships will never think these words, being flym-flam, that pass in a negligent manner betwixt Man and Man, shall ever be brought to be Treason.

And, whereas 25 E. 3. hath these words, When a Man doth Compass, or Imagine the death of our Lord the King.

The very words are mentioned in 1 E. 6. When a man doth compass, or imagine, by open Preaching, &c. to Depose the King. And the first Statute provides, That if a Man shall compass the Death of the King, and be not thereof attainted by open Deed, it is not Treason. And, the Statute of H. 4. and 1 Mar. con∣curr with this, and shew, That the intent of these was to take away the danger the Subject might incurr, if bare words should be brought against him as Treason.

And, it hath been the Wisdom of their Lordships noble An∣cestors, and this State, that they have alwayes endeavoured to conclude the danger that may fall on the Subject by Treason, that it might be limited and bounded, and that it might be so understood as to be avoided; and, he hopes, we shall never be so improvident, as to sharpen this two-edged Sword against our selves, and the faces of our Posterity, and to let the Lion loose to tear us all in pieces; for, if way be given to Arbitrary Treason, and to the Wits of Men, to work upon it, to prejudice or que∣stion Life, it would be very dangerous. And, he believes, That in this Hall there would be Actions of Treason that would fly as familiarly up and down, as Actions of Trespass: and there∣fore since by the goodness of our King, and the wisdom of our Ancestors, we have been thus provided for, why we should en∣tangle our selves into the straights they could not endure, but endeavoured, by all means, to free themselves from the dangers that familiarly follow them, he cannot see.

To the First Part of the 23^d Article, concerning the last Parliament, the Gentlemen have reserved themselves till to morrow, and therefore he shall not need to speak to that, and so there will remain nothing for him to An∣swer, but the last part of the Act, with the next Charge, concerning words spoken at the Council-Board, or at the Committee for Scotch Affairs, viz. That His Majesty having tried the Affections of His People, He was loose and ab∣solved from all Rules of Government, and was to do every thing that Power would admit; and, that His Majesty had tried all wayes, and was refused, and should be acquitted both before God and Man; and that he had an Army in Ireland, which he might employ to reduce this Kingdom to Obedience.

Concerning this particular, he says, he remembers not anything, but what Mr. Treasurer is pleased to speak of: And, whereas Mr. Treasurer, as concerning that part, said, He loves to speak the truth; my Lord of Strafford said, He doubts not but he doth, for that we should all do, he is sure of it; But, Mr. Treasurer has reversed his Testimony, in saying, that he will not speak to the very words themselves, but

to these, or words to the like effect; and, if he be not mistaken, and to the best of his remembrance, That, His Majesty having tryed all wayes, and being refused, in this extream necessity, and, for the safety of the Kingdom, and People, He might do, &c. And, that Your Majesty hath an Army in Ireland, which You may employ (there, he said at first) And afterwards (which You may employ to this Kingdom.) And, he saith, he doth not interpret these words, but gives the words clearly and plainly, as my Lord of Northumberland hath declared, and that it was soon after the Dissolution of the last Parliament, to his best remembrance, and at the Committee of 8; and, he thinks, my Lord spake them po∣sitively, or something to that effect.

Now, whereas he calls in to his aid my Lord of Northumber∣land, under favour, my Lord of Northumberland declared no such words, but absolutely denies, in his Examination, that he ever heard my Lord of Strafford mention the reducing of Eng∣land by an Irish Army: It is true, my Lord of Northumberland goes thus far, That he hath heard him say something, whereby he might conceive, there was intended some Course of raising Moneys by extraordinary wayes.

And, that my Lord of Strafford confesses is very true, for, if it were by borrowing 3 or 400000 l. it is an extraordinary way; the Kings Revenue could not serve these occasions, there must be other wayes, and Loan was one, and that fair, and honoura∣ble, and just.

So then, as to this Testimony, the Defendant offers to their Lordships, that he hath examined my Lord of Northumberland, and he knows no such thing; He hath examined my Lord Marquiss of Hamilton, and his Lordship is pleased to say, He re∣members no such thing at the Committee of 8.

He desired my Lord Treasurer might be Examined to the same Words.

The L. Treasurer being Asked, Whether ever he heard my Lord of Straf∣ford * 13.101 in any private Council, or Debate with the King, tell him the said words?

He Answered, That he never heard my Lord speak those words of the Irish Army, nor any thing like it; and he repeated, That he never heard his Lordship speak it in the manner proposed, nor any thing like it.

Being Asked (on Mr. Maynards motion) Whether he ever heard my * 13.102 Lord of Strafford say, The King was loose, and Absolved from all Go∣vernment?

He Answered, That he desired time to consider of that. He remem∣bers not any such thing, but he reserves himself for that. * 13.103

Being Asked on the like motion, Whether he heard my Lord of Straf∣ford say any thing to that purpose, That the Parliament had deserted, or forsaken the King?

He Answered, That he remembers not that he heard any such thing.

Lord Cottington being Asked (on my Lord of Straffords motion) Whe∣ther he heard my Lord of Strafford say such words, That the King had an Army in Ireland, and he might employ them to reduce this King∣dom?

He Answered, That he hath heard the Question heretofore, and is * 13.104 very confident he did never hear him say it in his hearing; and, that he hath a great deal of Reason to be confident of it.

Being Asked (on Mr. Maynards Motion) Whether he heard my Lord * 13.105 of Strafford say, That the King was Absolved, or Loose from all Rules of Government, or words to that effect?

He Answered, That, as he takes it, he hath been Asked to that Que∣stion * 13.106 too; and, he thinks, he never heard the words, for it was (as he thinks) a very absurd Proposition, and he should not have heard it with patience.

Being Asked, on the like motion, Whether he heard him say, The Parliament had forsaken, or denyed, or deserted the King, or words to that effect?

He Answered, That for saying, The Parliament had not provided for the King, The Parliament was ended, and had not provided for the King; and, That the Parliament had not provided, or left the King without Money; It is very probable he did say it; and, he thinks, he did so, for it was the truth.

Being Asked, Whether he said, The Parliament had denyed the King?

He Answered, That what his words were, It is a hard matter for him to say; That he said, The Parliament had denyed, or left the King, he will not Swear.

Being Asked, on like motion, Whether he perswaded the King that he was to be supplyed in extraordinary wayes?

He Answered, That he cannot Swear that neither.

Where Mr. Maynard observed, That my Lord of Strafford himself grant∣ed, * 13.107 and yet that's forgotten.

To which my Lord Cottington Answered, That if the Gentlemen would have heard him out, he should have given good satisfaction. * 13.108 He hath been Examined, Whether my Lord of Strafford used these words, Extraordinary wayes; and he cannot say he did; but he hath heard him say, The King ought to seek out all due and legal wayes, and to employ His Power, and Authority, and Prerogative, Castè & Candidè, he remembers these words very well.

For close of his Defence to these words, That His Majesty had an Ar∣my in Ireland to reduce this Kingdom, witnessed by Mr. Treasurer. My Lord of Strafford said, Mens memories are weak, and the best may be mi∣staken, or misremember, and may think one man says that which another man says, or that a man says that, which in truth he did not say, as it is in this Case. Their Lordships have had all the light that is possible for him the Defendant to give them.

My Lord of Northumberland being examined on oath, sayes, he remem∣bers not the words. My Lord Marquis Hamilton remembers them not. My Lord Treasurer of England remembers neither that, nor any thing like it; My Lord Cottington remembers no such thing, and is well assured, he never heard him say any such thing. Here are all that are left of the Committee, save my Lord of Canterbury, and him (the Defendant) cannot examine, otherwise he would.

Secretary Windebank is a little too far off to be heard at this time, and if their Lordships could ask him, whether the Defendant ever spake the words, on the faith of a Christian and a Gentleman, he will take his oath, he doth not think nor believe he ever spake them, but believes as constant∣ly, as possible can be, that he never spake them; He would be loath to swear he did not, it being so long since: But when his words shall more particularly, and specially be remembred by another man, than by him∣self, he must commend that memory, that observed what he said, so per∣fectly, as to be able to give a better account of them than himself, the party that spake the words, or any man in the company besides.

My Lord further insisted, That this concerns him very nearly, for it would be a grievous charge that is on him by this means (though not in the intendment) of the Gentleman that urges it, who (he hopes wishes him well) if he should be thought to be an overthrower of the Liberties of the Subject by a foreign Army.

However, it is a single Testimony, and no more, and that single Testi∣mony (without any prejudice to the Testimony) cannot rise in Judge∣ment against him; Nay, he cannot be Indicted nor Arraigned of High Treason for it, by the Statutes of 1 E. 6. Ca. 12. the last Proviso of it, in these words.

BE it Enacted by the Authority aforesaid, That no Person or Persons after the First day of February next coming, shall be Indicted, Arraigned, Condemned, or Convicted of any offence of Treason, Petty-Treason, or Misprision of Treason, or any words before specified, after the First day of February, for which the said Offen∣der or Speaker shall suffer any pain of Death, Imprisonment, Loss, Forfeiture of Goods, Lands, or Tenements, unless the said Offender, or Speaker, be accused by two sufficient and lawful Witnesses, orshall willingly without violence confess the same.

And if their Lordships will give leave to consider the first part of the words, being fairly and indifferently interpreted, and with the secret re∣servations, men ought to speak things withal (for we ought to think just things, and that men will do nothing but fairly, and these are conditions implyed, when we speak of the Sacred Majesty of Kings) let that be im∣plyed, it could not be High Treason to tell the King, That having tryed the affections of his people, he was loose and absolved from all rules of Government; that is, all ordinary rules, and was to do every thing that

Power would admit; that is, that Power would lawfully admit, and that His Majesty had tryed all just and Honourable ways, and was refused, and should be acquitted both of God and men.

The last words, That the King had an Army in Ireland, which he might imploy to reduce this Kingdom, he denies; and if the other words be fair∣ly interpreted with the reservations granted a man in that case, being spo∣ken of so great a person as the King, nothing in them can turn so much to the prejudice of the Speaker.

But he desires leave to offer the Antecedents and Consequents of all that he said in Council, whereupon this is gathered; and then they find the Case otherwise stated, than as it is strained in the Charges. God forbid any man should be judged for words taken by pieces, here a word and there a word, where the Antecedent and Consequents are left out, for then Treason may be fetcht out of every word a man speaks; as for example, If one asks him whether he will go to such a place, he tells him by way of Answer, He will kill the King as soon; the other swears, he said, he would kill the King; it is very true indeed, but if the other words be added, it will then imply, That he will be sure not to kill the King, and therefore he will be sure not to goe to the place. And if the words be taken to∣gether, he puts the Case thus; In case of absolute necessity, and upon a foreign Invasion of an enemy, when the enemy is either actually entred, or ready to enter, and when all other ordinary means fail, in this case there is a Trust left by Almighty God in the King, to employ the best and uttermost of his means, for the preserving of himself and his people, which, under favour, he cannot take away from himself. And as this did pre∣cede these words, so there were divers restrictions added to them; for he says, this must be done only, and upon no other pretence whatsoever, but for the preservation of the Common-wealth, that it must be done Candidè, & Castè, That if it were done on any other pretence whatsoever, than clearly and fairly, for preserving the Common-wealth, that would prove it to be oppressive and injurious, which otherwise rightly employed, would become a Pious and Christian King; and that when the present danger of the Common-wealth was, by the Wisdom, and Courage, and Power of the King prevented, and the publique Weal secured; In a time proper and fit, the King was obliged to vindicate the Property and Liberty of the Subject from any ill prejudice, that might fall from such a Precedent; and until the Prerogative of the Crown, and Liberty of the Subject are so bounded, that they may be rightly understood by King and People, (which cannot be without a Parliament) His Majesty and they can never look to be happy. Now if he shall make this appear to be true (as he hopes he shall) then he conceives he states their Lordships a quite different que∣stion, from that brought against him in the Charge, and brings an opinion so concluded, and shut up with restrictions, and with necessity, and with unavoidable danger that were otherwise to fall on the Common-wealth, as he trusts, cannot bring any manner of ill consequence whatsoever pub∣liquely or privately to any Creature.

For this purpose, he desired the favour to examine some of the Noble Lords present, and that First, the examinations of my Lord of Northum∣berland might be read, and they were read accordingly.

To the Third Interrogatory he saith, That the Earl of Strafford decla∣red his opinion, That His Majesty might use his power when the Kingdom was in danger, or unavoidable necessity, or words to that effect.

To the Fourth, That the said Earl did often say, That that power was to be used Candidè & Castè, and an account thereof should be given to the Parliament, that they might see it was only imployed to that use.

To the Sixth, That the said Earl of Strafford said, That this Kingdom could not be happy, but by good agreement in Parliament, between the King and His People.

My Lord of Strafford observed, That this was at the very same time, and let all the world judge, whether he had any intention to subvert the fundamental Laws of the Land, or no?

Next he desired my Lord Marquis of Hamilton might be examined to the Interrogatory my Lord of Northumberland was examined to.

Marquis Hamilton examined to the said Interrogatory, (viz.) Whether * 13.109 the said Earl of Strafford delivering his opinion, how far the King might use a Power after the breach of the late Parliament, did not put the Case when there was an unavoidable necessity, upon actual Invasion, or an Ene∣mies Army ready to enter the Land?

His Lordship Answered, That he hears the Question, and remembers the same Question was asked him formerly on his oath, when he was Deponed, and he then said as now, he could not call to mind what my Lord said in that point.

Whether my Lord of Strafford did not say, That that Power was to be used Candidè & Castè, and if it were used for any other purpose, it would be unjust and oppressive?

His Lordship Answered, That he hath heard him use those words often to His Majesty, and on them, or immediately after, he declared his opinion, That it would never be happy in this Kingdom, till there be a right understanding between the King and his People, and that could not be, but by a Parliament.

Whether he did not say at that time, That the present danger provi∣ded for, and all which setled, the King was bound to preserve the Liber∣ty and Propriety of the Subject, from the prejudice of such a precedent?

His Lordship Answered, He remembers something of that, but cannot positively say, because he cannot tell what the precedent was.

Being asked (on Mr. Whitlock's motion) what time he heard these words from my Lord of Strafford, in the said Second Question?

He Answered, professing that his memory is not good, and if it fails not him in this, he may boldly affirm, he heard my Lord of Strafford speak the words, both before, and since the Dissolution of the last Parliament.

Being asked (on my Lord of Straffords motion) Whether His Maje∣sty was pleased to declare to the Lords of the Council, That he had per∣fect and full intelligence, that the Scotch Army intended to march into England? * 13.110

He Answered, he remembers very well His Majesty had frequent Adver∣tisements * 13.111 of the Scots intentions to come into England, he knows it very well, and he had not done his duty if he had concealed it, for he was one of them that told him of it.

Lord Goring being examined to the First and Second Question, propo∣sed * 13.112 to my Lord Marquis.

His Lordship Answered, That he remembers something to this pur∣pose, and Candidè & Castè makes him call it to mind, but the particulars he cannot remember; Candidè & Castè, for using the Kings Power, he hath heard often.

Tho. German being examined to the same Question. * 13.113

Answered, That he would be very loath to say anything that doth not perfectly occurr to his remembrance; he remembers that di∣vers times at Council-Board, my Lord spake these words, Can∣didè & Castè, and he remembers them very perfectly, but what day and time, he remembers not; but he remembers very per∣fectly, he heard my Lord of Strafford say, it must be on an ur∣gent and unavoidable occasion, that any by-course should be taken, or put in practice, but what day and time he cannot tell; To the exact words of the Interrogation he cannot say, but some∣thing to the sence, as he (the Examinant) delivers them.

Being asked whether my Lord of Strafford hath not concluded, That things will not be right, till there be a right understanding between the King and his People, or words to that effect?

He Answered, That he thinks no man hath the Honor to sit at that Board, but will give him that Testimony, that he hath often spoken, That the greatest happiness that can occurr to the King and People, is the hap∣py agreement and understanding between them.

Being asked (on Mr. Glyn's motion) Whether those words were used * 13.114 before the Dissolution of the Parliament, or since?

He Answered, To his best remembrance before, yet he doth not deny but they may be said since, that he must leave to the Lords, whose memo∣ries serve better to distinguish times.

The Lord Treasurer being examined to the First Question, proposed to * 13.115 my Lord Marquis.

He Answered, That he doth not remember the discourse about his bu∣siness.

Being asked to the Question Nov. 2. proposed to the Lord Marquis.

He Answered, That phraze of Candidè & Castè, he remembers very well, were used more than once; but whether they were applyed to this particular, he cannot speak: He remembers my Lord used the words in such a sence, and the interpretation of them was chastly and honestly, but the other part he cannot re∣member.

Being asked to the Question, Nov. 2. proposed to the Lord Marquis?

He Answered, That he remembers not any of it.

Lord Cottington being examined to the Question Nov. 1. proposed to the Lord Marquis? * 13.116

He Answered, That if his Deposition be looked upon, it will be found, he did say, my Lord put the Case so, and he now says it again, he the Examinant did declare, and understand that my Lord—

Being asked to the Question Nov. 2. proposed to my Lord Marquis?

He Answered, That he thinks he hath answer'd this already; he re∣members the words Candidè & Castè, and that the Power the King had for the preservation of Himself, His Crown, Posterity, and People, ought to be used Candidè & Castè, in all fair and just ways.

Being asked whether my Lord of Strafford did not say, That the King was bound after the present danger provided for, to free the Subject in Propriety and Liberty, from the prejudice of such a precedent?

He Answered, That he said the necessity being past, and the work done, the King ought to repair it, and not to leave any prece∣dent, to the prejudice of His People.

Being asked, Whether my Lord did not say that in conclusion, all must be setled by Parliament, and till all the dispute betwixt the Prerogative of the Crown, and Liberty of the Subject be determined, neither King nor People should be happy?

He Answered, That he verily believes many of their Lordships have often heard him say it; He hath heard my Lord say it to the King at the Council-Table. It hath been always his position, and to himself the Examinant, he hath said often, both before the last Parliament, and after it was broken; and it was an ordinary discourse to His Majesty, That His Majesty could not be hap∣py, till there were an happy Union betwixt Himself and the Parliament, and the Prerogative and Liberty of the Subjects were determined.

And my Lord of Strafford desired to have so much benefit of their Lord∣ships * 13.117 Justice, as to have the Examinations of my Lord Keeper, (which are not yet come in to these points) reserved. And now he said he had

stated to their Lordships truly and justly the Question, concerning these words that are by pieces and paches charged; and which (taking the whole contexture of the Discourse, from the beginning to the ending) re∣present them quite otherwise (as he conceives) than might seem to be en∣forced against him.

He offered this further to their Lordships, That they see plainly and clearly proved, that at all times, and frequently, he hath pre∣sumed (by His Majesties favour and good leave) to express himself, how necessary it is, for the happiness of the King and People, that all these matters of difference should be setled and bounded, and that by Parliament: and that till they were so bounded, neither His Majesty nor they could be happy: so that it was far from going against the antient grounds of Government, that have been here setled in that singular Providence and Wis∣dom of our Ancestors; and never shall he contribute any thing but to the maintainance and preservation of them, in all honest and honourable ways and means whatsoever; and if these words were spoken with that moderation and qualification, that the Power to be used must be a lawful Power, and the ways to be taken lawful ways, they were no way subject to exception.

Besides, there is one Argument that cleers the Intendment and mean∣ing of the words, as he conceives, a great deal more prevalently, than if those words of lawful Power, and just and honoura∣ble ways, had been put in; And that is, that nothing hath been done by the King or the Council, against the Laws and Customs of the Realm, in pursuance of them, where it hath been any breach on any Liberty or Propriety of the Subject; What ex∣traordinary Course hath been taken not warrantable by Law? None that he knows of; so that there being nothing but justly and fairly administred, the very Deed done, shews them to be spoken with that meaning, and so to be interpreted so much the rather, by how much doing well, is better than saying well; And the worst that can be made of them, they are but words and no more; and for the excuse of them, their Lordships well re∣member what he said concerning the Statute, they can never amount to Treason, and before they shall be brought to him in a Criminal Charge, he besought their Lordships to observe something he shall offer to them.

These words charged on him, were not wantonly, or unnecessarily spo∣ken, or whispered in a corner, but they were spoken in full Council, where he was by the duty of his Oath obliged, to speak according to his Heart and Conscience, in all things concerning the Kings service; so that if he had forborn to speak what he conceived, for the benefit and ad∣vantage of the King and People (as he conceived this to be) he had been perjured towards God Almighty, and now it seems by the speaking of them, he is in danger to be a Traitor. If that necessity be put upon him, he thanks God, by his Blessing he hath learned not to stand in fear of him that can kill the Body; but he must stand in fear of him that can cast Body and Soul into Eternal pain. And if that be the que∣stion, That he must be a Traitor to Man, or perjured to God, he will be faithful to his Creator; and whatsoever shall befall him from a popular

rage, or his own weakness, he must leave it to God Almighty, and to their Lordships Honor and Justice.

Nothing is more common, than for a Counsellor to be of one opinion when he comes out of his Chamber, and to have that opinion he delivers, presently after confuted and cleared by the Wisdom and Prudence of his fellow-Counsellors, of better understanding than himself. And in this case (when opinions are thus delivered, and when there are alterations of these opinions, upon the very debate) that an opinion thus propounded, should rise in judgment, to convince a man of High Treason, it is very hard; nay, it is to be thought, that this was the very case in this particular. The opinion was, according to his Heart and Conscience given, and for any thing appears to their Lordships, something was said at that Board by o∣thers, wiser than himself, that altered him in that opinion; for there was never any thing moved by him, to reinforce that proposition, he rested quiet with it, he offered it not again; there was never any thing done in pursuance of that advice, either by himself, or any body else, which shews he did not press it, but was rather perswaded by better reason, that it was fit to be let alone. An opinion may make an Heretick, but he never heard before, that Opinion should make a Traitor. And though opinions may make an Heretick, yet they must be held pertinaciously, and against the light of a mans own conscience; here no pertinacy appears, no contesta∣tion, nothing done against the light of his Heart and Conscience, nothing of Obstinacy, Frowardness, and Perverseness; but simply (simply indeed in all respects) he did in the duty of his place, deliver his opinion modestly and fairly, and when he had done there, he left it, and persued it no fur∣ther: so that such an Opinion as this, would not have made an Heretique, much less a Traitor.

In the last place, he humbly beseeches their Lordships not to make themselves so unhappy, as to disable themselves and their Children, from undergoing the great Charge and Trust of the Common-wealth. Their Lordships have it from their Fathers, they are born to great thoughts, and are nursed up for the great and weighty imployments of the Kingdom; and God forbid that any but themselves, Caeteris paribus, should have this great Trust, that their Birth and Breeding, and Ranks procure for them, under the Kings Goodness.

But let this be admitted, That a Counsellor delivering his opinion un∣der an oath of Secresie and Faithfulness at Council-Table Candidè & Ca∣ste with others, shall upon his mistaking, or not knowing of the Law, be brought into question, and every word that passeth from him, out of a sin∣cere and noble intention, shall be drawn against him, for the attainting and convicting himself, his Children, and Posterity; under favour, after this shall be so, he doth not know any wise and noble person of fortune, that will upon such perilous and unsafe terms, adventure to be a Coun∣sellor to the King: and therefore if their Lordships put these hard strains, and tortures upon those that are the Counsellors of State to His Majesty, when they speak nothing but according to their Hearts and Consciences, (for we that are not of the profession of the Law, are not bound to speak the Law, we can tell what in our Hearts and Consciences we conceive Ho∣nourable and Just, but what's legal, is another mans business.) This shall disable their Lordships from those great Imployments, to which their Birth and Thoughts do breed them, and make them more uncapable than any other inferior Subjects: And therefore he beseeches their Lordships to look

on him so, that his misfortune may not bring an inconvenience upon them∣selves. And so he besought their Lordships to pardon what he had said, with a great deal of disorder, and if their Lordships take him into considera∣tion, they will find that nothing hath appeared in him, but what is Honest, Just, and Faithful to King and People; though they were not so advised and discreet, and well weighed as they ought to be, yet he hoped their Lord∣ships are so Honourable and Good, as not to lay their charge to him as High Treason.

To the 24th Article, he said he made no Answer, there being nothing spoken to it; And so he concluded his Defence to these Articles.

Mr. Whitlock did thereunto Reply in substance as followeth.

That their Lordships have heard with a great deal of patience, this * 13.118 long Defence made by my Lord of Strafford, and desired the like pati∣ence from their Lordships, in hearing the Reply, which he doubts not but they shall obtain, and give a clear Answer to all my Lord of Strafford hath spoken in his own Defence; and how that it comes not at all to ex∣cuse him in this case.

My Lord is pleased to make it his suit, that their Lordships will not be guided by enforcement of words against him, but by the words themselves; and that Mr. Whitlock desired likewise, presuming that their Lordships will not be guided by my Lord of Straffords interpretation of these words to another sence, than the words bear, but judge according to the clear un∣derstanding, and common signification of them, further than which he will not strain them.

Whereas my Lord excuses his words, that the Demands by the Scotch in their Parliament, were a sufficient ground of War, because he gave no other opinion than the rest of the Council then did; their Lordships may be pleas∣ed to observe, That my Lord Traquair testifies, that some of the Council wereof another opinion at that time, and that these words were spoken before the reason of those Demands were given; and that there was a clear difference betwixt my Lord of Straffords advice, and the advice of the rest: It is evident by the opinion delivered by him long before that time in sentencing of Mr. Stuart in Ireland, where, after the pacification, he was pleased to call the Scots Rebels and Traitors, and that he would root them out Stock and Branch that took not the Oath; And he said in his Answer, That when he came out of Ireland into England, he found the affairs of Scotland so distempered, that he thought fit to reduce the Kings Subjects there by force.

His Lordship says, That if the Demands struck at the root of Govern∣ment, then it was fit to say, they should be reduced by force; But the words were spoken before the reasons of the Demands were known, and before he could know how they could be warranted by the Laws of that Kingdom; and it is part of the Charge of the House of Commons, That he said They struck at the root of Government, which it appears they did not; for those very Demands, against which my Lord of Strafford deliver∣ed his opinion, are since enacted by the Parliament of Scotland, and con∣firmed by His Majesties Royal Authority in the Treaty, which is very well known to divers of their Lordships sitting here.

My Lord sayes, It was first resolved a War should be had; and then, for him to debate, Whether an Offensive or Defensive War, is no Crime: but, that receives a clear Answer; for, it was his Resolution, his Advice, That there should be a War, and an Offensive War; which shewes his Design against the Kingdom of Scotland.

My Lord labours to prove, That the seising of the Scotch Ships was not by his Warrant, but by Warrants otherwise procured. That was not in∣sisted on in the Charge, and therefore they will not insist upon it in the Re∣ply, there is enough besides.

My Lord is further pleased to say, That there is no substantial or con∣cluding proofe of his intent, that the Parliament should be only called, to try whether there would be supply given or no; and, that is only deposed by my Lord Primate, a single Testimony: But, my Lord Primate concurs with others, in the same sence and meaning.

To my Lord Conwayes Testimony, my Lord sayes, That, for the King to help Himself, is a Natural Motion, and proper to every one: But, the other words of my Lord Conwayes Testimony, That the King might help and supply Himself, though it were against the will of His Subjects, must be understood, not of a Natural, but a violent motion, and it appears to be my Lord of Straffords Design to have it so.

He comes to the Testimony of my Lord Treasurer, and sayes, That doth not at all touch him, that he promised to assist the King in any other way, in case the Parliament did not succeed.

But, this proves his intent, That if the Parliament were dissolved (as he was willing it should, as it will afterwards appear) he would assist the King in any other way whatsoever: He took a good Pattern, Stare su∣per vias antiquas, and we shall prove that too; but, this was not via anti∣qua of Parliaments, to propose Supplies in the first place, and to put off consideration of grievances, to urge nothing but to give to the King; and, before a Resolution, whether they would give or not, to informe against the Parliament by Misinformation.

My Lord mentions the Declaration of the House of Commons in Ireland, concerning the giving of Four Subsidies for the Kings supply of the War with Scotland, which is in the Charge, but was not insisted upon; But, by shewing this, my Lord of Strafford hath procured that which is likewise in the Charge, That the Parliament of Ireland did engage themselves in the War against Scotland, and by the Preamble of his Answer,

This was in my Lord of Straffords Knowledge, and may be easily pro∣ved to be by his Procurement, being the Chief Governor there.

He sayes, That had he ever entertained such thought, as the words pro∣ved, import, he should give Judgment against himself: But, as no mans thoughts can be proved but by his words and actions, so the words proved do manifest, that his thoughts were no other, and shew clearly his inten∣tion, to bring in an Army on us to reduce this Kingdom.

My Lord calls Sir Robert Kings Testimony a Report on a Report; and, sayes the like of the Testimony of my Lord Ranalagh, which shall be an∣swered, when he comes to lay the whole matter together, according to the course of opening the Articles.

Diverse Witnesses his Lordship produces, to prove, that the 8000 Foot raised in Ireland, were designed for Scotland, and particularly for the Town of Aire, which is very improbable; for that Town (as was inform∣ed, and will be proved) was, at that time, very well fortified; and the Coasts thereof, and the Haven so barred, and narrow, that one of my Lord of Straffords own Witnesses says, there could be no probability of Landing an Army there: The like may be said of the Frith of Dunbarton, that was Fortified long before. And, if their Lordships repair to some part of my Lord of Straffords Answer, where he sayes, they were to be landed in some places near the Country of my Lord of Argile, to divert him: These pla∣ces are so far from his Country, and such Armes of the Sea, and unpassa∣ble Mountains are interposed, that they could not be landed there with any intention to go to Argyles Country.

But, admit there were a primary intention of this Army in some part of Scotland, the Witnesses speak onely to what was intended before the Army was raised; But, when the Army was on foot, my Lord of Straffords inten∣tion might be changed, and it seems it was; for he laboured to perswade His Majesty, to make use of it to reduce this Kingdom.

He sayes, The Testimony touching Sir George Wentworths words is single, and spoken by his Brother, and could not reach him; but, though one Witness testifies the words, yet it may be made appear to their Lord∣ships, that presently after the words spoken, Sir Tho. Barrington related them to other Gentlemen, who are ready to testifie, that he so related them.

But, their Lordships seeming satisfied in that point, directed him to proceed.

Next my Lord Discourses of my Lord of Bristols Testimony, and the differences of opinion between them, touching the summoning of a Parlia∣ment. But, my Lord of Bristol proves the following words, That the King was not to suffer himself to be mastered by the frowardness of His People, &c. and, to these, no Answer is given.

To which, Mr. Whitlock said, he would further answer in the General Re∣ply; And so for the words proved by my Lord of Newbrough, my Lord of Holland, and diverse other Noble Lords of this House.

My Lord of Strafford was pleased to mention the Statute of 1 E. 6. ca. 12. where, to compass by Preaching, or saying, to deprive the King is not for the first offence Treason, though words of a more transcendent and high nature; and hence he inferr'd, that the words charged on him are not Treason.

But that Statute is onely of Treasons spoken of the King, but not of Words and Counsels, that advise the thing to be done; And, there is no Question, but at this day, for any man to Advise and Counsel the Destructi∣on of the King, is High-Treason, notwithstanding that Statute. These

words charged on my Lord, are a Declaration of his intention, to subvert the Laws and Government of the Kingdom, and, the use made of the words, is not, that they are in themselves Treason, but as they prove that intenti∣on. But, this is the work of another time, being matter of Law, and therefore Mr. Whitlock said, he would say no more to it now, neither doth it require his Answer, nor is it at all to this business.

My Lord did much insist on it, that there was no mention by any of the Lords that were of the Committee for the Scotch Affairs, concerning the words of bringing the Army out of Ireland, to reduce this Kingdom, di∣verse of their Lordships being to that point examined: But, Mr. Trea∣surer Swears in the Affirmative, he heard the words spoken; and, when they come to sum up the rest of these words, and applying them to this, shew the dependance they have one upon another, their Lordships will see plainly, that must be his intention, and that there could be no other interpretation of his words: It is possible, for some that were at the Council, not to hear the words, and yet that disproves not a Witness, that sayes in the Affirmative, he did hear the words. And, though some of my Lords do not remember some other passages, as, That His Majesty was loose, and absolved from all Rules of Government, yet that is proved by two Witnesses; and, though the rest remember them not, yet that stands clear∣ly proved.

Other things, which some of their Lordships did not remember, were proved by three Witnesses: Whence it may be deduced, that, what Mr. Treasurer deposes is to be believed, though some of my Lords that were present did not remember it.

By making a sum and Collection of the words, and comparing one with another, it will appear very clear, that my Lord of Straffords intention was, to bring in that Army to reduce this Kingdom.

And first, their Lordships will remember the words that passed betwixt Sir George Rateliffe, and Sir Robert King; and, the Relation between my Lord of Strafford and Sir George Ratcliffe; And, before my Lord of Straf∣ford came out of Ireland, he gave direction to Sir George Ratcliffe; and afterwards, on a Discourse, Sir Robert saying, how my Lord of Strafford, and how the said Sir George Ratcliffe had least cause to desire a War; Sir George replyed, We are ingaged (not himself onely) but We (speaking of my Lord of Strafford) are ingaged in a War: and, Sir George sayes fur∣ther, that the King hath 30000 Men, and 400000 l. in his Purse, and a Sword by His Side, and if he wanted Money, who would pity Him? which cannot be intended but by raising of Money on the Subjects of England.

But besides, their Lordships may remember the expression of my Lord Ranalaugh, and Sir Robert King, that these Forces were intended to be u∣sed for raising Moneys here; and, that my Lord of Strafford offers to sell his Land in Ireland. Besides, his Brother said, the Commonwealth is sick of Peace, and would not be well till it was Conquer'd again, which must imply Force, and an Army to do it.

It is a Proof of my Lord of Straffords intention, that a Parliament should be summon'd to give Supply, and, if not, that then it should be Dissolved, and other Courses should be taken; My Lord Primates Depo∣sition is, that, in case of necessity, His Majesty might use His Prerogative, might levy what he needed, only first it was fit to try the Parliament, and,

if that succeeded not, then to use his Prerogative as he plea∣ses.

My Lord Conway proves the same Intention; my Lord of Strafford saying to him, That if the Parliament supplied not the King, His Majesty * 13.119 would be acquitted before God and Men, if he took some other course to supply himself, though against the will of His Subjects; And, it cannot be intended to be against their will, but it must be by force; for, if it be with their will, it is voluntary.

And Mr. Treasurer proves, that my Lord would be ready to serve the King any other way; that is, by Force, by Armes, or any way whatsoe∣ver.

Their Lordships may remember his words to His Majesty, That the Parliament had denyed to supply Him; that they had forsaken Him; which was onely to incense His Majesty against Parliaments.

He told my Lord of Bristol, in that Discourse with him, that His Maje∣sty was not to suffer Himself to be Mastered with the frowardness and un∣dutifulness of His People: and, if His Majesty was not to suffer Himself to be Mastered by them, but to Master them, it cannot be, but by strength of others.

My Lord of Holland proves more fully (and my Lord of Newbrough concurs with him) that His Majesty had an Advantage, to supply Himself other wayes, because the Parliament had denyed to supply Him: And there be no other wayes (save Parliament-wayes) but extraordinary, and illegal wayes.

My Lord of Strafford hath much laboured, to answer and qualifie the last words, but he comes short of it; And those words are as fearful, and of as high a nature, as can be expressed by a Subject, and by a Counsellor to his Soveraign.

The first part of the said last words, are clearly proved by the Testimo∣ny of my Lord of Northumberland and Mr. Treasurer, That the King had tryed His People, and was Absolved from all Rules of Government: That He was to do all that Power would admit, that he had tryed all wayes and was refused, and should be acquitted before God and men.

The latter part Mr. Treasurer onely reaches to, that His Majesty had an Army in Ireland, which He might imploy to reduce this Kingdom: and comparing these words with the former, if the King be absolved from all Rules of Government, Which way can that Power be used, but by bring∣ing in an Army, the latter words being dependant and consequent to the former? and, if they be compared together, and sum'd up, their Lordships will be satisfied, that this was the intention of my Lord of Strafford, to bring an Army out of Ireland into this Kingdom to reduce it, and that his purpose was, by a strong hand, to compel the Subjects of the King∣dom, to submit to an Arbitrary Power, and whatsoever should be imposed on them.

And whereas my Lord makes it a great part of his excuse, that nothing was executed, upon this Counsel, we must give humble thanks to His Ma∣jesty, for if his Counsel might have taken place, no doubt but that had been done, which was laboured and advised to be done; But a Gracious So∣vereign would not take hold on those Counsels, but rejected them, as to that, though so much was done on other Counsels, and Misinformati∣ons of my Lord of Strafford, as my Lord of Strafford will never be able to justifie.

That nothing is done, is no excuse to him, It is an Obligation to the Kings Subjects, the more to Love and Honor him; But, it shews clearly, my Lord of Straffords intention, if it might have ta∣ken place, to have changed the Lawes, to have brought an Army up∣on us, and, by them, Compel us to submit to an Arbitrary Power.

And, so Mr. Whitlock concluded, that he should trouble their Lordships no further at this time, having answered most of the things my Lord of Strafford hath insisted on, and if he hath forgotten them, he hopes he shall be holpen by some of his Colleagues; But, he supposes, it appeares clearly, that my Lord of Straffords intentions were, to subvert the Laws, to set a Division betwixt the King and His People; and, though His Lordship is pleased to make something slight of it, as not to be matter of Treason; yet, this compared with his other Actions, declaring his In∣tention and Designs, it proves it not onely to be Crimen laesae Majestatis, but also Reipublicae.

Mr. Maynard seconded Mr. Whitlock and said, That something he should * 13.120 presume to add, My Lord of Strafford excuses himself, because he was not alone in the Council against Scotland; Thus far he was alone, the rest concluded upon a Hipothetical proposition: if the Demands were unrea∣sonable, then a War was fit. But, in two Propositions he was a lone;

First, That before the Reasons were heard, the unreasonable De∣mands of Subjects in Parliament, were a sufficient ground for the King, to put Himself into a Posture of War;

And Secondly, That these Demands were not matter of Religion, but struck at the Root of Government.

And, when he Answers that Point, he takes it for granted, That if he sayes they struck at the Root of Government, the Resolution was just.

In his Defence, he insists upon two things, matter of Excuse, and mat∣ter of weakning of the Testimonies produced.

For the matter of Excuse, of what he said to the King in private, it was testified onely by one, who was then present, and at other times in Council, viz. That there would be no happiness till there was a good Agreement betwixt King and People.

Whence Mr. Maynard observed, That they think not, that all he spake is nought; but, they produce Proofes, that he did speak nought; they think him not so unwise upon all occasions, to speak words of so high a Consequence: He hath taken another course to weaken their Testimo∣nies; and, nothing is so strong, but (if that course be allowed that he u∣ses) it will take off the strength of it.

Mr. Maynard said, He hath heard of breaking a thing to pieces, by ta∣king to pieces, and if my Lord of Strafford shall take every parcel of the

proof, and say this is a single Testimony, This is matter of discourse; This I speak at my Table; This in my Chamber; taking them asunder, he may answer them asunder: But if he hath in his Chamber, and at Counsel, and in Bed, and on all occasions presumed to run so high on the Liberty of the Subject, and then think, that because he speaks some∣times good words, all must be paistered up; he must give us leave to differ from him in that.

The Witnesses say he spake the words Candidè & Castè, some speak to the occasion, most say they were spoken at several times, both before and after the Parliament, and if they must be applyed only to what is lawful, what need these Adverbs to make it good? Truly he may say it was done Cautè, it was not done Castè in this Cause.

For that my Lord hath said, divers Witnesses were by, and heard not the words deposed by Mr. Treasurer, What Argument is this? That when divers are by, that which divers do not remember is not true? My Lord confesses himself sometimes, that Witnesses do not remember all things, therefore it may be true, that something may be spoken, which Witnesses remember not, else he confesses against himself which is not true.

There be other things wherein the Witnesses do concurr, and that my Lord speaks not to, though he speaks to that which my Lord of Northum∣berland and the rest do not remember: and therefore it is no argument to say, some were by and heard not what was spoken.

The sum of the Case will come to this, There was a Parliament sitting, he a little before casts out words, about raising Money, where he must have Adverbs to make it good; he must raise Money in an extraordinary way, the Parliament is broken, and a necessity is made, and Soldiers must be brought in, to make good these ways: now take these asunder, and my Lord of Strafford will make it a good Action; But as Mr. Maynard shew∣ed, they conceive all my Lord of Strafford hath done, ended in that de∣sign; he began it before he came over; and though they believe His Ma∣jesty designed it for Scotland, they speak not what His Majesty meant, but what my Lord of Strafford counselled, that is the thing he is charged with.

And whereas his friends, and those nearest him, spoke of this Fire that hath burst out, he sayes, this concerns him not; Indeed he is very unhap∣py, if his Brother, or bosome friend must be the man that must accuse him. But Noscitur ex Comite qui non cognoscitur ex se. It comes out of his own mouth, and his friends expressions. When Sir George Ratcliffe is asked how Money will be had? He Answered, We will make peace with the Scots, and that is the worst of evils. Surely, he that thought a Peace betwixt the two Nations the worst of evils, deserves not the applause that hath been given him in this place; And if that comes to pass, this must have relation to that of which he spake, which is the levying of Money by force, the King hath 30000 Men, and 400000 l in his Purse, and a Sword by his side, and if he wants Money, who would pity him? Lastly, My Lord of Strafford came to speak of their Lordships priviledge, that if words

spoken in Council should be pressed, it would bring a disability on their Noble Lordships, to enter into those imployments; but, that can be no excuse, to say, that he must take notice of things honourable; and, for every thing that a Man speaks at Council, he must not be brought into Question.

It is not every thing, nor every thing that is illegal, that is brought in∣to Question; But, if he advise to bring an Army on us, to Master all we have, and he must not be questioned, Where then are their Lordships Privi∣ledges? and, Who knows how soon there may be no difference betwixt a Peer and another?

In all this Defence, my Lord of Strafford hath not offered any Defence for the Scandal which he put upon the last Parliament; which, to the last breath, to the last minute of their Continuance, did advise and consult of the Supply of His Majesty: yet, he calls this, a denying of the King; a forsaking of the King; an undutiful stubborness; and, what else his high Speech and Eloquence pleases, to misconstrue their Actions with.

To that Stat. 1 E. 6. Mr. Maynard said, He shall not need to give any * 13.121 further Answer; for, if it be looked to, it will appear nothing to con∣cern this Case, there being great difference between words spoken with relation to action; For, these be Counsels, and if a Man shall Counsel the death of the King, Will any Man doubt whether this be Treason? surely no man will doubt it, that knowes the Laws of England.

The Treason is not in his words, but in his wicked Counsels: For (un∣der favor) if it be true that he spake them, they may be called wicked; and, that it is true, they have offered proof, and so he left it to their Lord∣ships.

Mr. Glyn desired to add a word, it concerning the Kingdom and Peers; * 13.122 Their Lordships observe, how my Lord of Strafford stands questioned for subverting of the Laws, and for designing to introduce an Arbitrary Go∣vernment; the other day his design appeared, in the exercising of a Ty∣rannical Power over the Persons, Estates, and Liberties of the Kings Sub∣jects; and, though a design was in practice, and something put in exe∣cution, yet there was something left, whereby that Treason might be rais∣ed to a higher strain; For that proofs were produced the other day, the exercise of this Tyrannical power in his person, which was the stopping of the Streams of Justice, but, the Fountain of Justice was still uncorrupted, and hope left, and God be thanked we have hope still.

But, this dayes work is to prove, That he ascended the Throne, and, by his ill Counsels, the Venome he had hatcht in his own heart, he endeavo∣red to infuse into the Kings Person, to make Him of the same opinion with himself; and that is to endeavor to corrupt the Fountain; But, God be thanked he hath met with a Gracious King, upon whom he cannot pre∣vaile.

The words laid to his Charge, are very many; That he should tell the King, he was Absolved from all Rules of Government, and, that he had an Army in Ireland, which he might employ to reduce this Kingdom:

The latter part of the words he hath endeavoured to answer, and the for∣mer part proved by positive Witnesses, which he hath not given answer to.

For the latter, that concerns the Irish Army, Mr. Glynn said, He shall not need to put their Lordships in mind of any thing said; but whereas my Lord sayes, They are proved by one Witness only, if your Lordships revise their Notes, they shall find them prov'd by many Witnesses.

When he was not accused by the Commons, he tells Sir William Pen∣nyman at York, he did intend to bring the Army into England, but there was Vox populi, and that's a horrid Witness.

My Lord Cottington, one of the Honourable persons present, when the words were spoken, testifies to their Lordships, That he remembers my Lord of Strafford told the King, That after things were setled, he was bound to repair the property of the Subject, and this, under favour, proves something; for if some Counsel and advice were not given, that there should be an invasion on the property, what should engage him to tell the King, he should restore it?

Here my Lord Cottington explained himself, saying, That his meaning * 13.123 was, he hath often heard my Lord say, The King and People would never be happy, till there was a good agreement.

Mr. Glynn proeceded, that if their Lordships please to look on my Lord of * 13.124 Straffords Interrogatory, they shall find it asked his Lordship, Whether he did not tell the King, that he should make restitution of the Subjects pro∣pertie, when the danger was over; and why should his Conscience aske such a question, unless there were Counsel given, to invade the propriety of the Subject?

Your Lordships remember the words of Sir George Wentworth, (which Mr. Glynn said he will not repeat) and when my Lord was fixed by the words of his Brother, he said, That tho he be my Brother, I do not use to communicate my Counsels to him, and that I am on my oath to conceal; yet this great Counsel he did impart to Mr. Slingsby for his own purpose, and to Sir William Pennyman.

And so having spoken to the latter part of the words, (the reducing of the Subjects of England by the Irish Army) to shew that it stands not only on a single proof, but if the whole be recollected together, there be ma∣ny things concurring to the positive proof thereof.

Mr. Glynn put their Lordships in mind of the other words, to which two great Witnesses concurr, and no Answer at all is given, viz. That the Parliament denyed Supply, and the King is loose, and absolved from all rules of Government; put the other words out of doors (as they are not) if the King be loose from all rules of Government, is he not loose to doe what he will?

And Mr. Glynn added, That he must needs give Answer to something, that fell from my Lord, concerning other words, that they were words of Discourse, and what he speaks at his Bed, or his Table, or in private Discourse, he thinks they should not be brought against him. But Mr. Glynn besought their Lordships to remember, that if my Lord speaks the words as a Privy Counsellor speaking to the King, concerning the Subjects pro∣perty,

compare these words with the other Extermination, and then see what the Case is.

The last thing in his Defence, is as high as the Charge it self. He is charged, That being a Privy Counsellor, and entrusted by the King, and a man of such Eminence, he should indeavour to infuse into the Kings Sacred Person, such dangerous Counsels, tending to the destruction of the Law and Government, and consequently of King and Subject; And in the close, my Lord of Strafford put their Lordships in mind, what a dangerous thing it is for one of the Kings Counsel, to be charged for Words spoken at Council-Table, to speak this in such a Presence before the Peers, and Commons of the Realm; that a Privy Counsellor, who ought to be clear and candid, is not to be questioned, though he infuse dangerous Counsels. That it is justification of his own Act, and so great, that he knows not how my Lord could say greater; and so he said, he hath no more to say, their Lordships had heard the Proofs and Defence, and comparing them together, he doubts not but their Lordships are satis∣fied, that the Commons had just cause to do what they have done.

My L of Strafford desired to answer one thing, the Gentleman that spake last, said, touching his revealing the Kings Counsels to Mr. Slingsby and others; he would be loth to be charged with breaking his Duty to God and the King, but where he hath Power and Liberty; for as concern∣ing the imployment of that Army, the King left it wholly to him, to ac∣quaint whom he thought fit, for the bettering of the service.

But the thing that makes him rise, is, to represent to their Lordships, that he hath been there constantly in a great deal of weakness and infirmity, since 7 or 8 of the clock, and now it is 5. That his Speech and Voice are spent, and it is not possible for him to come here to morrow; and there∣fore he most humbly besought their Lordships, to give him the respit of a day, to restore his litle strength it shall please God to lend him, for he is not able to speak or stand. Which the Committee for the Commons House said, they should not oppose, if it stand with their Lordships plea∣sure.

Mr. Pym did only add this, That if their Lordships please to observe * 13.125 my Lord of Straffords endeavours to prove divers mitigations of his words, some by Mr. Comptroller, and some others by my Lord Goring, But their Lordships may observe, that the words in the Charge were spoken at the Committee; the words spoken of by Mr. Comptroller, were at the Council-Table, and therefore they are not the same, nor serve they for extenuation of words spoken at another time.

And so the House was Adjourned, and appointed to meet again on Wednesday next.

[article 25]

THE Five and Twentieth Article. The Charge.

25 THat not long after the Dissolution of the said last Parlia∣ment, * 13.126 (viz. in the months of May and June) he the Earl of Strafford, did advise the King to go on vigorously in levying the Ship-Money, and did procure the Sheriffs of several Counties to be sent for, for not levying the Ship-Money, divers of which were threatened by him, to be sued in the Star-Chamber, and after∣wards by his Advice, they were sued in the Star-Chamber, for not levy∣ing the same, and divers of His Majesties loving Subjects were sent for and imprisoned by his advice, for that and other illegal payments.

And a great Loan of One hundred thousand pounds was deman∣ded of the City of London, and the Lord Mayor, and Sheriffs, and Aldermen of the said City, were often sent for by his Advice to the Council-Table, to give an account of their proceedings in rais∣ing of Ship-Money, and furthering of that Loan, and were requi∣red to certify the Names of such Inhabitants of the City, as were fit to lend, which they with much humility refusing to doe, he the said Earl of Strafford did use these, and the like speeches, viz. That they deserved to be put to Fine and Ransome, and that no good would be done with them, till an example were made of them, and that they were laid by the heels, and some of the Aldermen hanged up.

April 7. 1641.

Mr. Maynard proceeded to make good the Charge of the Com∣mons of England, against the Earl of Strafford, touching * 13.127 High Treason, and said, They had already brought it so high, as they must needs acknowledge they cannot goe higher; a De∣sign being laid to introduce an Arbitrary Government, and Counsels given to maintain that, and to introduce it by force. They can goe no higher, unless those Counsels had unhappily succeeded; but though those Counsels take not effect, yet the Principles whereby those Counsels were given, appear still to have remained.

AND whereas my Lord of Strafford having these things proved against him by his Speeches, Opinions, and Counsels, pretends there was no such thing done, as if the goodness of others, would excuse the badness of his Counsels; they shall shew what he did do in the succeeding Articles: And in the 25^th he proceeds, First, to advise His Majesty to go on vigorously with the Ship-Money, he pro∣cured the Sheriffs to be sent for, and sued in the Star-Chamber; he sent for the Mayor and Aldermen, about the loan of 100000 l. and the furthe∣rance of Ship-money; and were told by him, That they deserved to be put to Fine and Ransome, &c.

To prove the 25^th Article.

The Lord Treasurer of England being Interrogated, What Advice my * 13.128 Lord of Strafford gave, touching the levying of Ship-Money?

His Lordship Answered, That he remembers my Lord of Strafford did advise, that they should go vigorously and effectually on with the getting of Ship-Money; he takes the time to be, when as the Ship-Money came in very slowly, and they were enforced to take out of these Moneys that were provided, for the furnish∣ing of the Army, divers great sums to set out a Fleet, which else would have staied still; and my Lord of Strafford took no tice, That if it were not repaied, the Army would be destitute and unfurnished, and therefore advised as formerly, That the Ship-Money might go on vigorously, and the other Money be repaid again, for the use for which it was appointed, and it was after the breach of the last Parliament.

Tho. Wiseman Sworn and Interrogated, what he heard my Lord of Straf∣ford * 13.129 say, when the Aldermen of London were called to the Council-Ta∣ble about the Ship-Money, and the Loan, and when it was?

He Answered, That for the time he cannot very well remember, and touching the Loan, he is able to say little; But about the Ship-Money, he doth well Remember, that my Lord should say, they * 13.130 would never do their Duties well, till they were put to Fine and Ransome, meaning the Aldermen, that were then called be∣fore their Lordships, and this is as much as he can say.

Being asked whether there were not words of laying by the heels, and what the words were?

He Answered, He should not fear to do it, My Lord of Strafford did say (Whether on the Loan or Ship-Money, he is not able to re∣member) You should doe well to be layed by the heels; you shall have no good of this man till he be laid by the heels, and he (the Examinant) supposes it was meant of my Lord Mayor, who was then present, (as he remembers) and my Lord was there, and to his best remembrance, His Majesty was present.

Earl of Barkshire being Sworn and Interrogated, What my Lord of Straf∣ford counselled the King, touching the said matter of Loan?

His Lordship Answered, That he remembers His Majesty desired to bor∣row a sum of Money, and to give good security for it, and In∣terest * 13.131 after 8 per cent. on the sum. That the Aldermen were sent for, and commanded to give in to the King, the Names of those Men, that were most able within their several Wards, which they excusing themselves from doing; my Lord of Strafford said: Gentlemen, in my opinion, you may be lyable to Fine and Ransome, for refusing the Kings Command on this occasion, for not certifying the Names; and this is the effect of what he spake.

Sir Henry Garaway being Sworn, and Interrogated, What my Lord of Strafford said to the Aldermen, about the Ship-Money and Loan-Money?

He Answered, That as he was Mayor of London in the last year, he was oftentimes commanded to attend the Council-Table, with * 13.132 the Sheriffs of London; when they came about the Ship-Money, there came no body (as he conceives) but they and himself; but when they came concerning the Loan, the whole Court of Aldermen came together. Concerning the Ship-Money, he con∣fesses he found a great difficulty of it; he could not tell which way to turn himself to levy the Money, to give the King satis∣faction; He acquainted His Majesty, That there were these dif∣ficulties in it, That of two years proceeding, not one halfe of the City of London had paid, and therefore the willing men that had paid the Money, thought it unequal some should pay, and some go free. And Secondly, he said it was the opinion of the City of London, That a Writ for Ship-Money, and a Writ for a Parliament did not agree well together, and for these reasons he found it very difficult: they were called up, and hastened both in the Assessment of Collection, and in respect they found every

man adverse to it; the business had not that progress, nor spee∣dy execution it might otherwise have had, and as it had in for∣mer times. And when he had told His Majesty this, it was ill taken, that he should deal so plainly, because he did discover himself clearly and freely, what was the fruit of the business And it pleased my Lord of Strafford, then in the presence of the King, to speak, Sir, you will never do good on this man, till you have made him an example, he is too Diffident (or to this pur∣pose) unless you commit him, you shall do no good upon him; This concerning the Ship-Money. Concerning the Loan-Money, when they came with the Aldermen together, he (the Exami∣nant) desired he might be call'd in singly, because he was ve∣ry loath (knowing the humour of the Court of Aldermen, how they stood affected) that they should give the King a negative Answer at the Board, and it pleased His Majesty to call him (the Examinant) in singly, and he told His Majesty in his hearing at that time, That there was no good to be done, for amongst all the Aldermen, he could not yet consent to raise above 6 or 7000 pound at the most. And then they were to bring in out of every of the several Wards, the Names of all the able men of the City of London, that could lend Money; wherein it was required they should set it down, what every man was fit to lend. This they altogether declined, for we thought it not fit we should rate mens purses, and he (the Examinant himself) presented the Size-Cinque, the Quater-tres men, and the Deux∣ace men, according to their qualities, but set a rate on men we did not, and desired His Majesty we might be spared. Hereup∣on my Lord of Strafford at that time, burst out into these words, Sir, You will never do good to these Citizens of London, till you have made examples of some of the Aldermen; This to his best re∣membrance he said, Unless you hang up some of them, you will doe no good upon them. This is the substance of what he heard.

Being asked whether this was immediately after the breach of the Par∣liament?

He Answered, That he cannot confine himself in time; he desired to be spared in that, but he was several times at the Council-Ta∣ble; but it was after the breaking of the Parliament.

My Lord of Strafford observing, that Alderman Garaway spake it only * 13.133 to his best remembrance, he was Interrogated, Whether he could speak it positively?

He Answered, That it is a great while ago, and he did hear the words, * 13.134 that's certain.

Being asked by my Lord of Strafford, whether he himself spake them?

He Answered, Yes my Lord, your Lordship did speak them.

My Lord desiring leave to recollect himself a little, said, he will speak with as much truth, albeit, not with so much confidence as this Gentleman.

And after a little respite, he began his Defence as followeth.

The Defendant must still insist on this ground, which hitherto he hath * 13.135 gone upon, under their Lordships good leave;

That there is nothing in this Article, that can possibly convince him of High-Treason, admit it all proved, as it is laid down in the Charge; he hath very little to Answer, for there is little proved, the greatest part is offered on a single Testimony, which as he hath heretofore mentioned, he humbly conceives, by the Laws of the Land, cannot be charged upon him in case of Treason; for nothing can be charged upon him in case of Trea∣son, without two lawful Witnesses.

For the advice my Lord Treasurer says he gave in case of levying Ship-Money, surely he advised no other ways, than as had been formerly used 3 or 4 years before his coming into the Kingdom; so that if it be an error, he was led into it by the practice of former times, and of wiser men than himself.

Besides, there was then, as he conceives, a Judgement given in the Ex∣chequer-Chamber, and he hath learnt always in his own practice, by reason of his own weakness of judgement, never to be wiser than his Teachers, or to pretend to know more in other mens professions, than they know themselves.

And therefore there being a Judgement given in point of Law by the Judges, it was not for him to dispute what they had done, but with all humility, to submit it to better judgements than his own, so that to ad∣vise such a thing (as it then stood) he hopes will be excusable and par∣donable in him, albeit he doth not justify himself in it, in respect of some∣thing he hath heard and learnt, since that time, and taught him likewise by wiser men than himself. And as he then followed that which was de∣livered by the Judges, so he shall for the future, follow what he hath learnt by others, that ought to be believed, and by him credited before himself: But in the mean time he conceives it a pardonable fault, and shall never be drawn up, or put into the Scale against him as Treason.

To the other words, testified to be spoken by him at the Council-Table, He Answers, That he might hold the Aldermen lyable or subject to Fine and Ransome, in case they did not submit to the Kings Demands (for so on the matter, my Lord of Berkshire repeats the words) truly such hath been, and shall be his ingenuity in all things concerning this business, that these words he hath already acknowledged and confest to be by him spo∣ken; and he confessed now he did say, That in his opinion, in a Case of that great necessity, and imminent danger, which he conceived the King∣dom to be in, their refusal might perchance, make them lyable to Fine and Ransome; but the words, as he remembers them, were appliable not to that particular, but to another.

For he says, and he says truly, the words were spoken to hasten and speed my Lord Mayor in the services that were commanded him; not out of any intention or purpose, to do him hurt by further moving, or pro∣secuting any thing against him. He confesses, he wishes he had not spoken them, but being spoken, and spoken to that end and purpose, as high a thing as this might have been passed over, and not charged on him as a crime, but rather as an extravagant saying, which God forbid a man should be Arraigned for in this kind, as he is, and a little excess of Speech, he trusts by their Lordships Favour and Goodness, may be excused, if not

pardoned, at least so much pardoned, as it shall not be laid to him as Trea∣son, when it is but a hasty word, and nothing follows upon it.

For the other words which my Lord Mayor sayes, that he the Earl of Strafford should say to His Majesty; Sir, there will be no good done with the Citizens of London; till you have hanged some of them up; which at first he said, was to his best remembrance, and upon recollection, he says directly and absolutely; for my Lord said, he must not make it weaker against himself than it is; and he wishes that rule might be kept on both sides, which is to repeat the Evidence to their Lordships clearly and plainly as it is; which duty he said, he had Religiously observed, since the beginning of the Cause, and will perform to the last, not misrecyting any thing for his advantage or disadvantage; This being howsoever his comfort and joy, that their Lordships are so wise, as not to hearken to what is repeated of the Evidence, but to the Evidence it self, as it is plainly and clearly re∣presented, and that will not deceive them: and therefore my Lord said, to the best of his remembrance (and the Witnesses said, no more at the first) he spake them not, but he thinks they were spoken in so good company, before their Lordships of the Council-Board, that it can∣not but be remembred, by some of their Lordships, if the words had been spoken, and by His Majesty, to whom it is said they were directed.

But being an equal Testimony (however in this condition, and mis∣fortune, and affliction, it may be between this Gentleman and himself) he thinks that before these troubles befell him, he was as equally to be belie∣ved as the other; and therefore all the difference is, one sayes it, the other denies it.

My Lord added, That he denyed it in his Answer, and he denies it at the Bar, and in truth, to his best remembrance, he never spake the words; and it is a thing of no great moment, being a hasty word, and at the most very excusable, especially to a free spoken man, as he is, and he smarts for it, which hath further engaged him, perhaps than wiser man would have been, that hath much worse thoughts than ever he had, but he hoped it will be pardoned, and not amount to make good the Charge against him, but that their Lordships Honor and Justice will excuse it, rather than pu∣nish it, and so his Lordship said, he would say no more to it.

Mr. Maynard made Reply thereunto, in substance as followeth.

The Committee shall need to to say little to this Answer of my Lord of Strafford, for whereas he sayes nothing of High Treason is proved, their Lordships will be pleased to remember, how oft this hath been answer∣ed; for if their Lordships will look back, to what they have proved from the beginning: They charge not this as a particular Treason, but having charged him with a design to subvert the fundamental Laws; it appears he threatened it, That the Kings little finger should be heavier than the loins of the Law; They have shewed what he did in Ireland, how he did not only threaten, but gave sentence of death on one for words, how there he hanged another; it appears what a Jurisdiction he erected against Law, and wayes were taken to maintain them; how Soldiers were forced on mens Houses against their Wills; and what Insolency they committed, and that must not be questioned when it is propounded; When he comes in∣to England, their Lordships hear what Counsels he gives, which compa∣red with the Plots he laid, there is reason to think, that these words pro∣ceeding

from my Lord of Strafford, that men should be Fined and Ran∣somed, Hanged up, and laid by the Heels, comes not out of suddain pas∣sion, but rise from those Principles and Resolutions that were in him, to do all things according to his Will and Pleasure, against Law.

They beseech their Lordships, these may not pass as hasty words, when they appear to be suitable and conformable to Actions and Counsels pre∣ceding for many years, and not yet laid down by him, for ought can be discerned.

The singleness of the Testimony hath been often Objected, and as often Answered, but this is no single Testimony; My Lord Treasure speaks of his Advice to go on vigorously with Ship-Money; Others prove Fine and Ransome, and Hanging up, Threatened, which have all concurred to the general Charge, being several circumstances proved by several Wit∣nesses.

But whereas my Lord thinks to excuse himself, because there was a Judge∣ment in the Exchequer-Chamber; God be thanked, it appears to be a Judge∣ment against Law; and my Lord of Strafford spake these words after the King offered to lay down the Ship-Money, for it was after the Parliament; But there was never any Judgement, that a man might be hanged in such a case, nor be Fined and Ransomed for not certifying in matter of Loan; my Lord of Strafford knows as well as any man, that it is against Law, him∣self having had a great hand in the Petition of Right.

Mr. Glyn desired he might observe one thing, that fell from my Lord of * 13.136 Strafford, not at this time only, but at several times; That it is hard he should for words be questioned as High Treason, being a word spoken, and no ill effect of it; their Lordships may be pleased to call to mind, that for words spoken concerning Treading on his Toe, he prosecuted so far as to life, and yet they were spoken as accidentally as these, and not of less con∣sequence, and nothing came of them; and yet he procured a sentence of death against the Speaker, but here he extenuates it, and must not be charg∣ed with words.

And so the 25th Article was concluded.

[article 26]

THE Six and Twentieth Article. The Charge,

26. THat the said Earl by his wicked Counsels, having brought * 13.137 His Majesty into excessive charge, without any just cause, he did in the month of July last (for the support of the said great charges) Counsel and approve two dangerous and wicked Pro∣jects, viz.

To seize upon the Bullion, and the Money in the Mint.

And to imbase His Majesties Coyn with the mixtures of Brass.

And accordingly he procured One hundred and 30000 l. which was then in the Mint, and belonging to divers Merchants, Strangers, and others to be seized on, and stayed to His Ma∣jesties use. And when divers Merchants of London, owners of the said Bullion and Money, came to his House, to let him under stand the great mischief that course would produce here, and in o∣ther parts, and what prejudice it would be to the Kingdom, by discrediting the Mint, and hindring the importation of Bullion: he the said Earl told them, that the City of London dealt undutifully and unthankfully with His Majesty; and that they were more rea∣dy to help the Rebels, than to help His Majesty: And that if any hurt came to them, they may thank themselves; and that it was the course of other Princes, to make use of such Moneys to serve their occasions.

And when in the same month of July, the Officers of His Maje∣sties Mint came to him, and gave him divers reasons against the imbasing the said Money; he told them that the French King did use to send Commissaries of Horse, with Commission to search in∣to mens Estates, and to peruse their Accounts, that so they may know what to levy of them by force, which they did accordingly levy; and turning to the Lord Cottington, then present, said, That this was a point worthy of his Lordships consideration, meaning this course of the French King, to raise Moneys by force, was a point worthy of his Lordships Consideration,

MR. Maynard proceeded to open the 26th Article, and observed, That they had shewed formerly, how my Lord of Strafford had laboured a Disaffection betwixt His Majesty and His People: Now they come to shew, That His Majesty being put to extreame Charges, by the Advice of my Lord of Strafford; my Lord adds his advice, for seising Money in the Mint, and for that of the base Coyn, or Black Money; And, that when some attended my Lord of Strafford about it, to shew to him the danger and ill consequence, that might arise from it, my Lord of Strafford tells them, The City had dealt undutifully and unthankfully with His Majesty, and were more ready to help the Re∣bels than His Majesty; and, they may thank themselves; and, it was the Course of other Princes, to make use of such Monies. And, when the Master of the Mynts gave Reasons against it, my Lord said, The French King uses to send Commissaries to mens Shops, and to look into the Ac∣compts and Books of men, to see and peruse their Estates, that they might raise and levy it by force: And, turning to a Noble Lord by him, he said, That was a point worthy of his Lordships Consideration.

To prove the words spoken, about seising the Money in the Mint,

Robert Edwards was Sworn, and Examined, What he heard my Lord of * 13.138 Strafford say, when he attended him, about the Money seized in the Mynt?

He Answered, That he went to his Lordship about the danger, that the Company of Merchant-Adventurers were in, in regard their Estates were beyond Sea, giving his Lordship to understand the danger, in regard so much Money was taken out of the Tower, being, as he remembers, on Saturday night. They went on Mon∣day morning, and desired my Lord to speak to His Majesty, that the money might be restored again, that their Means might not be seized; for, some strangers had threatned, they would signi∣fie to their Principal, how their Money was taken from them, and would seek for a recompence again, by the Means they had beyond Sea: And, my Lord made Answer again to him, and di∣verse others that were there, That if they fared amiss, they might thank themselves, for if they went on in that manner, they were like to find it themselves; and that they should have the damage of it, if they did look to it no better. And withal he said, That though they think it is a strange business here, yet beyond Sea it is not so, but on Command men have their Goods taken. This was the substance, as he remembers, of what he said to them.

Being Asked, What my Lord of Strafford said, touching the City of London?

He Answered, That he said, They did deal very unthankfully and

undutifully, for there was but 14000 l. for Ship-money that was His Majesties due, and they denyed the payment of that; and did more to maintain the Rebels, than they did to maintain His Majesty.

Being bid repeat his words.

He said, That they came at first to be humble Suitors to his Lord∣ship, to be a meanes to His Majesty, that the Money taken from the Tower, might be restored again; for, the Merchants Adventurers Estates beyond Sea, were in great danger, in re∣gard there were some strangers threatned, to write to their Prin∣cipals, to stay their Estates there, for the Money stayed in the Tower: Whereupon my Lord made Answer, That if they did speed amiss, they might thank themselves, for they are more ready to hold with Rebels, then they were to give His Majesty His due, which was 14000 l. for Ship-money.

Being Asked (on my Lord of Straffords motion) Where he spake them? and, Whether he was not then Sick?

He Answered, It was in his Chamber: and my Lord did sit in his Chair, and he (the Examinant) stood hard by him, with four or five more, and he conceives my Lord was sick at that time.

Being Asked, on like motion, Whether he did not tell them he was sick, and could not go to the King at that time?

He Answered, That he remembers not that my Lord said, he could not go to the King; but, he said, he knew nothing of it till that morning, to his (the Examinants) remembrance.

Anthony Palmer Sworn, and Interrogated, What my Lord of Strafford * 13.139 said to him, concerning the mixt Money?

He Answered, That my Lord of Strafford had some Discourse with him, and the rest of his fellow Officers, concerning base Money; and, upon the Questioning of it, they gave him their Reasons a∣gainst it, and the insufficiency of it to do any thing, and said so much, as they conceived my Lord was disswaded from going any further in it: Upon this, he afterwards shewed them a Let∣ter, drawn out of his Pocket, which, as he said, was sent him out of France, and in the French Tongue; and, because he (the Ex∣aminant) did not understand the French tongue, he read it in English to this effect, so far as the best of his memory will hold; That the King of France, or the French King, had appointed certain Officers of his, to go and take view of mens Books of Accompt and Estates, by that means to see what they were worth, and to know what the King might demand of them; and, if they were not willing to pay it, there would be a force upon them to pay it. This, to the best of his Remembrance, is that my Lord did deliver.

Being Asked, Whether my Lord of Strafford did not speak words to this effect, That if His Majesty should do so, he should have the Exam∣ples of others, or to that purpose?

He Answered, Something he set forth to this effect, but the very words he cannot express, but it was to that purpose; That he had re∣ceived Letters, that the King of France had sent Officers, that took view of Mens Books and Accompts, to raise to himself some Moneys (if they were not willing) by constraint, and withal some other Speeches did fall from him to this purpose, but, the very words he cannot speak, that it was an Example, or might be an Example, to do the like in England.

Being Asked (on my Lord of Straffords motion) Where this was spo∣ken?

He Answered, It was in my Lords own house in Leister-fields, he thinks, and there were present three more, Sir William Park∣hurst, Mr. Gogan, and himself, and my Lord Cottington was also there.

Henry Gogan Sworn and Interrogated, What he heard my Lord of Straf∣ford say, when he attended him, about the abusing of the Coyn?

He Answered, That after the Coyning of the Base Money was thought on, there were Queries made, and they were to give an Answer the next day about the making of it; That was, about the Ex∣pedition, and what it would cost, and two other Particulars, the Paper Sir William Parkhurst hath. But, some of them spoke a∣gainst the making of the Money, Mr. Palmer and the rest shew∣ed the inconvenience of it; and then my Lord pull'd out a Let∣ter in French, and read it in English, to this purpose; That the King of France raised money by force, sending Commissaries of Horse to look into their Books and Estates, and levy money ac∣cordingly; and, did turn about to my Lord Cottington, and said, My Lord, this is worthy your consideration or hearing, or words to that purpose.

Being Asked (on my Lord of Straffords motion) Where it was spo∣ken?

He Answered, It was spoken at my Lords House in the Fields, in the presence of Sir William Parkhurst, Lord Cottington, Mr. Palmer, and himself.

Sir William Parkhurst being Sworn, and Interrogated, What my Lord of Strafford said, when he and the rest attended him about the Copper Money?

He Answered, That they were sent for; and, the first Question they were asked, was, What sorts of Money were made in Queen Elizabeths time of Copper, for the Kingdom of Ireland? they

told him what they were, and that they could produce the In∣dentures and Circumstances of making those Monyes; and they had diverse Discourses of the matter of Money, and it was resol∣ved into certain Queries that they should consider of, which he the Examinant was never formerly examined of, and the Papers are not here, neither was he warned hither to day. And, in the discourse of these Moneys, my Lord of Strafford did produce a Letter written in French, as newes lately received from thence, and, doubting whether they understood French or no, he En∣glished it, in these kinds of words, or thus much in substance, That the French King had lately sent certain Commissaries, or Commissioners, into diverse parts of France, there to take and peruse the Accompts of Merchants, and the Books of Mens E∣states, whereby they might know what Estates they had, and this is the substance of what he can say, and further he heard him not say.

Being Asked (on my Lord of Straffords motion) Who was there pre∣sent?

He Answered, My Lord of Strafford, my Lord Cottington, Mr. Pal∣mer, Mr. Gogan, and himself.

Being Asked, on the like motion, Whether he heard my Lord of Straf∣ford offer to my Lord Cottington, That this was worthy his consideration or notice?

He Answered, That he did not hear it.

Being Asked, Whether he said, That if the King should do so, he should follow the Example of other Princes?

He Answered, No.

Sir Ralph Freeman being Asked, What words my Lord of Strafford spake concerning Copper Money, If it were refused to be taken?

He Answered, That he was not there at the first meeting, but at the private Council, His Majesty being present, there was a Debate about Paying Copper-Money, and he (the Examinant) Answer∣ing, That they would not work, if they were paid in Copper Money: My Lord of Strafford replied, You know what course to take with them, you may send them to the House of Cor∣rection; This is all he heard.

Mr. Maynard desired Tho. Skinners Examination might be read, as to the matter which Mr. Stewart was examined to, he being seen at Westmin∣ster * 13.140 that morning, and acknowledged, that he was to be examined here as a Witness, and it seems could not get in, or is otherwise kept away.

My Lord of Strafford desired, they might reserve the advantage of him, and he would give way to it.

Mr. Maynard answered, That when he sayes a Witness may be kept a∣way, it is not that he is kept away, for he is here; but, if a Witness hath been examined, and doth not come, his Examinations may be read, for it is * 13.141 possible a Witness may be kept away, though he be not sick.

George Henley being Sworn, and Interrogated, Whether he saw Skin∣ner this morning at Westminster?

He Answered, He saw him in the Pallace-yard, and he told him the * 13.142 Examinant, that he (the said Skinner) was to be here as a Witness.

My Lord of Strafford desiring that liberty for him to Cross-examine him might be reserved, and that being granted, the Examinations were read.

The Examination of Tho. Skinner Gent. taken the 8th. Ian. 1641.

To the 98 Interrogatory he saith, That he attended Mr. Edwards and other Merchants-Adventurers to the Lord-Lieutenant, a little after the stay of the Money and Bullion in the Mynt, and the said Merchants represented divers inconveniences to his Lordship which might arise from the stay thereof; and alleadged, That it would occasion a seisure of the English Merchants beyond the Seas. Whereupon his Lordship said, He did not know of the seisure until that morning; But, if any Inconvenience happen, they may thank themselves: and his Lordship further said, that though this act might seem strange in England, it was no newes in other Countries; Where Princes made use of such means to serve their occasions; and his Lordship did very much tax and blame the City of London, saying, They dealt unworthily with His Majesty, in refusing to pay the 14000 l. of Ship-money, which was His due; and that they were more ready to hold with Re∣bels than with His Majesty; and, that they dealt unthankfully with His Majesty, in not relieving him in His great Necessi∣ties.

And so Mr. Maynard concluded this Article, the words charged being proved, and my Lord of Straffords Answer was ex∣pected.

After a small time given him to recollect his Notes, my Lord of Straf∣ford made his Defence, in substance as followeth,

That he is to give his Defence to the 26th Article, the first part where∣of * 13.143 was, That he should Counsel and Approve two dangerous and wicked Projects.

First, To seize on the Bullion and money in the mint.

Secondly, To debase the Coyn with mixture of Brass.

That he hath, in his Answer, denied either the Counselling, or the ap∣proving of these Projects, as they call them; and, for that part, which indeed would be the principal thing in the Charge, if it were proved, there is no offer of any proof at all, that is, concerning his Approving, Counselling, or devising those Projects.

To this he Answereth, It will appear in their own proof, he (the De∣fendant did not Counsel the seising of the money, for Mr. Edwards ac∣knowledges, when they came to acquaint him with the business, he professed he knew nothing of it; Nor did he, being then sick, and unfit for this matter.

And, Mr. Skinner sayes, He (my Lord of Strafford) told them, That he knew nothing of the seizure of that money; So that there is no Proof against him: and, the Proof brought, Acquits him, as to that.

For the debasing of the Coyn, Mr. Palmer sayes, That he and the rest of the Officers giving Reasons against it, he (my Lord of Strafford) gave it over; He remembers very well, there was some speech about the Cop∣per Coyn; and, that Information was to be given, what Queen Eliza∣beth had done in the like case: And, he remembers too, that it was given over: Also, that he was one of the Committee, to take Information of the Reasons for it, and against it; and, to report: and, further then that, he medled not with it.

For the rest of the Charge, in telling the City, They dealt undutiful∣ly with His Majesty, &c. he conceives the Proofs are full in the Point, and fuller then any thing of the Charge since the Trial began.

And, it is true, he did not at that time think the City had dealt thank∣fully with His Majesty, they having received so many Favours from him, and He residing amongst them, should refuse the Loane of 100000 l. on good security given; and, it might very well be (as he thinks he did) at that time, he might say so; And, if he spake it out of overmuch sence to∣wards His Majesty, and His Service, surely he doth not conceive it to be any great Crime, to say, They dealt undutifully with the King: But, what∣soever it was, he is sure he is ready to amend it, and to be of another Opi∣nion; For, he remembers very well, and, he thinks many of their Lord∣ships will call it to mind, that when upon the return of diverse Noble Persons to York, he understood that the City of London had lent the King 200000 l. he then said, That he was glad for his part, extreamly glad of it; and, all that was past formerly, was now fully satisfied, as to him, and he should be ready to serve them with his Life for it, as long as he lived; And this he spake in the Great Council of the Peers at York, and that he would be as ready to serve the City of London, as any poor Gentleman in the Kingdom, and so he sayes again, he will: and if at that time, or other time, he was so sensible of the Service of His Master, as not to think it well done of them, to refuse so small a Curtesie, and exprest something that might have been spared: Men oftentimes offend with the Tongue, when they offend not with the heart; And, he hopes this can be no such Bloody Crime, it arguing him rather to be innocent from doing any

great evil, when words are so often charged on him, rather than do∣ing.

But, there are some things not proved, that perhaps will be mentioned, because they be singly spoken of, but not doubly proved.

The next Charge is a Letter, that he should shew, about the King of France appointing Officers to take Accompts, and to view mens Books, and that it might be an Example for us here. Which words he doth ab∣solutely deny. He never spake them. He never thought them: And Mr. Palmer only speaks it; But sayes, the very words he cannot express: and, if he cannot (the Defendant) appeales to their Lordships, whe∣ther he should be Condemned for words which cannot be exprest? and he hopes it will be of very little force with their Lordships, when it is so uncertainly delivered. But, however, it is a single Testimony, none of the other Witnesses testifying the words, as he conceives.

Sir William Parkhurst denies expresly, that he heard them.

Mr. Gogan is a single Testimony, in saying, what my Lord of Straf∣ford should say to my Lord Cottington, That they might be worthy of his Lordships consideration; And Sir William Park∣hurst denies that he heard them.

But, it will be necessary for him, to let their Lordships know clearly and plainly, what this great matter was concerning the French Letter, for he trusts my Lord Cottington would remember it, and my Lord Treasurer too, if need were; but this is no way in his Charge, and therefore he shall not insist in the proof of it.

His Lordship having the honor to be of the Foraign Committee, my Lord of Leicester was pleased to send weekly Letters, to divers of their Lordships, and, among the rest, he received one, being in the nature of a Gazette: In which Letter, nothing was mentioned of Commissaries of Horse; but, it was mentioned, that the Cardinal had given direction to certain Commissioners, to go into the Houses of divers Merchants, not over the Kingdom, but at Paris, and Inform themselves by their Books of Accompt, what Estates they had, that they might demand Sup∣ply.

This Letter, he sayes, he Read, with this Clause, You may see what is done in other places; but, God be thanked you have so pious and graci∣ous a King, that he thinks on none of these things; he read it to them as a Gazette, a foolish idle Letter, and no more.

My Lord Cottington being Interrogated touching the Letter, &c.

He professes that he knew nothing of such a Letter, but because he * 13.144 would remember it, he spake with Sir William Parkhurst, and Mr. Palmer, and some others, and they told him, that when my Lord was Reading the Letter, he was Writing in another Room; and asking, Why it was said he was present? they told him then, That they thought Gogan had said so, when there was no such matter; For, he having seen his name in the Printed

Book, he hath been careful to inform himself, what kind of Let∣ter it was, for he profest to their Lordships, he remembred not the Letter, nor the discourse, and asking Sir William Parkhurst and the rest, why it was said, such words were spoken to him by my Lord of Strafford? they say, they had been examined upon it, and had denyed it.

For Sir Ralph Freeman's Deposition, that my Lord of Strafford should say, That if the poor men that work on the Money should refuse to work, they might be sent to the House of Correction; That he conceives he might say without offence, but it is no part of his Charge.

My Lord Cottington being asked (on Mr. Glyns motion) whether he had heard of such a Letter?

He professed, to his remembrance he never heard of the Letter.

Whence Mr. Maynard inferred, there be others that speak to that, * 13.145 therefore there may be something that is not remembred.

And so my Lord of Strafford concluded, that he had told their Lordships clearly and plainly what is proved, what the things were, and as they were; and he trusts nothing is in his Actions, but such as may admit of a noble and favourable construction: and so there is no more for him to Answer to this Article, but only to say, That under the favour of these Gentlemen, nothing can incline one way or other, to be an ac∣cusation of High-Treason.

To which Mr. Maynard made a Reply in substance as followeth.

That he should not hold their Lordships long in Reply to this; My * 13.146 Lord denies the Counselling and Approving the matter of seizing the Mynt, and debasing the Coyn, and a Witness produced, sayes, My Lord knew nothing of it; that they can press no farther, but that is no justifi∣cation to my Lord Strafford, to retort such words concerning the Great City of this Kingdom, on so small an occasion, as their desire to have their Money discharged. It was a grievous thing, and is not to be slighted; that their Estates being beyond Sea, my Lord of Strafford should make so little of it. But my Lord Answers nothing to these words, That the City of London was more ready to help the Rebels, than to help the King, and he doth well not to do it, for whosoever doth help a Rebel, is of the same condition with the Rebel. For the matter of the Letter, it is of no great importance whether it be so or no? But the mat∣ter is, What Speeches were used? My Lord sayes, the Speeches are pro∣ved by only one witness; But the truth is, one Witness positively swears one part, and another the other part; but both agree, That my Lord Cottington was there, though Sir William Parkhurst doth not remember it.

Mr. Whitlock added, That my Lord of Strafford is pleased to mention a * 13.147 Letter from an Honouable person, my Lord of Leicester, and now he ob∣serves, it was a Gazette, and no Letter at all from my Lord of Leicester.

But my Lord of Strafford desired, he might not be mistaken, he being very tender to have it laid on him, that he should in any thing speak untruth, or contradict himself.

Their Lordships know, the Letters sent familiarly every week from my Lord of Leicesters Secretary, as News to the forreign Committee, are on∣ly in the nature of a Gazette, and so he intended to open it.

Mr. Strowd added, there is something in the Tract of this Article that * 13.148 sticks near to me, and I cannot let it pass; Whereas my Lord sayes, Words are only laid to his Charge, which argues his innocency in Fact, in that he hath been sparing in doing, whatsoever his Language is; First, The Laws are clear, that words may be Treason, and to every mans reason it sounds thus far, That words in consequence may go beyond some acti∣ons; and words of the highest nature he hath used, all trenching deeper on us than some Acts might have done: to counsel His Majesty in things of that consequence, it touches not only on the safety of His Majesties Crown, but also on the Liberty of his People, and may go beyond force; for if my Lord of Strafford had brought in his 8000 Irish by force, we might have withstood them by force.

But when he goes to the Ear of a pious Prince, and insinuates that we know not of, and brings a desolation on a Kingdom, who shall repell such Language, when force may repell Forces? And surely had he plotted and devised against His Majesty, by any one (which God forbid he should, or that His Majesty should be in that danger) the pretence of a Prince might have daunted a Traitor, that he could not have done the work; yet had he done it (which God forbid) a Prince, may dye with fair reputation to posterity; but when he shall inspire a Prince in his ear, and provoke tyrannical Carriage to His Subjects, he may abuse a good Prince, but how he may leave him to posterity, I leave to your Lordships.

But my Lord stays not singly in Counsel and Advice, but something was done upon it. I appeal to your Lordships, when proof shall be brought in the case; and First, consider the misery that England is now in, what could have been done more to have made us miserable, but absolute de∣solation? The Aldermen were committed that very day, and though it cannot be proved, he gave the immediate Counsel, yet he gave the Counsel that hath been proved, and that day four of them were committed; and this the Aldermen are ready to prove.

Sir Henry Garaway Interrogated, Whether any of the Aldermen were committed?

He Answered, That he shall not need to Answer that; for my Lord * 13.149 will confess it, there were four Aldermen committed, Alder∣man Rainston, Alderman Somes, Alderman Geere, Alderman Atkins, and it was the same day they were there, to give an account of the able Men, and the loan of 100000 l. Their Answer not giving satisfaction, they were committed the same day to several prisons; by what Order or Direction he knows not.

So Mr. Glyn desired their Lordships, to observe the words proved a∣gainst him, That no good will be done on them, till they were laid by the heels, which my Lord sayes, produced no effect; yet that very day * 13.150 four were laid by the heels, and it rests upon their Lordships Judgements, by whose advice.

And Mr. Strowde concluded, That my Lord of Straffords Words and * 13.151 Actions Agree in this Kingdom, and the miseries of this Kingdom, do a∣gree with his Words and Actions.

And so the 26th Article was concluded.

[article 27]

THE Seven and Twentieth Article. The Charge,

26 THat in or about the month of August last, he was made Lieu∣tenant-General * 13.152 of all His Majesties ••orces in the North, prepared against the Scots; and being at York, did then in the month of September, by his own authority, and without any lawful Warrant, impose a Tax on His Majesties Subjects in the Coun∣ty of York of eight pence per diem, for maintainance of every Sol∣dier of the Trained-bands of that County; which sums of Money he caused to be levied by force. And to the end to compel His Ma∣jesties Subjects, out of fear and terror, to yield to the payment of the same; he did Declare, that he would commit them that re∣fused the payment thereof; and the Soldiers should be satisfied out of their Estates; and they that refused it, were in very little better condition, than of High Treason.

MR. Maynard proceeded to the 27 the Article; That the * 13.153 Earl of Strafford imposed a Tax on His Majesties Subjects, in the County of York, of 8 d. per diem, for the maintainance of every Soldier of the Trained Band of that County, causing it to be levied by force, Threatening them that refused with Commitment, and that they that did not pay the Soldiers, should be satisfied out of their Goods, and they were in little better case, than the case of High Treason, that refused to pay.

The state of their proofs will stand thus; There were three Levies; First, a months Contribution, and that was for the general; The Second, a Contribution for a fornight, and that was for two particular Regi∣ments or Companies; A Third, for a month more, so it was for ten weeks in the whole.

My Lord of Strafford pretends two things in his Answer for his excuse.

First, That it was upon a Petition from the Country; To that we say this, The Country did petition His Majesty, offering their endeavour, in that Petition they likewise desire a Parliament for redress of grievances, with which Petition some principal Gentlemen of the Countrey, attended my Lord of Strafford, desiring his assistance; He likes well the clause concerning the Petitioners endeavours, but not that touching the Parliament; and therefore he would not deliver it: though he said, it would fall out, there would be a Parliament, His Majesty having re∣solved it, but he likes not that they should Petition it. They re∣fusing to retract from their Petition, he doth in the name of some of his Lordships Friends, and Dependants, and Recusants, prefer another Petition, but it was when the Gentlemen of the Countrey were gone, and so there was no consent of the Coun∣trey.

The other thing he pretends is, That the Lords of the great Coun∣cil, had consented to that Imposition, which we say is not true, there was no such Consent or Direction; yet this he said, both in the Countrey, and in his Answer, and their Lordships best know, that the Lords of the Great Council did not give that direction,

The first thing offered, was the Petition first intended, which Sir Hugh Cholmley, and Sir Philip Stapleton affirming on oath, to be the true Petition, their Hands being to it amongst others, was read, being in effect.

The Humble Petition of the Gentlemen of the County YORK.

WHEREAS Your Majesty imparted to us the danger, by the incursions of the Scots, and the necessity of continuing the Train∣ed-Bands of this County in entertainment for two Months, and raising Money so long, and did Royally assure us, That the Wardships of such as dyed in this Imployment, should be freed, and one third part of the Trained-Bands should be abated, for which we acknowledge our bounden thankfulness, in ready obedience of Your Majesties Command, we have re∣presented to Your Majesty our present Condition, and in the entrance of the business, we found a great impediment and discouragement, by certain Warrants produced for levying Money, towards this new service, where∣in in the first place, we cannot omit to let your Majesty know, the great grief we have, in that the County is there charged with disaffection and backwardness therein, which as we are confident, we never were guilty of, so we were in good hope, your Majesty had received no such Impres∣sion of us. And in the next place, we find our selves much grieved, that the execution of such Warrants, which we conceive illegal, should be concluded and urged on peril of life; notwithstanding the strictness of which Warrants, we find divers parts of the County have not been able to pay the Money demanded, and from thence, and the attestati∣on of divers Gentlemen, we are assured the scarcity of Money is such, that it is diabled from satisfying your expectation therein; And that Your Majesty may know it is no pretence, but a real poverty; we are bold to represent the Charges, viz. of

• Ship-Money.
• Vast expences the last year in Military affairs.
• The Billeting and Insolency of Soldiers this Summer, part of the time on the credit of the County.
• Decay of Trade.
• Stop of Markets.

Charge of Carriages, especially in Harvest, by which means, not only the common people, but most of the Gentry, by the failing of Rents, are much impoverished:

And therefore we petition Your Majesty, You will accept our endea∣vour, to prevail with the Countrey to raise so much Money, as will pay the County one whole month, from their first rising, within which time, (as is generally reported) Your Majesty hath Commanded the at∣tendance of the Peers, to consult for the safety of the Kingdom, and pray the Trained-Bands may be continued in the Villages, where they are Quartered, except Your occasions otherwise require it; and in the inte∣rim, for the redress of these Grievances, and security of Your King∣dom, Your Majesty will please, to Declare Your Pleasure for summon∣ing the High Court of Parliament, &c.

To prove that my Lord of Strafford refused to deliver this Petition, and that another was framed, to which the Countrey consented not.

Sir Hugh Cholmley was Sworn and Interrogated, whether this Petition * 14.1 was shewed my Lord of Strafford, and whether he was not unwilling to deliver it, and why?

He Answered, That this Petition was shewed to my Lord of Strafford, in the name of the Gentlemen that had subscribed it, and it was delivered to him by my Lord Wharton, and of those Gentlemen that subscribed their Hands, many were gone out of Town, and desired that those that staid in Town, might attend my Lord Wharton, and intreat him to deliver it to my Lord of Strafford, and when it was delivered, my Lord of Strafford took only ex∣ception (at least he the Examinant) is sure that was the chief exception) because they petitioned for a Parliament; and said, that leaving out that Clause, he would joyn with him in the Pe∣tition.

Being asked what he knew of another Petition framed afterwards?

He Answered, That at that time no other Petition was framed, by the Gentry of the Countrey, this Petition being rejected; for my Lord of Strafford went and delivered some message to the King (he thinks for the maintaining of the Trained-Bands a month) and many of them that did subscribe to the Petition not consenting to it, met together, intending to make a Petiti∣on and Protestation against it, and did so; intending to deliver it to His Majesty, but it was not delivered.

Being asked what Moneys were levied, by whose Warrants, and for what time?

He Answered, That he can say nothing to the levying of Money, but in general, he thinks Money was levied.

Sir Henry Cholmley Sworn and Interrogated, what my Lord of Strafford * 14.2 said concerning Money?

He Answered, That he had the Honor to be one of the Colonels of the Trained-Bands, and received Command from my Lord of Strafford, being Lieutenant-General of the Army, to give ac∣count in what state his (the Examinants) Regiment stood? of what strength it was, and how provided of Money? That he repaired to his Lordship, and told him, That notwithstanding the Warrants sent out, they came not to him, and unless he had Money shortly, the Regiment would disband; That his Lord∣ship answered him, he would send a Levy on the Goods of those that refused.

Being asked (on my Lord of Straffords motion) whether he did so send?

He Answered, No; that he knows of.

Sir Iohn Hotham Sworn and Interrogated, what he knew touching the Petition, and my Lord of Straffords rejecting it?

He Answered, That concerning the Petition, it is true, that being to * 14.3 meet together in the afternoon at the Common Hall, they did first consult, what to represent to my Lord.

But when they came there, my Lord refused, and made doubt of de∣livering the Petition, unless they would put out the clause, concerning the Parliament, and some thought it fit to preferr it without it.

Some of the Gentlemen that had petitioned, went out, and deli∣vered in something to the King, but what it was he knows not.

And for levying of the Money, he can say nothing to it; Warrants were sent out by the Vice-President, but how far my Lord was interested in it, he can say nothing at all.

Sir Philip Stapleton Sworn and Interrogated, as to the delivering of the Petition.

He Answered, that for the Petition, he can say his Countrey-men * 14.4 being sent for to York by the King, and intimation given, that they should keep their Trained-Bands for two months, they desired time to give an answer, which was allowed them as they desired, till the next day. They met that night, and though my Lord-Lieutenant desired to meet with them, they met first by themselves, and drew this Petition; for my Lord being Lord Lieutenant-General, and a Privy-Counsellor, they should not have been so free to deliver their opinions, though he (the Ex∣aminant) thinks some of them should have been free enough. They drew the Petition, and he thinks there was 100 hands to it, and being delivered to my Lord-Lieutenant, he took excep∣tion, because it concluded with desire of a Parliament, and told them, if they would leave out that Clause, he would deli∣ver it, if not, he would not, and after long discourse (where∣in he shewed much Eloquence) most of them continued their resolution to stand to that Petition, and many went out of Town and left it, without making question but it should be delivered to His Majesty. My Lord after put it to Vote, whereof there were many Papists, and on the Vote delivered an Answer, what, he (the Examinant) doth not know, for he staid behind to draw another Petition, and an humble protestation to His Majesty, that this Petition was the Answer of the Countrey.

Lord Wharton being Sworn and Examined to the point of the Petition?

His Lordship Answered, That this was unexpected to him, for he * 14.5 heard not of it from the Committee, till he came into the place, but he can perfectly speak to it, having a little Interest in it, himself being one of them who subscribed it; That on Satur∣day in the afternoon, being appointed to attend my Lord of

Strafford touching this business (for most of the Gentlemen de∣siring to be at home) on a suddain went out of Town, and desired him with some others, to deliver this Petition to my Lord, by his own hand, to be delivered to the King, he did so, and accordingly desired my Lord to deliver it in the name of the Gentlemen, that had set their Hands to it, many being like∣wise with him on that occasion; That my Lord of Strafford took exception to the clause for a Parliament, and said, That if they would put that out, he would joyn in the rest of the Petition. Divers of the Gentlemen that were there (there being not ma∣ny that had set their hands) would not goe back from that, which with so much Humility and Reason, they thought was desired; thereupon my Lord would not deliver it, and went to the King. But they that thought not fit to have the Petition altered, thought not fit to go with him to the King; and what he said, he (the Examinant) knows not.

Sir William Pennyman being Sworn and Interrogated, Whether a War∣rant now shewed him, was not under His Hand and Seal?

He confessed it was his Hand and Seal. * 14.6

And that being desired to be read,

Sir William Pennyman offered to their Lordships, that he presumes he comes to be a Witness against my Lord of Strafford, not himself, and referred it to their Lordships, whether he should answer any thing against himself, this having an oblique aspect on himself; but if their Lordships will require him, he will submit.

But Mr. Maynard upon opening of the matter, shewing that they urge * 14.7 it only, as grounded on my Lord of Strafford's Command for levying of Moneys.

It was read, being to this effect.

To the Constable of Sergeant-Major Yaworthe's Company.

WHereas the Lord-Lieutenant-General of His Majesties Army, by His Majesties Command, sent forth Warrants to the Con∣stable of this Weapontake of Longborough, for Collecting and Pay∣ing the Soldiers of my Regiment, Six weeks pay, to be delivered from my hands, which is not yet received from, &c.

These are therefore once more in His Majesties Name, to Will and Require you forthwith, to pay, or cause to be paid to the said Sergeant-Major, the several Rates and Proportions, both of the First and Second Contri∣bution, Assessed on your-Town, &c. And if any person or persons shall refuse so to do, you are instantly on receit hereof, to bring him or them, &c. to serve in their own persons, for the defence of this County, as the ne∣cessity of this Cause requires; And hereof, &c. fail not

19 Octob. 1640.

Sir William Pennyman being Asked, Whether the Warrant was ground∣ed on a former Command of my Lord of Strafford?

He Answered, That he cannot directly speak to that, he will not charge his memory with it; for, he thinks, the first Warrant was issued by the Vice-President, and, whether any was issued by my Lord of Straffords direction, he cannot Answer precisely, but he conceives there was; and, he hath a confused notion in his head, but he cannot particularly and distinctly remember it.

Being Asked, Whether he knew any Deputy-Lieutenants were drawn to issue a Warrant, to levy money on the Country on this ground, that the Lords of the Great Council had consented to it?

He Answered, That he conceives they were summoned thither toge∣ther, and on this occasion; when the Trayned-Bands were dis∣banded, it was thought fit the Frontier-Regiments, viz. his (the Examinants) and Sir Thomas Danbies, should be continued, but he (the Examinant) Conceiving it unreasonable and unequal, that they should continue at their own Charge, and the rest not tributary to them; and, at least, they not being ordered to march successively to relieve them; he (the Examinant) complained thereof to my Lord of Strafford, they were thereupon sent for, and an Order was made, to which he (the Examinant) refers himself.

Being asked, Whether it was not to this effect, Whether those that would not pay their Money, should serve in Person?

He Answered, Sure he believes it was, for his Warrant is a relative Warrant to that other.

Being Asked, On what Grounds the Deputy Lieutenants were induced, to make such an Order? and, Whether it was not on an Allegation, that the Lords of the Great Council had Consented, or Commanded, it should be done?

He Answered, That he presumes it is matter of Record, if a man may say so, for the Warrant will speak: But, he presumes there was some such thing spoken by my Lord of Strafford, that he had acquainted His Majesty with it, or the Greatest Counsel, or to that effect, and that induced them to put that into the Pream∣ble of the Order.

Being prest to speak his knowledge,

He Answered, That truely he verily believes it was so.

Being prest again to speak his knowledge positively.

He Answered, That he doth very Confidently and assuredly believe it is so, but he doth not particularly remember it, for it is a

great while since he saw that Warrant: but, it is matter of Re∣cord, and if he sees a Copy of the Warrant, he shall let their Lordships know, whether it be a true Copy.

Being prest further to Answer, Upon what ground it was made? And, whether upon an Allegation of a Consent, of the Lords of the great Council?

He Answered, That he cannot further Answer than before: he doth very confidently believe it to be so; for, he doth remember, my Lord of Strafford told them, he had acquainted the Kings Ma∣jesty, or the Lords of the Great Council, which induced them to put them into the preamble of the Order.

Being yet urged to answer Categorically.

He Answered, That he verily believes my Lord did so; and that un∣der favour reaches almost to a knowledge, the thing is so no∣torious, that the thing it self may be known.

Being required to speak his knowledge, Whether my Lord of Straf∣ford told them, the Lords had Commanded, or Consented to it?

He Answered, When that was spoken of, he was out of the Room, and it was drawn by Mr. Rockley a Deputy Lieutenant; but, Mr. Rockley told him my Lord did say so.

Being yet again prest to a positive Answer (Mr. Maynard observing to their Lordships, That when a Gentleman is brought upon his Oath in a Cause of this Consequence, this Dalliance is not to be admitted.)

He Answered, That he Answer'd as clearly as can be, And the Gen∣tlemen will not press him beyond his knowledge; He sayes, he doth confidently believe it, but, under favour he was not at that time in the Room, but Mr. Rockley told him, My Lord of Straf∣ford had acquainted the King and the Great Council.

Mr. Maynard observing, That now he speaks less then before; and de∣sired he might be Interrogated, Whether at that time, or at any other time, my Lord of Strafford told him, The Lords of the Great Council had assent∣ed to this Levy.

Which being proposed;

He Answered, He doth confidently believe my Lord did it; It may be proved by a great many others; but he is confident of this, as of any thing in the World, that my Lord did tell them, when they went to draw the Warrant, That my Lord had acquainted the Lords of the Great Council, and His Majesty, and that he did it by their Consent; and, therefore they put it into the Pream∣ble of their Order.

Sir Hen. Griffin Sworn and Interrogated, Whether my Lord of Straf∣ford said, The Lords of the Great Council had consented to the levying of Money?

He Answered, He heard my Lord say so indeed (or else they had not * 15.1 set their hands to the Order) that he had direction from the Great Council, to levy Money for Sir William Pennyman, and Sir Tho. Danbies Regiments.

Being Interrogated, In what manner the Money was to be Levy∣ed?

He Answered, That he doth not know in what manner.

Being Asked (on my Lord of Clares Motion) What he meant by this Direction? * 15.2

He Answered, That there was an Order made from all them that were Deputy-Lieutenants, and my Lord of Strafford as one; and this is the Order concerning the levying of Money for the two Regiments.

Being Asked (on Mr. Glyns Motion) Whether my Lord of Strafford * 15.3 had not directed the money to be levied in manner as is exprest in the Or∣der?

He Answered, That to his best Remembrance, my Lord did say so, he must confess.

Being Asked, Whether in case any refused to pay this money, they were not to be compelled to serve in person?

He Answered, There was such a Clause in the Order, to his best Re∣membrance.

Mr. Robert Strickland Sworn, and Interrogated, Whether my Lord of * 15.4 Strafford said, The Great Council had directed Warrants should be issued for the levying of Money?

He Answered, Yes. It cannot be deny'd: He (the Examinant) gave a Copy of that Order, when the last Commissioners were at Rippon; and he saw a Gentleman even now behind him, that had a Copy of the Order and Warrant, and it is declared, that it was done by the Great Council of the Peers.

Sir Iohn Burroughes Sworn and Interrogated, Whether he knew of any such VVarrant, or Order, for levying money for those two Regi∣ments? * 15.5

He humbly intreated, That he might have their Lordships direction, before he Answered the Question; for, their Lordships know ve∣ry well, that, by His Majesties Command, he was appointed to

be Clerk or Register of the Great Council: Moreover, he con∣ceives, That (by his duty, all Orders and Resolutions of the House, especially those that concerned third Parties, without asking leave) he was to deliver to the parties, if they required them: But, for such Debates and Arguments, as were used in the Great Council, to and again, between their Lordships, he humbly intreated their Lordships Direction, VVhether he should publish any thing of them or no? And, upon their Lord∣ships Order, he shall clearly, and with all integrity, deliver the truth.

Being permitted by their Lordships, to speak to the Questions pro∣pounded.

He proceeded, and said, That he hath very good cause to remem∣ber, that upon the 20th of October, he went to my Lords Com∣missioners for the Scotch Treaty at Ripon, and, upon that day, there were two prime Gentlemen of those parts, that came and attended the Lords, he thinks, about business of their own, and, he supposes, only to tender their service to their Lordships; That, amongst some other Discourses betwixt the Lords and them, they mentioned some such Order as this was, concerning the relieving of the two Regiments, that were for the Guard of Richmondshire, and some other of those parts, made, as they said, by the Great Council of the Peers; and thereupon, that themselves, my Lord of Strafford, and the rest of the Deputy-Lieutenants, had granted out VVarrants, for the Assessing of Money for the relieving of those Regiments; Those that heard it were startled at the Order, being said to be an Order of the Great Council; and commanded him (the Examinant) to inform them, VVhe∣ther he knew of any such Order? he told them, He remem∣bers not any such Order, and was confident he never drew up any, because he never heard any mention of those two Regi∣ments in the Great Council. Their Lordships asking him, whe∣ther he was sure of it? he told their Lordships he would look on his Notes, and faithfully inform them how the case stood, he did so, and came back to their Lordships, and told them he found nothing in his Notes of these Regiments; and while he was there, he was confident no Order was drawn up; It is true, (he told their Lordships) some Order might be drawn up, when he was absent, for he was first at Ripon, and at York he was oftentimes employed in the Committee to write Letters and Orders, and what was done in his absence, he could give no answer to; but confident he was, no Order was made be∣fore the 20th of October by him, or in his hearing or know∣ledge. Hereupon the Lords desired those two Gentlemen, to give them Copies of the Warrants they had sent out, And that he (the Examinant) should take their Testimony, which he did; this was the Twentieth or Twenty seventh of October, which was the last day of the Great Council of the Peers. My Lord of Strafford in Council then did take notice, that some such thing had been done at Ripon, and then said to my Lord, that

he did conceive he had the Kings Order, and their Lordships Approbation, for the issuing out of this VVarrant. But, since, he conceived their Lordships disliked it, he had taken Copies of it, he was very willing to withdraw these Warrants; And, on Debate, there was nothing more done; For his part, he never drew up an Order, nor was he commanded to draw it up.

Being Asked (on my Lord of Straffords Motion) Whether on that last day, His Majesty was not pleased to say in the Council, That what the Earl of Strafford did in that Affair, was with His consent?

He Answered, It is true, He did give his consent to it, and command∣ed him to go on with it; when he (the Earl of Strafford) de∣sired, if any thing were amiss in it, he might call back his War∣rant again, and that he might easily do it, and no hurt would come of it; and, whether His Majesty did thereupon affirm, that my Lord of Strafford had formerly acquainted Him with it, and He Commanded him to go on?

He Answered, That it is very true, My Lord Deputy appealed to the King, VVhether he had not His Majesties Approbation and Or∣der for it? and, the King said, He did acquaint Him with it be∣fore the Lords; But not (to his Knowledge) that He command∣ed him to proceed.

Being Asked (on my Lord of Essex motion) VVhether some of the Lords did not take exception at the VVarrant, and likewise thought fit, it should be called in again?

He Answered, That the Vote generally of the Lords was against the VVarrant; but, he remembers not any thing said for the recal∣ling of it; but, they absolutely declined the making of any such VVarrant.

Being Asked (on my Lord of Straffords motion) VVhether it was Voted or no?

He Answered, That it was spoken to by several of my Lords, but all declined it.

Being Asked, VVhether he had the VVarrant, or a true Copy of it?

He Answered, He hath a Copy of that which was delivered him, by the two Gentlemen that were then at Ripon, and their hands are to it, to attest it; and, he saw them set their hands to it himself.

Being bid to name the two Gentlemen.

He said, They were Mr. Robert Strickland, and Mr. Mallard, VVho did affirm, That, to the best of their remembrance, this is a true Copy of the VVarrant, sent out to the several Divisions.

To prove Execution by force,

Mr. Henry Cholmeley Interrogated, What he heard the Earl of Straf∣ford say, touching the Vice-Presidents issuing of Warrants?

He Answered, That shortly after my Lord of Straffords coming to * 15.6 York, in the Presence-Chamber at York, he (the Examinant) among some other Gentlemen, were summoned to be there, where my Lord of Strafford, speaking of the Trained-Bands, oc∣casion was offered by another that was there, How the private, or common-men should be maintained? My Lord of Strafford Answered, It had been always the Custom, that the private men should serve themselves in person, or maintain the charge of them that served for them; and, the common mens charge is borne by the several Constables in the Towns where they live: And, he said to His Majesty, Sir, if you please, Mr. Vice-President may, or shall (the Examinant knows not which) send out Warrants to that purpose; but, whether he sent out any or no, he cannot tell.

William Dowsen Sworn, and Interrogated, How he hath known those moneys for the Trained-Bands, levyed?

He Answered, (His Answer being commanded by the Clark, the Wit∣nesses * 15.7 having a low voice.) That Mr. Yaworth, Sergeant-Major to Sir William Pennyman, came with Four Musketiers to the Lordship of Egton, and sent them for Assessors, and when the Assessors came, they were importuned to have them Assess (for they had been unwilling to Assess) and, if they would not, they should answer it before my Lord General, and then they consented to Assess; and he shewed a Warrant from Sir Wil∣liam Pennyman, and gave it to the Constable for the Collection of the Money.

Being Asked, VVhether he threatned, That he should serve in person, if he did not pay?

He Answered, Yes, by Serjeant-Major Yaworth, and so he served un∣der Sir William Pennymans Regiment.

Being Asked (on my Lord of Straffords motion) VVhether he saw any VVarrant of his?

He Answered, No.

Being Asked, VVhether the Four Musketiers did not go along with the Constable, from place to place to levy the money?

He Answered, Two Musketiers went with every Constable to le∣vy it.

William Pierson Sworn, and Interrogated, VVhether Four Musketiers, or Soldiers, did not come to Collect this Money?

He Answered, Yes. And he saw them in the Town, go altogether * 15.8 in with the Constables; but, in the Deales or outsides, there went but with each Constable one; The Lordship consists of Long Deales, distant one from another 12 score, and, in those out-places, one went with a Constable, but, in the Town, all four went.

Being Interrogated, By what VVarrant?

He Answered, That he did see a VVarrant that was receiv'd from Captain Yaiworth, under Sir William Pennymans hand, and he saw his name at it.

Sir William Ingram Sworn, and Interrogated, VVhat he hath heard my Lord of Strafford say, touching this business of levying Money? and, What condition they were in that deny'd to pay it?

He Answered, That soon after the Trained-Bands were Commanded * 15.9 to be drawn forth, he found the opportunity, and did move my Lord of Strafford, acquainting him what Case Soldiers were in; For he (the Examinant) had been with the Soldiers, and found them willing to March, if they might know how to be maintained: the Masters had refused to pay the private men, and the Constables said, the Parishes were so poor, that they could not collect any more money; and desired, his Lordship would be pleased, before they were drawn forth, he might know how they should be maintained: And, his Lordship gave him this Answer, That the private men must maintain their Soldiers after the rate of 8 d. a day, so long as they were forth, else he would Commit them, and order should be taken, the Soldiers should be maintained after 8 d. a day, out of their Estates; And commanded him (the Examinant) to speak to the Constables, that Assessments might be made for the maintenance of the Common Army; and, if any did refuse to pay their parts of an Assessment, they should be likewise committed to Prison, and lie there, and the Common Soldiers should be maintained after the rate of 8 d. a day; and, he would have men know, that refu∣sing to pay such Contribution, they were in little better condi∣tion, than guilty of High-Treason.

Sir Harry Griffin being Interrogated, VVhether my Lord of Straf∣ford sent not Messengers to them, that refused to pay this Money Asses∣sed?

He Answered, That indeed he doth not know of any thing concern∣ing * 15.10 the two Regiments of Sir William Pennyman, and Sir Thomas Danby; but, for his own, he can speak, That about the latter end of August last, he was commanded by the Sergeant Mayor-General of the Trained-Bands, to advance his Regiment; and,

assoon as they were advanced, there issued forth assessments for a whole Monthes pay, for his whole Regiment; and, on this Warrant he received 300 l. or thereabouts, but more they would not, nor could not pay; whereupon he went to my Lord of Strafford, and told him, He could not keep his Companies to∣gether without Money; and my Lord bid him go back to his Regiment, and he would take a Course, and my Lord did grant forth his Warrant, and on that was pleased to send a Messenger (as he thinks) to the Constable, to whom it was directed, and the Messengers went from Constable to Constable, and all was paid.

Being asked (on my Lord of Straffords motion) whether it were paid voluntarily?

He Answered, They were for ought he knows.

Sir Hugh Cholmley being Interrogated (on Mr. Maynards motion) of what Quality those persons were, that staid with my Lord of Strafford, and joyned in the latter Petition? and, Whether many of them were not Re∣cusants?

He Answered, That there were some of them Gentlemen of very good * 15.11 Quality, a few that had retracted their hands from the Petition, some 7 or 8, and he doth not know, whether there were not ma∣ny Papists, but they took a Note of four or six and twenty, to his best remembrance, that the Country had a Character on them to be Papists, and Men affected that way, but he knows not whether they were Convicted or no.

And so Mr. Maynard said, they should leave this Article a while, in ex∣pectation * 15.12 of my Lord of Straffords Answer, and then they should recollect their proofs; in the mean time they supposed every particular was pro∣ved.

My Lord of Strafford, after some time granted him to recollect his Notes, made his Defence in substance as follows.

And First, he desired leave to read the Charge, and their Lordships * 15.13 should find, how little of the matter opened before them this day, was therein contained, and so he is not accountable for it.

He read the 27th Article.

That in or about the moneth of August last, &c. His Lordship craved liberty to dissent from that worthy Gentleman that spoke last, who in his opinion, is very much mistaken, who was pleased to say, That all was ful∣ly proved; for he conceives, little or nothing is proved as to him.

That he might give their Lordships the clear satisfaction, he desired to go on in their own Order; and as the Proofs were offered, he shall offer his Answers.

The First thing spoken of, is a Petition drawn up by certain Gentle∣men, whereby they did offer a months pay to the Trained-Bands, which

Petition was shewed the Defendant, and was refused by him to be deli∣vered, and the Reason assigned is, because in the latter part there is con∣tained a Petition for calling of a Parliament, and that is laid to him as a Crime, but where it is, he doth not find, and when he doth, he shall an∣swer and acknowledge it.

He acknowledged there was such a Petition, and that it was shewed to him, and having not been acquainted with it formerly, he remem∣bers very well, he desired to be excused from medling with it; for having the Honor at that time to be the Kings Lieutenant of the County; be∣sides that, he was Lieutenant-General of the Army, and having some poor share there, though not so great as other men, he thought it very strange, that when the King had appointed them on Tuesday to meet to∣gether, and advise how his service might be complyed with, they should at a private meeting after Supper, resolve of this Petition, and never make him so much as acquainted with it; And where he was made so great a stranger in the beginning of the business, he appeals to their Lordships whether he had reason to be over officious, to serve them in the conclu∣sion.

He acknowledges the Petition was delivered him, and on the reading of it, when he heard that clause, of moving the King for a Parliament, he disadvised it, and desired to be excused concerning it, not so fitting at that time, nor for them on such an occasion: and therefore it might be left out, or a course taken to deliver it by some other hand than his; and he trusts it is no offence, for which he is any way punishable, to reserve that Christian Liberty in his own opinion, that he sees cause for, when it may be done without breach of any Law penal, or good manners, his Li∣berty being as free then to himself, as to them. But it was not out of any unwillingness the Parliament should be called; upon which they should pinch him; and make their Lordships and the Gentlemen think him averse from Parliaments, for he did tell them at that time, he was con∣fident there would be a Parliament; and that on the coming together of the Great Council of the Peers, he did conceive His Majesty would be pleased to call a Parliament; and that their Petition would neither further nor hinder it, and therefore it might be forborn, and the King left in his Acts of Grace to his People, that he might have all the Honor of it to him∣self; and that it should rise out of his Own Goodness, and Royal Breast, not as advised to it on the desire of any body else; and therefore he thought not fit that that should be put into the Petition, not out of a desire to avoid Parliaments; for it is well enough known, (and if need were) he could justify himself in it, that no poor servant the King had, was more forward, nor ready, nor willing to advise the calling of this Parliament, than he was: but he shall ever conceive it fit in this case, to reserve the Honor of the Kings Grace and Favour, as much as may be to himself, and not direct it to any other hand whatsoever, and did then (as always) as much as he could, apply the thanks of the People to the King his Master, and assume nothing to himself.

But this he conceives no crime, and therefore he shall not need to trou∣ble their Lordships with proof of it, there being 20 Gentlemen in the room (he dares say) that will justifie him in this particular.

They come then and speak of a second message, to have been delivered by him to His Majesty at York; hereby he is charged to have imposed a Tax without lawful Warrant; he humbly affirms, and trusts, he shall ma∣nifestly prove it, that the thing was yielded to by their own universal

Assent, and that it was levied by their own voluntary Will; and that there was nothing of force from the beginning to the ending of the busi∣ness; for if he had dealt in that manner, he had been much to blame, tho as he stood then qualified, he thinks himself not punishable for it. On Debate of the business, not above three or four dissented, tho there were Two hundred present, they were perswaded and convinced, it was just and necessary to contribute, and most of them that did dissent, have been examined before their Lordships; but they did absolutely and to∣tally lay aside their Petition, and gave him Commission only in words, to signify to His Majesty, that they were most willing and ready to con∣tribute the pay of a Month, for maintainance of the Trained-Bands, and that he did faithfully deliver.

And whereas it is said they are Papists, he shall name persons as free from that Tax, as any men in the Shire, who did give their consent, and he named divers of them.

To prove that he did nothing by force, but by unanimous consent of all.

Sir Paul Neal was first called, and being Interrogated, Whether the Petition Signed by the Lord Wharton, and the rest, was not by the major of the Gentlemen there declined and laid aside?

He Answered, That he was amongst divers others, present at this meet∣ing * 15.14 in the Common-Hall, and on the first coming thither, this Pe∣tition was presented by my Lord Wharton in the name of the Gentlemen that had subscribed it; on the reading of the Petiti∣on, my Lord of Strafford did conceive, that the clause concern∣ing the desire of a Parliament was in it self superfluous, because the King had declared his intention to have one, if at the meet∣ing of their Lordships at York it should be desired; and there∣fore he desired the clause might be put out, and another Petiti∣on presented to the effect of the former, only the last clause omitted, and that might be verbally presented by some such man, as the major part of the company should choose, and on a long debate, it was concluded (to the best of his remembrance) by Vote, and the whole Vote of the company went, it should be delivered by my Lord of Strafford, according to the sub∣stance of the Petition, the last clause left out; and to the ne∣gative part, there were some four or five, he dares confidently swear, not above halfe a score.

Being asked, what number there was of the company, that were willing to wave the Petition?

He Answered, That the Hall was very full; he cannot give account of a certain number, nor knew the subscription of the Petition, for till now he remembers not, that ever he heard the particu∣lar names read; but there was, he thinks 200 Gentlemen of se∣veral ranks.

Being asked whether it was not the voluntary consent of them all, that a months entertainment should be allowed the Trained Bands?

He Answered, That he conceives the consent was given no fuller nor larger, but just the same as in the Petition, saving that one clause.

Which Mr. Maynard observed, went not further than to promise an en∣deavor.

Sir Paul Neal being Interrogated, whether the Money was not volun∣tarily paid all over the Countrey, for the months entertainment, with force or violence?

He Answered, he can give no answer to that, having nothing to do in the Countrey as Deputy-Lieutenant, or Officer, and other than he heard by discourse, he cannot speak of his knowledge,

Being asked (on Mr. Glyns motion) Whether the major part of them that Signed the Petition, did wave it?

He Answered, That he conceives he gave an Answer to that before, for he remembers not, that till this day, he ever knew the names of the Gentlemen that subscribed it, but only an attestation, that about 100 had subscribed, and whether the major part of those were present, he doth not know.

Being asked (on my Lord of Straffords motion) Whether he did not know divers of them that Signed the Petition, declared themselves for the waving of it?

He Answered, He did not know who had Signed it, and who not, sa∣ving only some Gentlemen speaking in the debate, did declare, that they in particular had Signed it, and did recede from it.

Being asked what he meant when he said, that not above halfe a score went to the negative of the Message?

He Answered, That he meant it of them that were in the Hall.

Sir Edward Osborne was called to be a Witness for my Lord of Strafford, but Mr. Maynard excepted against his being examined, as being one of them that sent out the Warrant, for paying Money on pain of death, and as Sir William Pennyman would have declined answering any thing of his own Act, as concerning himself, so it was desired this Gentleman might not be examined to the justification of himself by saying, the Money was levied by consent.

But Sir Edward alledged to their Lordships, That there is particular complaint in the Petion against his Warrant, and therefore it was issued long before the Petition presented.

After some further debate, the Examination of him was resolved upon.

Sir Edward Osborne being Interrogated, Whether the major part of them that subscribed the Petition, and were present at the second meeting, did not decline the Petition?

He Answered, That he cannot say the major part of them that sub∣scribed the Petition, did dissent openly in the Hall, for he thinks many of them were gone out of Town, but he is sure, the * 15.15 major part there, nay all, but about Ten, did consent to the leaving out of the clause, touching the Parliament, and to a Months pay; and on that, it was humbly moved to my Lord (he cannot tell whether by himself the Examinant) that my Lord would do them the Honor, to represent their ready af∣fections to do the King that service, that he would be their Mouth, which accordingly his Lordship did, and they all at∣tended him when he delivered the Message; and he doth not remember there was above 4 or 5 Gentlemen, that opened their mouths against this consent, not in words, what their hearts were he cannot tell.

Being asked, Whether many that had subscribed the Petition, did not declare they would not wave it, and go the other way?

He Answered, There were some that did indeed, but he doth not know how many, Sir Edward Robinson in particular, and gave his reasons for it, Sir Richard Hutton and some others.

Being asked, how many Gentlemen he thinks were present at that meet∣ing?

He Answered, The Hall was very full, and there were Gentlemen, Free∣holders and others, to the number of 300, as near as he could imagine.

Being asked, Whether that was not the place and time appointed by the King, for the Countrey to meet and Treat about the business?

He Answered, Yes, it was so, by His Majesties special Command, the day before.

Being asked, whether my Lord of Strafford did not go to the Mannor, and many Gentlemen with him, and delivered their Message to the King faithfully and justly, as he had in Commission to do, and no otherwise?

He Answered, That according to their desire to his Lordship, he went presently to the Mannor; and they all attended him, but he could not hear the Message delivered, the croud was so great.

Being asked (on Mr. Maynards motion) whether there was any dif∣ference between the Message and Petition, but only the leaving out the last clause touching the Parliament?

He Answered, Truly No, but the principal things he took notice of, was a Months pay.

Being asked (on Mr. Palmers motion) of what quality they were that were in the Hall, whether not some that came to gaze only, and not prosecute the matter of the Petition?

He Answered, That it is impossible for him to see through the bodies of men; but there were not many of inferior quality that he knew; but had he time to do it, they should make a Catalogue of as many Gentlemen and Freeholders, as set their Hand to the Petition: but he cannot see in such a room as this, whether there be Serving-men, or Aprentizes in a croud.

To which Mr. Maynard answered, much less can he hear it. * 15.16

Sir William Pennyman Interrogated, whether the Petition deliver'd by my Lord Wharton, was by the major part of the Gentlemen that met, ac∣cording to the Kings appointment, at the place proper for the business, decli∣ned? And whether they did not declare their consent to a Months pay, and that my Lord of Strafford should deliver the Message by word of mouth?

He Answered, That the major part did decline the delivery of the Pe∣tition, * 15.17 and it was done upon a Vote, there being some difference of opinion, and he thinks truly, according to his conjecture, there were 200 voices at the least, to three or four. Happily some others tacitly might be of another opinion, but there was to his best remembrance, three or four voted against it.

Being asked, whether divers that Signed it, did not decline it?

He Answered, That divers that set their Hands to the Petition did retract it, whereof he himself was one, and divers other Mem∣bers of the House, whom he offered to name, if their Lord∣ships required it, but that their Lordships did not think fit to direct.

Being asked, Whether my Lord of Strafford did not faithfully and rightfully present to His Majesty, the Message, he was intrusted with?

He Answered, That he was one of them that went with my Lord, but was in the same condition with Sir Edward Osborne, for the crowd was so great that he could not come to hear.

Where my Lord of Strafford desired their Lordships to take notice, that * 15.18 it was not in a corner when Gentlemen of their Quality could not come near.

Being asked (on Mr. Maynards motion) Whether there was to be any difference, between what was to be delivered to the King, and that contained in the Petition, the last Clause excepted?

He Answered, That he conceives nothing was to be omitted, but only that of the Parliament.

Being asked (on the Lord Whartons motion) Whether he and another * 15.19

had not Commission, to acquaint my Lord of Strafford from them that had subscribed the Petition, that they had a Petition to be deliver'd his Lordship for His Majesty, and whether he brought not word back again, that they should wait on his Lordship with the Petition on Saturday, at * 15.20 One or Two of the clock, and at his Lordships own house, and whether they did not accordingly wait on him?

He Answered, That he did, and they did come, and it was purposely, * 15.21 that they might most of them goe to the Hall, not to make my Lords House a place of his debate.

Being asked, whether he was not directed to acquaint my Lord of Straf∣ford with the Petition, and whether he brought back word about the time of attending?

He Answered, It is true he did, but he knows not whether he brought it on a Message from my Lord.

Being urged to Answer that positively, Whether he brought it as a Mes∣sage from my Lord.

He Answered, That it may very well be he did, he thinks he did; but he added, in effect his desire was to know, what the Question tended to.

Mr. Maynard thereupon desired of their Lordships, that a Wit∣ness * 15.22 at the Bar might not demand the meaning of a Question, before he answers to the truth of it.

And Mr. Glyn observed, that my Lord of Strafford had several times * 15.23 besought, he might go on quietly with his Evidence, and they hope their Lordships will justify them, that they have behaved themselves as men intrusted by the House of Commons, and that their Lordships will not suf∣fer this Language to be used. They must demand Justice.

And Mr. Maynard added, that they desire only that the Witness may * 15.24 readily answer to the Question propounded, and not advise, what may be the consequence, or enquire the intention of them, for they are to speak only the truth.

But my Lord of Strafford conceived it a very fitting Question for the * 15.25 Witness, to desire to understand the Question before he an∣swers it, and that's all he doth, as he conceives.

Being required to answer positively, whether he brought that Message from my Lord of Strafford, touching the time of delivering the Petit∣on?

He Answered, That he did. * 15.26

My Lord of Strafford here offered to their Lordships, that he con∣ceives this Question not material to him, he was then extream sick,

and in his sick Bed, when he should send this Message; and that tru∣ly, he was never in such height of incivility towards any man alive of a far meaner Quality than my Lord Wharton, as to send them word, they should attend him at such an hour, he knows what belongs to my Lord Wharton, and what to himself, much better, than to send for, or expect any attendance from his Lordship.

Sir William Savill being Interrogated, whether the Petition Signed as aforesaid, was not absolutely by the major part of them in the Hall declined, and voted, that it should not be delivered?

He Answered, That he was there, and by the major part of the * 15.27 Gentlemen present, it was delivered, and consented, that my Lord should deliver the substance of the Petition to the King, by word of mouth, saving the last Clause concerning the Parliament.

Being asked, Whether there were not divers that Signed it, who did afterwards retract it? And whether himself did not?

He Answered there were, and that he himself Signed the former Pe∣tition, and then it came to be disputed before them, whe∣ther they should retract it or no? he was against the retract∣ing of it, and many delivered Votes against it, under 10 he believes, and for his own part he said nothing to it; but it was carried so clearly by the opinion of them present, that he went along with a great number of Gentlemen, that went with my Lord to the King, and he heard my Lord faithfully deli∣ver the substance of the Petition in every thing, and with more advantage to them than the Petition was drawn, except the business of the Parliament.

Being asked, whether part of it was not the consent to a months pay of the Trained Bands?

He Answered, That he verily believes it was the intention of them all, that a months pay should be paid to the Soldiers of the Countrey, and the months pay was paid.

Being asked, Whether it was not willingly and voluntarily paid in e∣very place without constraint, to his knowledge?

He Answered, That in that part where he lived, no body denyed whatsoever was asked, so there was no pressing of any body to pay a penny, nor complaint of any body for want of Money.

Sir William Pennyman being asked to the said last point? * 15.28

He Answered, That it was with a agreat deal of alacrity and cherfulness, and he heard no man repine at it, then nor since.

Sir Edward Osborne Interrogated to that Point?

Answered, He never knew of any forcible course to make men pay it, * 15.29 but it was freely paid.

Sir William Savill being Interrogated, How many of them that set their hands to the Petition, did Vote against it?

He Answered, That there were of them that set their hands to the * 15.30 Petition 10, who did vote the retraction of it, and he named Sir Francis Worteley, Sir Thomas Danby, Sir George Wentworth of Wol∣ley (as he thinks) and Sir Edward Rhodes.

Sir Edward Rhodes Interrogated, Whether the Country did intrust my Lord of Strafford, to deliver a Message to His Majesty, declaring their con∣sent to a Moneths pay, &c.

He Answer'd, That after long debate, Whether the Petition should * 15.31 be presented or no? it was by plurality of voices, declined and waved; and, it was moved to my Lord, that he should present the Requests of the Gentlemen then met, or the plurality of them to His Majesty to this purpose, That having demanded two Moneths pay, the Gentlemen of the Country made that request to my Lord, humbly to beseech His Majesty to accept of one Moneths pay, which his Lordship did, and His Majesty was gra∣ciously pleased to accept of it, having formerly given them en∣couragement for the abatement of 4000 men of the Trained Bands after those Troubles were past; and, if any Gentleman suffered in that Service, there should be no benefit taken of his Ward∣ship, and when my Lord presented the desire of the Gentlemen to His Majesty, He was pleased, in stead of taking of 4000, to promise to reduce the Trained-Bands to 6000.

Being Asked what number of Gentlemen were in the Hall? and, Whe∣ther that was not the place appointed for the County, to Consult about the business?

He Answered, That he thinks that there was 300 at the least, of the one and the other; and for the place and time, it was both the place and time, and that was an Exception my Lord of Strafford took, but he was not fairly dealt withal, that in regard His Majesty gave direction, that at such a time, and such a place, my Lord President (by that name His Majesty was pleased to call him) and the Gentlemen of the Countrey should consider the business; my Lord thought much a Petition should be drawn without his Consent, and that the business should be Concluded before the time, and from the place of debate.

Being Asked, How many dissented from this Court?

He Answered, He thinks not above 20, if there were so many.

Being Asked, Whether diverse that signed the Petition, did not retract it? and, amongst the rest, himself?

He Answered, Diverse did retract it; and, himself gave his voice for the waving of it: but, he cannot say he retracted it, for his hand was not to the Petition.

Being Asked, Whether my Lord of Strafford had not Commission from the County, to offer a full moneths pay of the Trained-Bands?

He Answered, It was the desire of the Country, That his Lordship would be pleased to entreat His Majesty, to accept of a moneths pay, being desired by the King.

Being Asked, Whether they were not willing to pay it in that part of the Country, where he lives?

He Answered, That where he served as Deputy-Lieutenant, he knows not of one man that Complained, or shew'd unwillingness, or any difference, but only in the proportion between man and man.

Being Asked, Whether my Lord of Strafford did not faithfully relate the Message to the King, according to the Commission the Country gave him?

He Answered, That he conceives he did it most faithfully, and with great advantage to the Country.

Sir Tho. Danby being Interrogated to the matter of the Petition, and the declining of it; the Consenting of a Moneths pay; the Cheerfulness in pay∣ing of it.

He Answered. * 15.32

That the Petition was delivered. That the Money was paid with a great deal of cheerfulness. That they were content to come to a Moneths pay. That he heard of no man that declared to deny it.

Being Asked (on Mr. Maynards motion) Whether any other di∣rection was given for the Message, besides the Petition, the last clause ex∣cepted?

He Answered, That one taken off, my Lord was to deliver the Sub∣stance of the Petition.

Being Asked (on Mr. Maynards motion) Whether there were not two Trained-Soldiers hang'd up, for Mutyning for want of Pay?

Mr. Maynard thence observing, That if they had been well paid, there * 15.33 had been no want of it.

He Answered, That he cannot Answer to that without some preju∣dice to himself; he being question'd for hanging men by Marti∣al-Law.

Sir George Wentworth of Wolley being Interrogated, Whether he was not present at the Hall, where the Petition was spoke of? and, Whether a moneths pay was not consented to?

He Answered, He was present, and the Petition was declined by the Major number; there was a great number in the Hall, and my * 15.34 Lord delivered it accordingly to the King. He was present when he presented all the grievances exprest in the Petition, and left out only that part concerning the Parliament.

Being Asked, Whether my Lord of Strafford had authority to acquaint the King, There should be a Moneths pay?

He Answered, Yes: and, the place of Debating was the Common-Hall; and, diverse that signed the former Petition, did retract it, and himself was one of them.

Being Asked, Whether the Money was not paid willingly by every man, without Force and Constraint?

He Answered, That he was a Collonel, and it was paid him very well.

The next thing my Lord of Strafford observed, was, concerning a War∣rant * 15.35 alleadged to be given out by him, for levying of a Fortnights pay to the Two Regiments of Sir William Pennyman, and Sir Tho. Danby. If in any thing in his Answer he be mistaken, he had rather submit it than dis∣pute it; and, if it please their Lordships to favour him so far, he will, as near as he can, tell every thing that passed; and, he hopes, diverse of their Lordships will remember a great part of it.

It is very true, before this moneth was ended, (he is sure within it) the King Licensed all the Trained-Bands to go home again, save the two Regi∣ments, one for Richmondshire, and the other for Cleaveland, which, by His Majesties express Command, and Council of War, were required, one to remain at Yaram, the other in Richmondshire, to preserve them from those of the other side.

Sir William Pennyman and some others finding, that by this means these Regiments continuing in pay, fell to be grievous to that part of the Hun∣dred; Those two Hundreds, or Weapontakes acquainted him (the Earl of Strafford) with it, out of no particular end in the World, but that with Equality and Justice in that common misfortune, they might all bear the Common Burden.

Divers of their Lordships being there at Rippon, he did humbly present to the King, before the Great Council of my Lords at Yorke, That he con∣ceived if the whole-Charge of those two Regiments should lie on those two Hundreds, it would impoverish and undoe them; and therefore he conceived it Justice and Reason, that the rest of the County should con∣tribute towards the Charge (the benefit being common to all) or else they

should successively relieve those Regiments, that the burden of all might lie equal on all.

This was his intention, and he hopes it was fair, and if not as it ought to be, yet it was done with a very good heart, and justly intended: This he moving at that time, His Majesty was pleased to assent to it, and lik'd it very well, and gave direction he should proceed; whereupon he said, Then if my Lords approve of it, he shall see it done accordingly. There were diverse of the Lords then said yes; and thereupon he took it for granted, that it was their Consent.

If in this he did mistake, of their Lordships, he humbly craves their pardon, it being far from him to prejudice any man living in that relati∣on, and, that it was so, he thinks a Noble Peer, then present, (viz. my Lord of St. Albanes) will remember, that diverse on the Motion did say, yes; and thereupon he took it to be a thing granted.

And, that as my Lord of St. Albanes, who being gone home indisposed in his health, my Lord of Strafford desired he might reserve himself the be∣nefit of his Examination, if he shall see cause, though he hopes there will be no need of it.

After this, he understanding that some of their Lordships at Rippon were not satisfied, because the Great Council was named for the Author of the Warrant; the very last day the Great Council sate at Yorke (their Lord∣ships being then come back from Rippon) he moved it to the King, and gave the same Relation there, that he makes here before their Lordships, desiring to know their pleasure, whether the Warrant should be recalled or no? for he could then easily do it: Nothing being done upon it. Un∣der favour, some of their Lordships said, The Great Council had no power to levy Money; To which he Answered, That the Warrant was not to levy Money, but that the parties concerned should do their duties themselves, or otherwise pay the Money. At that time it pleased His Ma∣jesty to Command him to go on; and, after the King had spoken, no man spake to the contrary, and so the Warrant was not recalled; but, the Moneys were paid voluntarily, no force or constraint being put upon any, but they took it as a great benefit that they had that favour, as for his part he conceived it was: And, all himself got by it, was, That, by this means himself, and all his Tenants, and those that had relation to him, came to pay their proportionable shares, which otherwise should not have paid a Farthing, (for they were at a great distance in the West-riding) and they paid it voluntarily, and willingly; and, when he spake with the Deputy-Lieutenants, they all conceived it a benefit, and advantage to the Coun∣try; and, it was done with their Consent, and a great Ease, and a Burden to no man,

So he acknowledges such a Warrant was granted, but nothing of force or constraint,

Mr. Ro. Strickland Interrogated, Whether he conceived not this a * 15.36 great ease to the Country, thus to lay the last Fortnights Pay for the two Regiments? And stood with his Advise, and the Advise of his Lieute∣nants?

He Answered, That it was very well paid for any thing he knows, but the most part of it, if it was paid, was paid after he came to London. But, he conceives, that if those Regiments must stand, or the other March up to their Reliefe, it was for the ease of

the Country, and so he conceived then, otherwise he should not have subscribed the Warrant: and, it had laid heavy on those Divisions, where the two Regiments of Sir William Pennyman, and Sir Thomas Danby lay, who had been undone by it; It was done meerly for their Relief, without any ill intent whatsoever.

Sir Edward Osborne Interrogated, What he thinks of the Course? * 15.37 and, Whether he consented not to it, as a very great Advan∣tage?

He Answered, The Question being propounded by my Lord Lieute∣nant to the Deputy Lieutenants, Whether two Regiments that lived on the place, the Frontier of the North-Riding, should be paid by the Countries Contributing, or their Charge, or the Country to send their Regiments for relief of these two; they conceived it was a mighty ease and benefit to the Country to pay the two Regiments, and the rest of the Trained-Bands con∣tinue; For, some of them must March 70 miles in way, and 70 miles backwards, and, some of them that lay there, never stirred out of their own Towns: and therefore they were of opinion, It was a marvellous ease.

Being Asked, Whether this Fortnights Pay was voluntarily paid in the Parts where he lived? and, Whether Force was used?

He Answered, He lived at York altogether, and cannot tell: But, some Officers asking, What they should do for the Moneys that are behind for relief of the two Regiments? my Lord Answered, That which will be willingly and freely paid, you must take it; that which will not, you must let it alone: and, this was four or five dayes before my Lord of Strafford came from York.

Sir William Pennyman being Interrogated, touching the Convenience and * 15.38 Ease of this Course?

He Answered, That he conceives it very easie and advantagious, for else some of the Regiments must have marched 70 miles, and it would have taken up a great part of the Charge, in the very March.

My Lord of Strafford added, That he would prove it by all the De∣puty * 15.39 Lieutenants that were there, that no Force or Constraint was put upon any man by him, nor is there any proofes to prove Force: There be onely two things insisted on; One is the Warrant of Sir Edward Osborne, that they should pay Money on peril of their Lives; He denies that he signed any such Warrant; and, he is sure there is none under his hand: If they have it to show, he desires they would shew it; if they do not, then their Lordships Judgments will acquit him of it. The other is Sergeant Major Yowards Warrant, and a fellow that tells a Tale of Muskiteers, and sayes, there was a Warrant of his; But, he sayes, he made no such Warrant; he gave no direction for it; neither is there any such Warrant shown; and, he trusts, that will acquit him of that too: And, if there be any thing of Crime in the business, it must be, that they have been constrained

by force, to pay the Moneys; for, if it be voluntarily offered to take or leave, this can be no Crime; and, that there was any force, or any War∣rant issued by him, he denies: And, by this time, he thinks he hath clear∣ed himself against all the matters charged in this Article.

But, he conceives, he hath done nothing, but that he had Commission and power to do, though he never had acquainted the Great Council with it under favour: It is true, he was alwayes desirous, to have the assist∣ance of Men wiser than himself; and, when there was means or opportuni∣ty to gain it, he took it: But, if he had been in Yorkshire all alone, having the Power and Commission he then had (though His Majesty and their Lordships had not been there) he conceives he might have Justified the doing of as much, as he hath done in this Parliament; his Commission under the Seal of my Lord Admiral being in effect,

FOr the better Execution of this our Commission, we do further give and grant to you full Power and Authority, from time to time, and at all times at your discretion, to command, and require of and from all our Lieutenants, and Deputy-Lieutenants in our seve∣ral Counties of this our Realm and Dominion of Wales, and of and from every, or any of them, to send to you, or such place as you shall appoint, such number of able Men for the War, as well Horsemen as Footmen, in the said Counties respectively, or otherwise, sufficiently Armed and Furnished, as you in your discretion shall appoint and require.

And, he did not send them to pay any Money, but to relieve by turnes, Regiment after Regiment; and, if they found it for their ease, they might be at the Charge, else do the Duty required, which, by the Common Al∣legiance, every man is bound to do. Say then he had committed an Er∣ror, he had rather confess than justifie it, as long as it is not brought to him as a Crime.

But, there is another clause, according to the Statute of 11 H. 7. viz.

ANd further, our pleasure is, and we do give and grant for us, our heirs and successors, that whatsoever you, or any other person, or persons of what degree soever, by your Commission, War∣rant, or Command shall do, by vertue of this our Commission, or Let∣ters Patents, or according to the Instructions aforesaid, or the pur∣port of this our Commission, touching the Execution of the premises, both you, and the said persons, in shewing forth these our Letters∣patents, or the Constat, or Inrollment thereof, shall be discharged and acquitted against us, our heires and successors, and freed from all Impeachment, and other molestation for the same.

He did this without sinister ends, or by-respects; and therefore if he did any way err, by His Majesties own gracious clause, he is to be excused; And, it is pursuing to the Statute of 11 H. 7. c. 1. where the Preamble is very observable.

THe King, our Soveraign Lord, recalling to his Remembrance the Duty and Allegiance of His Subjects, and that they, by rea∣son of the same, are bound to serve the King for the time to come in His Wars, against every Rebellion, and Power, and Might, &c. and whatsoever falls against the mind of the Prince; and, that it is a∣gainst all Law, Reason and Conscience, that attending His Person, or being in other places of His Command, any should lose or forfeit for doing their true Service and Obedience. Be it therefore Enact∣ed, &c. That from henceforth, no manner of Person, or persons whatsoever, that attends the King in His Person, and do Him true Allegiance in His Person, or be in other places in His Wars, for the said Deed, or true Duty, he and they shall be any way convict∣ed, and Attainted of Treason, nor of any other Offence by any Pro∣cess of Law, whereby he shall forfeit Lands, Goods, Tenements, &c. and shall be for that Deed and Service utterly discharged of any Vexation, &c.

So that he conceives he hath done nothing, but what may receive a fair and equal interpretation; what he hath done, he hath done very candid∣ly, and clearly, for the good of His Masters Service, and preservation of the Country; and he hath done nothing violently, or deliberately, to force Men to do things, that may any way trench on the Propriety or Liberty of the Subject: and, whatsoever evil he may have committed in this, he hopes, by the Act of Parliament, and by the words of the Commission read, he shall stand before their Lordships (in point of Justice, and Noble Compassion to a Man that may erre) Acquitted from any part of that Charge, that may accuse him of High Treason.

Onely one thing he hath omitted, and that is the Testimony of Sir William Ingram, where he Charges me with saying, The refusers to pay the Money are in little better condition, than guilty of High Treason. But he is a single Testimony; and he sayes, That clearly underfavour it is no mean offence for any Man, to deny the Common Allegiance due to the King, for Defence of His VVars: But, the words are testified to be spoken on∣ly to one Man, and he is not Accomptable to him, nor to their Lordships, for that, he being but a single Testimony.

Mr. Maynard began to Reply to the said Defence in substance, * 15.40 as followeth.

That whereas my Lord sayes, They have urged much that, which was not Charged; his Lordship hath Answered, that which was not Object∣ed as a Charge: for, the greatest part of the time he hath spent in exa∣mining so many VVitnesses, is, to shew on what grounds the first Petition was deserted, and a Message put on his Lordship to deliver to the King: The Petition was not offered to him as a matter of Charge, but it is charged up∣on him, that he procured to levy and impole Money upon the Country by force, without a legal VVarrant, and, by way of excuse, in his Answer, he sets forth, that the Country did yield to it by their Unanimous consent. To that purpose it was objected to him, Not that the delivery of the Message was a Crime (and therefore he might have spared this labour to Answer it, as to that purpose)

But, as himself states the Case, he hath much encreased, rather then di∣minished his Fault; for, he said, There was a Consent; yet, it appears, there were but 109 principal Gentlemen parties in the first Petition, and he encounters these to 200 met together; the greater part of whom con∣senting, and 100 of them that had subscribed, and about 5 dissenting, they resolve of a Message to be delivered touching consent; But, they have proved, not only a Leavy for the first moneth, but much more; though when the Gentry met together, and consented to a Petition, it is no desertion of that Petition, because 10 of 109 deserted, especially when they had a Message from my Lord to meet about it, and, relying up∣on it, went into the Country: besides, 200 Gentlemen Freeholders, and others, could not lay a Charge on the rest of the Country, nor bind them that had dissented before, and whose consent was not involved; and, it is no legal way to raise Money by Warrant, much less by Force.

For the Money levyed after the Moneth expired, my Lord hath offer∣ed no Colour to their Lordships; for first, the ground whereupon he raised it, was contrary to that which was the truth, viz. the Consent of the Lords of the Great Council; whereas it appear'd, and shall appear further, there was no such Consent.

My Lord of Strafford would next justifie it by a Commission, but that doth only require people, according to their Allegiance, to give attend∣ance; and, this is turned into a matter of laying of Money: for, the first point of the Warrant is, to pay the Money Assessed, and, if they will not, they shall attend, so that what is matter of service is turned out of its Course, and this is a high abuse of his power, which makes that matter of Money, which should be matter of Service; and, by this meanes, awes men to pay money.

The Country, on demand of His Majesty, did consent to a Moneths pay, but, my Lord, without their consent, extends it beyond, and pretends an Order (to say no more of it) when there was no such thing, to draw some Deputy-Lieutenants together, and, when they are drawn, to make an Or∣der, this must be his Justification of that which is unduely done: And, this is far from the mitigation of an Offence. To do an unjust Act is one thing, but, it is a great aggravation when it is drawn by pretence of an au∣thority which never was.

On 27 October, the self same day Sir Iohn Burroughs spake of notice taken by their Lordships, disclayming the Order for a Warrant; And then my Lord acknowledged it to be an Error; and, it is doubtful, whether he would have acknowleged it to be so, if it had not been proved so.

My Lords Commission speaks not of Money, and the Statute makes not to this Case, it being only, That when men are on their Allegiance, doing the King faithful service, they should not be attainted of High-Treason for doing their duty; And, the Interpretation his Lordship puts on it, is, that the duty of the Subject cannot be done to the King, without levying mo∣ney in an unlawful way; if the levying of Money, or the Imposing of Charges be matter of duty, then he gives a Justification of the Charge: And, whereas he sayes, though he had not had command from His Majesty, nor Order from the Council of Peers, he had power enough to do that which he did; it is to be observed, that my Lord did not require men first to serve, but first to pay money; and if they paid not, then he Menaces them, that they should serve, as appears by Sir William Pennymans Warrant, and therefore the Warrant might be observed, which Sir William Pennyman justifies

so unwillingly, though in other things he be very forward; and for a man to be required to pay Money, and if he will not pay it, then to perform ser∣vice, is hard; for now he comes not on the Kings service, but on the displeasure of them that require Money from him, and that's a bad dis∣couragement to them that serve.

And whereas my Lord sayes, nothing is proved, or but by single proof, their Lordships may be pleased to remember, what is proved by Sir Hen∣ry Griffin, That my Lord said, That Money should be levied, and he would take a course for it, and the same Gentlemen deposes, that the Warrant or Order was under my Lord Straffords hand, which was the Warrant for them to pay Money.

It is likewise proved by Sir William Ingram, that he said the private men must maintain after 1 d. per day, and gave out his Command to the Constables, and he would have all men know, that those that refused it, were in a little better condition than High Treason, so that to the first part, there is more than a single Testimony. The latter part shall be proved by an other.

Mr. Henry Cholmley being Interrogated, What he heard my Lord of Strafford speak, concerning Treason, in case men pay not that Money, or to that effect?

He Answered, That he heard not any thing at all of Treason. Cconcern∣ing * 15.41 the not payment, Answered, That at York, at the Mannor-House my Lord of Strafford speaking of the raising of the Trained-Bands, said, we are all by Law tyed to serve the King in our own persons, and if any refuse, they are in little better case, than Treason (he cannot tell whether he said High Treason) and they might be severely punished in the Star-Chamhamber.

And, their Lordships may remember Mr. Cholmeleys former Testimony, that the Vice-President might, or shall send forth Warrants to levy Mo∣ney; And therefore these Gentlemens Testimonies stand without impeach∣ment of that point.

My Lord sayes, Moneys were not levyed by force; yet it was proved, that for these two Regiments Money was levyed by force; for, Four Sol∣diers came to the Town, and went with the Constables.

But, he sayes, it concerns not him, for no Warrant of his was shown. Their Lordships will not expect, that my Lord of Strafford should give particular Warrants to every Officer; his Direction is proved in general; his Commands are conveyed and distributed by particular Ministers; The Captains look for Commands from them that are above them; and they from the Lieutenant-General: And, Sir William Pennyman conceives, the Warrant made out by the Vice-President, was by a Warrant from my Lord of Strafford, or he had my Lord of Straffords Command. So that, take that which is under Hand and Seal; take what Sir William Pennyman, take what Mr. Cholmeley hath spoken, it cannot be otherwise, but it was done by my Lord of Straffords Command, and that is sure without legal Autho∣rity: and so Mr. Maynard conceived they had made a full proof of this Article.

For that which concernes the Great Council, he desired my Lords An∣swer might be read; where he sayes expresly, It was done by order of the Lords of the Great Council; And, Mr. Maynard humbly prayed, that some of the Lords of the Great Council, might declare the Truth in that Case.

But, my Lord of Strafford Answered, That he confessed it here at the * 15.42 Barr, that it is so; and, must humbly put their Lordships in mind, that in his Answer, he prayes, if any thing be mistaken, he may have time to amend it; and he doth amend it, he confesses it was put in too strong∣ly.

Mr. Glyn added, That they put their Lordships in mind of it, that it * 15.43 may not be forgotten; After his Lordship was put in mind of it by the Lords of the Great Council, he retracts it; yet, when he comes to An∣swer, he affirms it; therefore they think it necessary, to put their Lord∣ships in mind of it, least he affirm it again.

Mr. Whitlock observed, That my Lord of Strafford had made Justifica∣tion * 15.44 of his Act here; and truely, the opinions which he hath here pub∣lished and declared in the face of the Parliament, are sufficient grounds of Condemnation of him.

He said, the other day, That in case of necessity, the King was loose and absolved, from all Rules of Government; and that then Money might be levied by Force; and, that their Lordships very well remembers what that necessity was, indeed no necessity at all. But, whatsoever the necessity is, they know no such Tenent as my Lord of Strafford publishes: But, it is expresly against the Fundamental Lawes of the Kingdom, and a meer Course for his bringing in an Arbitrary Power.

His Lordship said, That as he stood qualified, he might justifie as much as he hath done; Which words are little less than the offence wherewith he is charged, and prove the Charge. For him to say, That as he was then qualified, because he was Lieutenant General of the Army, he might send his Warrants to Tax the Kings Subjects without Parliament, is, to take on him the Power of a Parliament; for, under favour, no such Tax can be made without assent in Parliament: So that what my Lord of Strafford hath declared as a ground of his Defence, is a good ground of his Condemnation.

My Lord of Strafford did here desire liberty to speak to the Testimony of Mr. Cholmley, which is new matter; and, he besought their Lordships * 15.45 to observe, That he did not say, as Sir William Ingram, That the Money should be paid, and he that paid not the Money, should be in little bet∣ter condition, then High Treason; But, he that denies his Allegiance to the King, to go with Him in His Wars, in Defence of the Realm, is little better than guilty of Treason, or is Fineable in the Star-Chamber: But, be∣cause these are tender Points, and he little understands them, and they take hold of all that falls from him, he shall say no more, but that the Testimony of the one and the other, are two several things.

And, his Lordship proceeded to speak something touching Sir William Ingrams Testimony, which Mr. Glyn interposed, and said, Thats no new

matter, but it only arises out of his Answer, and therefore he desired no more might be said to that.

He proceeded to other matters contained in the Reply, and offered to their Lordships, That it had been said, he did publiquely justify at the Bar, that he had power to lay Taxes, and to force payment; but he said, under favour, no such thing; but that he having the Kings Commission and Power to call in such, as he should think fit to serve the King, for defence of the Realm, and this being pursuant to the Act of Parliament of 11 H. 7. he said, he might justify (as he conceives) the calling of the Regiments to relieve by turns one another, as there should be occasion; but to say, he had power to Tax what he pleased, God forbid, he should say or think such a thing. He is not the wisest man in the world, yet not so ig∣norant, but to know that the one were a great breach, on the fundamen∣tal propriety and liberty of the Subject; but to call men to perform their Duty for preservation of the King and Kingdom, he conceives to be a quite different thing.

His Lordship proceeded to speak to some part of the Reply, concern∣ing his sending forth of Warrants to levy by force.

Which being excepted against, as new mattermy Lord of Strafford answer'd

That if he speaks new matter, it is sufficient punishment to him.

My Lord of Strafford proceeded, That he is charged to be the pro∣curer of Sir William Pennymans sending a Warrant to levy by force, whereas, he said, the Warrant was issued by him and the Deputy-Lieu∣tenants.

But that being denyed and apprehended to be new matter.

Mr. Whitlock desired to Reply to my Lord of Strafford's Answer, to * 15.46 what he had formerly opened, wherein he conceived he was not mista∣ken, but if he were, he submitted, but he opened it thus. That as my Lord of Strafford with the Power and Commission he had, he said, he might justify what he had done, and it proved that he sent Warrants to levy Money, and these Moneys were levyed by force.

Mr. Maynard added, That they are here for the King and Common∣wealth, * 15.47 and desired, that Right might be spared them, and that there might not be continual Replyes: That no colour of Answer is given; that because a man must serve in person, therefore Money must be requi∣red of him, else he must be brought by Head and Shoulders to serve in per∣son. They offered a Warrant made upon peril of Life, under the Hand and Seal of Sir Edward Osborne.

Whence Mr. Maynard observed, That there is Imprisonment; Levying of Money; charging upon pain of Life; levying of Goods: nothing can be put upon the Subject, but it hath been offered in this Case.

Mr. Glyn Summ'd up their Proofs, saying, Since my Lord of Strafford will have another Reply, they have produced their Proofs, That he * 15.48 hath levied War against the Kings Subjects, and did before declare

an Intention to levy Money, which was afterwards done by his directi∣on.

Sir William Pennyman proves, that Warrants were issued, and in such sort as mentions a coertion; They have in pursuance proved it to be levied by four Musquetiers, if he gave direction, another gave execution, and the parties Body must be carried away, if he pays not; which is a levying of War against the Kings Subjects: and Gogan 5 R. 2. was accused of Trea∣son, for forceing a man to enter into Bond, which is not so much as to force those payments on the Kings Subjects.

They produced Sir Edward Osborns Warrant attested by Mr. Cholmley to be the Original Warrant that he had from Mr. Vice-President, to send for the levying of the Money.

To the &c.

WHereas His Majesty is informed, that the Regiment under Command of Col. Cholmley is set forth with little Money, which expresses great disaffection to His Majesties service, and wil∣ful neglect of your own, and the whole Kingdoms safety; the Scotch Army having taken Newcastle, and being on their march towards these parts: These are therefore to Will and require you in His Ma∣jesties Name, and by His special Command, to raise, and cause to be raised by the Port Constable, or otherwise as you shall think best, the sum of 20s. 8d. at least for each common Soldiers belonging to such Towns or Parishes, and to send the same immediately to York, to be delivered to the Colonel, for Pay and Supply of the said Soldiers, and likewise to charge and command all and every person and persons, who find private Arms, or contribute thereunto, forthwith to send the like sum at least to York, to be disposed as aforesaid; And in case any of them refuse to contribute, you are required by like Com∣mand, to certify me the Names of such refusers, that a Messen∣ger may be sent to bring them hither to serve in person, and be se∣verely punished, according to the Quality of so high an offence, see∣ing the safety of His Majesties Person, and the safety of the King∣dom depends on this; Fail not in the speedy execution thereof, as you will answer to the contrary, on peril of your life.

Dated the last of August 1640.

Mr. Maynard desired their Lordships to observe the former Deposition * 16.1 that my Lord of Strafford should say, The Vice-President shall, or may send forth Warrants, and it is originally my Lord of Straffords fault.

And so they concluded the 27th Article.

Mr. Glyn did offer to their Lordships, that there is the 28th Article re∣maining, wherein, whether shall proceed or no, they have not yet resolved. * 16.2

But they desired another day to be heard, they having something more to say.

And so the Court was Adjourned, and the next day was appointed, a Etight of the clock.

A SUMMARY OF THE EVIDENCE Of my Lord of STRAFFORD.

April 12.

THis Day being appointed, for the Summing up of the Evidence formerly given on both sides, in the Cause concerning my Lord of Strafford; The Right Honou∣rable the Lord Steward spake in substance as follow∣eth.

My Lord of Strafford, I am Commanded by my Lords to let you know, that they do expect your Lordship will go on in the Order set, to sum up your Lordships Evidence; and, those Gentlemen of the House of Commons will likewise sum up theirs, for the Close of Proofes in Matter of Fact; and, that your Lordship do it with all Clearness and Succinctness, avoiding any thing that may give Impediment, to the Clear and Fair Proceeding of the Cause, which, for matter of Fact, is come to a Period.

My Lord of Strafford humbly desired, That he might clearly under∣stand what was expected in that case, and then he would perfectly obey my Lords in all things; adding, that he Conceives their Lordships inten∣tion is, that they shall go upon what hath been alleadged before their Lordships, without any new matter to be further alleadged on either side.

Whereunto my Lord Steward replyed, That if there be any new mat∣ter, God forbid but they might alledge it.

And, my Lord Strafford thereupon Answered, That he will offer no New Matter, unless it should arise from the other side; professing himself ready to be disposed of, in all Acts of Obedience to their Lordships. And then his Lordship proceeded to Recollect his Evidence in Substance, as followeth.

May it please your Lordships, it falls to my turn, by your Lordships leave and favour, to presume to put you in mind, and to represent to you, the Proofes, as they have been offered, which I shall do to the best of my Memory, with a great deale of Clearness. I shall desire to represent them neither better nor worse, then they are in themselves, and, I wish, the like Rule may be observed on the other side; For, in the proceeding of this Cause, I heard them alleadge, that, as they conceived, divers Articles were fully proved; Whence I conceive, there was nothing fully Pro∣ved.

My Lords, my Memory is weak, my health hath been impayred, and I have not had such quiet thoughts, as I desired to have had, in a busi∣ness of so great and weighty importance to me: And therefore I shall most humbly beseech your Lordships, that by your Wisdom, your Justice and Goodness, I may be so much bound to you, as to have my Infirmities sup∣plyed by your better Abilities, better Judgments, and better Memo∣ries.

My Lords, The Charge I am to Answer, is a Charge of High-Treason; and, that which makes it the most grievous of all, it is an Impeachment of Treason from the Honourable House of Commons: Were not that in the Case, my Lords, it would not press so heavy and sore upon me, as now it doth, having the Authority and Power of their Names upon it; Other∣wise, my Lords, the Innocency, and the Clearness of my own heart from so Foul a Crime, is such, that I must with Modesty say, if I had no other sin to answer for, it would be easily borne.

My Lords, as I went along Article by Article, These Gentlemen were pleased to say, They were no Treasons in themselves, but Conducing to the Proof of Treason: and, most of the Articles being gone over, they come to the Point at last. And hence, my Lords, I have all along watch∣ed, to see if that I could find that Poysoned Arrow, that should Inve∣nome all the rest; that Deadly Cup of Wine, that should intoxicate a few alledged Inconveniences, and Misdemeanors, to run them up to High Treason.

My Lords, I confess it seems very strange to me, that there being a spe∣cial difference between Misdemeanors, and between Felonies and Trea∣sons; How is it possible that ever Misdemeanors should make Felonies, or a hundred Felonies make a Treason? Or, that Misdemeanors should be made Accessaryes to Treason, where there is not a Principal in the Case? No Treason, I hope, shall be found in me, nor in any thing I hear to be charged, under favour, and not waved.

They say well, That if a man be taken threatning of a man to kill him, Conspiring his death, and with a Bloody Knife in his hand, these be great Arguments to convince a man of Murder. But then, under favour, the man must be killed; for, if the man be not killed, the murder is nothing. So, all these things that they would make conduce to Treason, unless some∣thing be Treasonable, under favour, they cannot be applyed to Trea∣son.

My Lords, I have learnt that in this Case, which I did not know be∣fore, that there be Treasons of two kinds; there be Statute-Treasons, there be Treasons at Common-Law, or Treasons Constructive and Arbi∣trary.

My Lords, These Constructive Treasons have been strangers in this Common-wealth a great while, and, I trust, shall be still, by your Lord∣ships Wisdom and Justice: But, as for Treasons in the Statute, I do, with all gladness and humility acknowledge your Lordships to be my Judges, and none but you, under favour, can be my Judges: His Majesty is above it, the King Condemns no Man: the great operation of His Scepter is Mercy; His Justice is dispensed by His Ministry; so He is no Judge in the Case (with Reverence be it spoken:) and likewise no Commoner can be Judge in the Case of Life and Death, under favour, in regard he is of a∣nother Body: So that, my Lords, I do acknowledge entirely, you are my Judges, and do, with all chearfulness in the World, submit my self unto you; thinking, that I have great cause to give God thanks, that I have you for my Judges, and, God be praised it is so; and, Celebrated be the Wisdom of our Ancestors that have so ordained it.

My Lords, I shall observe these Rules; First, I shall (as I hope) clear my self of Statute Treason, and then shall come to Constructive Treason, or Treason at the Common-Law.

The first point they Charge me withal of Treason, is upon the Fifteenth Article; Wherein neverthess, before I come to Answer the Particulars, I must humbly inform your Lordships, that, in that Article, two of the most material Charges are waved in the first part; that piece of the Charge that sounds so high, concerning a Miscarriage in me, in Levying Money upon the Towns of Baltemore, Bandenbridge, Talow, of that I hear nothing, and I shall mention it only thus farr, humbly to remember your Lordships, that, in that particular, I trust I have spoken nothing, that I should merit less belief of your Lordships: For my part, it is far from me, to put you upon any prejudice, by any means whatsoever; I look onely to the pre∣serving of my self, if it may be without prejudice and hurt to any living Soul.

Then they likewise wave another piece of the Charge, and that is, that I should, by force of Armes, dispossess divers persons in the Territory of Idengh; and well they may, for, in truth, there is nothing at all of it that I am to Answer, it being wholly done by the Order of Chancery, and I having no more to do with it, then any man that hears it: the Matter that stayes with me in this Article, is, the alleadged Warrant to Mr. Savill Ser∣geant at Armes, and the Execution of it, for that I shall humbly beseech your Lordships, I may mind you, with all humility, that that Warrant is not shewed; and, I do think, that my Lords the Judges do, in the Tryals before them, observe, that Deeds are to prove themselves in ordinary Try∣als

betwixt Men and Men; Now, how much more in a Tryal for life, and, which is more than that (though my Misfortune will have me to own it) in the Tryal of a Peer?

The Witnesses, my Lords, say, They have seen such a Warrant; But, no Witnesse sayes, he knowes it, and will Swear it to be my Hand and Seal; or, that I set my Hand or Seal to it; for, it may be Counterfeited, for any thing they know.

For, Mr. Savill, upon Oath, I thought (under Favour) he ought not to be admitted against me; for, he Swears directly to justifie himself: for if there be no such Warrant, he is answerable for the Fact, not I. But, my Lords, admit there were such a Warrant, I humbly conceive, I gave your Lordships a very clear and full Answer to it; I shewed you (and proved it, as I conceive) that the Sessing of Soldiers hath been a Coercive means used in Ireland alwayes, to enforce obedience to the Kings Authority; I proved it to have been used, to fetch in the Kings Rents of all kinds, Con∣tributions, Compositions, and Exchequer Rents; I proved it to have been used, to bring in Offenders and Rebels, and (as my Lord Ranalagh de∣poses) for any Unjustifiable Act. Sir Arthur Terringham, for a small Debt, which appears not to be the Kings Debt; My Lords, nothing at all is pro∣ved against it, but Negatively, the Witnesses say, they did not know such a thing, they had not heard the like; and, I think, none of your Lord∣ships had, before this Cause; and yet that thing might be too.

And, my Lords, I beseech your Lordships, How should it be not Treason, to Assess Soldiers for the Kings Debts, and yet the Assessing of Soldiers, on the Contempt of the Kings Authority, should be Treason? for certainly the Kings Authority is of far more Dignity, and more respect is to be had to it, then the getting of a few poor Debts; and, why it should be Treason in one Case, and not in another, methinks it is very strange.

My Lords, in the next place I conceive, that not in any Construction this can be said to be a Levying of War against the King and His People, be∣ing but the Imployment of two or three Soldiers, to procure obedience to His Majesties Government: because (as I conceive likewise) I had Com∣mission to make War as I saw Cause, for punishing the Rebels, and secu∣ring the Publick Peace; and therefore, How can I be charged with that I have power to do?

The worst that can be made of it, is, an absurd execution of a Power; but, to make it Treason, when I had Commission and Liberty so to do, methinks that is very hard: And, it was no absurd execution of a Power, under favour neither, when I had the Precedent of all the for∣mer Deputies and Lieutenants in the Case.

My Lords, it was never Complained of all the while I was there, for ought appears to your Lordships; so, that it seems there was no great In∣novation, nor Inconvenience, for, if there were, I should have heard of it.

But, the Statute 11 E. 1. ca. 7. sets a penalty upon any Subject, that shall Assess without the Deputies Authority. Now I do most humbly be∣seech your Lordships, that you would be pleased to remember that, and let me know how it should be but Penal in a Common person to do it, and yet Treason in a Deputy?

My Lords, I shall likewise humbly mind your Lordships for the Statute, or rather two Statutes, as I take it, whereby I conceive this Statute that made a Treason in Ireland was repealed; But, howsoever, the practice in all time hath gone quite contrary to that Statute, and the best Interpre∣tation of Law is the Practice of Law; and therefore the Practice having been otherwise, it is an Argument very strong and prevalent, that the De∣puty, as Chief Governor, was never intended to be Concluded within that Act, nor never to be brought in by General Words onely.

And, that this should be a Levying of War against the King, within the Statute of 25 E. 3. in England, surely I conceive it cannot be; for, the Burning of Towns, the Taking of Forts, Killing and Slaying, that I con∣ceive to be a Levying of War; but, this is a strange Levying of War, with two or three Soldiers to rest in Peace and Quietness, eating on Con∣temners onely (and not Killing and Slaying) and all to procure Obedi∣ence to the King, not in Disobedience to His Command. If to lie upon them and eate, be High-Treason, in this Case, What shall become of a great Company of good Fellowes, that at this time eate at the Charge of the Country?

No, my Lords; This, in the Case of a private Man, had been but a Forcible Entry, or a Ryot at the most, if a man had done the same thing Mr. Savil did of his own Authority, without the Deputy, it had been but a Force and Ryot; and, How shall this be in my Case High Trea∣son?

The next Charge, in that Case, is, concerning a Warrant to one Piggot, another Sergeant at Armes, and the great and crying Miscarriages and Mis∣imployments of such a War; if there had been any, it was when I (as your Lordships may please to remember) was out of Ireland, and that was the Case of Bern, a very Foule Misdemeanor, as it proved. But, my Lords, I being out of the Kingdom, and no such Warrant shown, I conceive I am absolutely dismissed as unto that, and have nothing to Answer for it: there was nothing done while I was in the Kingdom: there is no Warrant of mine shown: therefore, I conceive, I stand clear of that likewise.

But admit there were such a Warrant, the Answer goes to that as to the test; and certainly, I hope, will fully acquit me of this Fifteenth Article, as Treason; And so I must, in humility, submit to your Lordships wiser and better Judgments.

The next Statute Treason, is an Intendment, or Design, or what you will have it, for bringing over the Irish Army into this Kingdom, to reduce it, or to do I know not what, nor I think no body else, for there is no such thing.

But, my Lords, for proofe in this Case, you have two offered there, and no more, under favour, at all: the first proof is, the Fears and Doubts of my Lord Ranalaugh, that tells you, he Fears such a thing, and Doubts such a thing. My Lords, if Fears and Doubts may be sufficient to Condemn me for Treason, By my Faith, I fear, and doubt very much, these Fears and Doubts might Accuse me, and Condemn me of Treason more then once a Year; But, my Lords, his Fears and Doubts, he may keep to him∣self, I hope they shall not be brought any way to the prejudice of me; I am, I thank God, both confident and knowing, there is no such thing.

The next is the Testimony of Mr. Treasurer Vane; and, the Words Mr. Treasurer doth Witness against me in that particular, are, as I conceive,

these; that I should say to His Majesty, in an Argument concerning an Offensive or Defensive War with Scotland; Your Majesty hath tryed all wayes, and are refused, and, in this extream necessity, for the safety of the Kingdom, and Your People, You may imploy the Irish Army to reduce this Kingdom.

My Lords, To this I say, that (under favour) Mr. Treasurer was in this (methoughts) a little Dubious; he was something doubtful; for, at the first, he told your Lordships, he would deal plainly and clearly with you; that he knew before whom he spoke: and then, my Lords, it was but to the best of his Remembrance, that these, and these words were spoken. At the last, my Lords, being put to it more, he was pleased to say, that these were positively the words, or something to that effect: So, my Lords, here is but a dubious and uncertain Witness, under favour, and these Professions of his speaking clearly and plainly, and of his Con∣sideration before whom he was (which are something unusual Clauses to Men, that come to Swear upon Oath) make me conceive him something Dubious in this point.

Secondly, My Lords, he is a Single Witness, and not onely so, but, under favour, disavowed by all the rest that were present at the Council; my Lord of Northumberland remembred no such thing; my Lord Marquiss of Hamilton remembred no such thing; my Lord Treasurer remembred no such thing; my Lord Cottington is very well assured he said no such thing, for if he had he should have taken offence at it himself, which he never did.

My Lords, in the Third place, He is pleased to mention, That it was in a Debate, Whether an Offensive or Defensive War? and, that then I should say, The King had an Army in Ireland, &c. My Lords, It falls out in time, to be as I conceive, to be about the 5^th of May last, not many dayes sooner or later, the Army of Ireland was not raised till Iune following. So it seems, I should tell the King a great untruth; that he had an Army in Ire∣land, which he might imploy for His Service, before that Army was rais∣ed; for, it is a notorious thing, and any of that Country knows, that the Army was not raised till the Fifteenth of Iune, as I remember.

Lastly, In farther taking away of this Testimony, I have proved it, by a great many Witnesses, beyond all exception, that there was never any such intendment of the bringing this Army into England; nay, that the Design was quite otherwise; and this hath been apparently cleared before your Lordships, By the Testimony of my Lord of Northumberland, Mar∣quess of Hamilton, Sir Thomas Lucas, and Mr. Slingsby; And might have been further justify'd, by the Testimony of my Lord of Ormond President of Munster, and Sir Iohn Burlace, Master of the Ordnance in Ireland, if they had been here to have been produced: So that all these laid together, the strong and clear proof on my part, the producing of a single Witness which, by the Proviso of 1 Edw. 6. cannot rise in Judgment against any man for High-Treason. I trust, all these laid together, I shall appear to your Lordships clear and free from these two points, whereupon they en∣force me to be within the compass of Treason by the Statute alleadg∣ed.

The Third Treason that is laid to my Charge, is upon the 27^th Article, where Four Musquettiers being sent to Egton, by Sergeant Major Yawerth, to call for their Eight pence a day, is prest upon me, as a Levying of War upon the King and His People, and to be High-Treason upon the Statute of 25 E. 3.

These be wonderful Wars, if we have no greater Wars then such, as four men are able to raise, by the Grace of God we shall not sleep very unquiet∣ly. But, How do they prove this to be done by me? they produce to your Lordships the VVarrant of Sir William Pennyman; but, had no VVar∣rant at all of mine to shew.

Sir William Pennyman doth not alledge any VVarrant of mine to that purpose; he speaks of a General VVarrant, wherein I and the Deputy-Lieutenants joyne, for the paying of the Fortnights pay, as they call it, and that is very true; but, that I should give VVarrant to Levy by Sol∣diers, no such thing is proved; no such thing is shewed; no such thing is alleadged by Sir William Pennyman, that best knew it; and, should do it in his own Justification, if there were such a thing: but, on the other side, I must humbly beseech your Lordships, to mind you what a clear and full proofe I made thereof to you, till you were weary, though, I think, I could have continued it a year longer if need had been, that there was nothing done by me in the Levying of the first Months pay, or the second Fortnights pay, but with full consent of the Country, nothing being of Constraint, nothing being of force put upon them.

The Second point was a VVarrant shewed to your Lordships, or at least pretended from Sir Edward Osborne the Vice-President, wherein he charges them to obey and persue the substance and direction of his VVarrant, on pain of Death, and this must likewise be laid to me: My Lords, I confess I have faults enough, more then a good many, though I trust neither so crying nor grievous, as some would pretend them to be; but, Faults I have, more then too many, I need not take nor add to my self other Mens; but, whether this be a Fault or no, I cannot undertake to Judge. But certainly, I am in no Fault: for, I was at—when this VVarrant issued from Mr. Vice-President; and, I dare say, he is a Gentleman so wor∣thy and noble, and so great a Lover of Truth, that let him be examined upon Oath, if he shall not absolutely clear me from Privity or Direction of it, I so much rely on him, that I will be thought Guilty before your Lord∣ships for this Charge: Now, my Lords, having gone over all that first part, which I thought fit to apply my self to, and that is Statute-Treason, There is no Statute-Treasons in the whole Charge, nor colour or pretence thereof, save onely that of Newcastle which was waved.

In these, my Lords, I hope I am clear before your Lordships; and, sure I am, they give me little disquiet, for, in good faith, I am clear in my own poor Judgment.

Then comes in the second Condition of Treason in the charge, and that is Constructive-Treason; and, it is laid down in the first Article of the General Charge.

For, my Lords, I must tell you, the First Articles exhibited, are Grounds and Foundations whereupon the rest are gathered, and to which they re∣sort and apply themselves severally.

I do conceive my self, in a manner, by themselves, clear of seven of these, for, they have, in a manner, relinquished Five of them; So that the First Article is the main Article whereupon I must be touched, and that is laid in the Charge thus. That I have Trayterously endeavoured, to subvert the

Fundamental Lawes and Government of the Realmes of England and Ire∣land; and have, by Trayterous Words, Councils, and Actions, declared the same; and have advised His Majesty to Compel His Subjects, to submit thereunto by force.

My Lords, I must confess I have many times with my self considered with wonder, at the Wisdom of our Ancestors, that set the Pillars of this Monarchy with that singular Judgment and Providence, that I have ever observed, that so oft as either the Prerogative of the Crown, or Liberty of the Subject, Ecclesiastical or Temporal powers exceed those modest bounds set and appointed for them, by the sobriety and moderation of former times, the exercise of it over-turn'd to the Prejudice and to the Detri∣ment of the Publick Weale; all the Strings of this Government and Mo∣narchy have been so perfectly tuned through the skill and attention of our Fore-Fathers, that if you wind any of them any thing higher, or let them lower, you shall infallible interrupt the sweet accord, that ought to be entertained of King and People.

With this Opinion I had the honour to sit many years in the Commons House; and, this Opinion I have carry'd along with me exactly and in∣tirely for Fourteen years in the Kings Service; ever Resolving in my heart Stare super vias antiquas, to prove, with equal care, the Prerogative of the Crown, and the Liberty of the Subject, to Introduce the Laws of England into Ireland, ever setting before my self a Joynt and Individual well-be∣ing of King and People (for either they must be both or neither) which made my Misfortune the greater to be now in my Gray Haires charged, as an under-worker against that Government, a Subverter of that Law I most affected, and a Contriver against that Religion, to the truth whereof I would Witness by the Sealing of it with my Blood.

My Lords, As to the latter part, concerning my Religion, they have quitted me; and I have nothing to answer to that, because it is waved; and, I trust, my Lords, I shall clear my self in the first part, concerning my being a Subverter of the Fundamental Laws, that I shall stand clear to your Lordships Judgments in that Case.

My Lords, This Subversion must be by words, by Councils, and by Acti∣ons in Ireland and in England,

My Lords, I shall first give you an Accompt of the words, wherewith∣all I am Charged forth of Ireland; and, the first words are in the third Ar∣ticle, where I am Charged to have said, That Ireland is a Conquered Nati∣on, and that the King may do with them as he pleaseth: And, to the City of Dublin, That their Charters are nothing worth, and bind the King no farther than he pleaseth. These are the words Charged.

My Lords, methinks it is very strange, under favour, that this can be made an Inducement to prove this Charge, because I said, That Ireland is a Conquer'd Nation, therefore I endeavour to subvert the Fundamental Laws when I speak the Truth, for certainly it is very true, it was so.

My Lords, under favour, I remember very well, there was as much said here at this Bar, since we began; and yet I dare well Swear, and

acquit him that spake it, from intending to Subvert the Lawes.

For, my Lords, you were told, and told truely, That Ireland was a Conquered Nation, and that it was Subordinate to England (and, God forbid that it should be otherwise) and that they have received Lawes from the Conqueror.

My Lords, the words testified by my Lord Gormonstone and Kilma∣lock to be spoken, are not the words wherewith I am charged, and so, un∣der favour, I conceive, cannot be brought to my prejudice, as to this Try∣al, and they are words that are denied by me.

For my words concerning their Charters, your Lordships remember ve∣ry well, I doubt not, wherefore I said they were void, For their misuse of them, and that I told them so, not with the intent to overthrow their Pa∣tents, or Charters, but to make them more conformable to those things, that the State thought fit, for encrease of Religion and Trade, and encourag∣ing and bringing English into that Town; And, that it was meant so, and no otherwise; Whatsoever was said, it appeares by this, their Charters were never touched nor infringed, nor medled withal by me, during the time I was in that Kingdom; so that words so spoken, and to such a purpose, that they should go to prove such a Conclusion, I conceive there is great difference betwixt those Premises, and that Conclusion.

The next Charge for words in Ireland, is in the Fourth Article, where I am Charged to have said, That I would neither have Law, nor Lawyers Dispute or Question my Orders: and, that I would make the Earl of Cork, and all Ireland know, that as long as I had the Government there, any Act of State should be as binding to the Subjects of that Kingdom, as an Act of Parliament.

My Lords, I humbly beseech your Lordships to give me leave to say for my self, that these words of the Charge are onely Sworn by my Lord of Corke, and no man else: and, his Lordship appeared a little mistaken the other day in one point, on the Reading of an Order of the Council-Board, for so it appears, as I conceive; so that for one single Witness, and he the Party Aggrieved by these words, to be the Man that must convince me, I conceive your Lordships will not think that to stand with the ordinary Rules of proceeding.

For the rest, to say Acts of State in Ireland should be Binding, so long as they are not contrary to Law, I confess I then conceived it had been no Offence, for I thought them to be as binding, being not contrary to Law; but, the Elder we grow, the wiser we may grow, if God give us the Grace, and Attentions; and, so I trust I shall, by these Gentlemen, that have taught me to forbear those kind of Speeches hereafter.

My Lords, These are all the Words charged against me for Ireland, sa∣ving onely some things that I shall come to anon, that is Charged upon me in one of the latter Articles, concerning Scotland; I say, my Lords, these are all the Words that have slipped from me in Seven years time, having been well watched, and observed, as your Lordships may perswade your selves I have been; But, in Seven years time, I say, these are all the words brought to my Charge: and, in truth, I conceive, a wiser Man than my self might be forgiven for one Error, or slip of his Tongue of that

Nature in a years time, seeing it is in no greater measure, God be praised, than these are.

My Lords, these being the words that passed from me in Ireland, there are other words that are charged upon me, to have been spoken in Eng∣land; but if your Lordships will give me leave (though perhaps in no very good method) I shall not fail to touch first or last, the words in every Article.

The next Article then that I am charged withal for words, is the second Article, and these are the words that I should say, concerning the Finger and the Loins.

My Lords, I may alledge much new matter, but I will observe your Lordships Order punctually, by the Grace of God, for what I may say in that case, if it might be admitted, I keep it to my self; but the truth is, they that do prove the words to be thus, That I would make the little fin∣ger of the Law, heavier than the Kings Loins; they do not tell you the oc∣casion of the Speech, or what went before, or what after; for my Lords, if they had told the occasion (which methinks they should, as well have remembred as the words) it would plainly and clearly have appeared to your Lordships, that Sir William Pennymans Testimony was most true, for the occasion was such, that to have said those words, had been to have spoken against that to which I intended the discourse; but speaking them as I said, it makes very strong for that purpose, to which I directed them; which was to appease the Countrey, and quiet the Discontents; for ha∣ving been double charged with the Knight-money, and therefore it was not properly threatening them, further to have provoked them.

My Lords, you have Sir Will. Pennymans testimony, that it was so, and my profession; who (under favour) will not speak an untruth to save my life; I protest before God, that I say, I verily believe, or else I will ne∣ver speak it indeed, and there it is they have proved it to have been said one way, we another way, we give the occasion of our Speech, and dis∣avow theirs, and so we must leave it; and howsoever, these words so spoken, can never be drawn (as I humbly conceive) as premises to prove their conclusions, that therefore I am guilty of High Treason, they have made me guilty of a foolish Word, and that I confess, and if they please, I will confess it all the day long; for I have been foolish all the days of my life, and I hope hereafter I shall look unto my ways, that I offend not with my Tongue, for if I cannot rule it abroad, I will rule it within doors else I will never stirr abroad, but bound it so to my own business and affairs, that I trust I shall give no offence.

The next Article that chargeth me with words, is the 22 Article, and these be words spoke in England; The first part of them, which concerns the bringing in of the Irish Army, I have spoken to already; but in the conclusion there are other words, and shortly, the said Earl of Strafford returned to England, and to sundry persons declared his opinion to be, That His Majesty should first try the Parliament here, and if that did not supply him according to his occasions, he might then use his Prerogative as he pleased, to levy what he needed, and that he should be acquitted both of God and Man, if he took some other courses to supply himself, though it were against the will of his Subjects.

My Lords, as unto this, I conceive the Charge is not proved by any Witness, that hath been here produced against me; and in truth my Lords, I must needs say this, under favour (if it be an error in my Judgement, I must humbly crave your Lordships pardon) through the whole Cause I have not seen a weaker proof, and if I had had time to have gotten my Witnesses out of Ireland, I hope that should be proved, and so clearly, as nothing could be proved more; but I must stand or fall to what I have proved, and so I do my Lords; the proof they offer for this (as I conceive) is the Testimony of my Lord Primate, and his Testimony is, That in some discourse betwixt us two, touching Levying upon the Sub∣ject in case of imminent necessity, he found me of opinion, that the King might use his Prerogative as he pleased. My Lords, this is (under fa∣vour) a single Testimony, it is of a discourse between him and me, and there is not any other that witnesses any thing concerning it, so that (un∣der favour My Lords) I conceive this will not be sufficient to bring me any ways in danger of Treason, being but a single Testimony; and my Lords, it is to be thought, and to be believed (and it were a great offence for any man to think otherwise) that in this case any thing can please the King (he is so Gracious and Good) but what shall be Just and Lawful, and then there is no doubt, but so far as with Justice and Lawfulness, he may use his Prerogative in case of imminent danger, when ordinary means will not be admitted.

At most, he saith it was but an opinion, and opinions may make an He∣retick, but they shall not, I trust, make a Traitor.

The next is the Testimony of my Lord Conway, and the words that his Lordship testifies are these; That in case the King would not be other∣wise supplyed by Subsidies, he might seek means to help himself, though it were against the will of his Subjects. Truly, my Lords, if I should ac∣knowledge these words, I do not see how they can be any way Capital in my case; but this again is but a single Testimony, and there is no other that says it but himself, and if there be a good sense given to them, certain∣ly the words may very well bear it, for I think it is a very natural moti∣on for any man to preserve himself, though it be to the disliking of an∣other; and why a King should not do it as well as a Subject, it is such a prerogative of Kings, as I never yet heard of; for I thought, though they had been Gods on earth, yet they are men, and have affections as men, and should preserve themselves, being not only accountable for themselves, to God Almighty, but also for their Subjects, whose Good and Be∣nefit is wrapt up and involved in theirs, and therefore the King ought more to regard his own preservation, than the Common-wealth.

The Third is, That Mr. Treasurer says, that to his best remembrance I did say, That if the Parliament should not succeed, I would be ready to assist His Majesty any other way; God forbid this should be any offence for to say so, either in him or me; for I will swear, if it please you, that he said so as well as I, therefore God forbid, it should endanger either of us both; for my Lords, to say I will serve the King any other way, it is no other than what became a good and faithful servant to do, always pro∣vided, the way be good and lawful, which in this case, is always to be ad∣mitted among persons of Honor and persons of Trust; and therefore ad∣mitting it not any other way, it was just, and lawful, and commendable

in Mr. Treasurer and me; for I vow to your Lordships, we both said it, and he as fully as I.

But my Lords, all these come very far short, to prove the words of the Charge, and this (under favour) is all the proof as I have taken, that I should say these words before the Parliament.

The next words I am charged withal, are in the 23 Article, and those, my Lords are, that having tryed the affections of his people, His Majesty was loose and absolved from all Rules of Goverment, and was to do every thing that Power would admit, and that His Majesty had tryed all wayes, and was refused, and should be acquitted both of God and man: For the latter part that concerns the reducing of this Kingdom by the Irish Army, I have answered already, and therefore shall not need to repeat it

My Lords, mine Answer (under favour) to those words, with your Lordships Noble permission, must be thus, That they are no way proved in the most material part of them, by any Testimony that hath been offer∣ed, I shall, as near as I can, repeat the proofs that were offered on this point (for these Articles were brought in four or five together,) but I shall apply the proofs severally and distinctly.

The Testimony first given, was the Testimony of the Lord of Bristol, wherein his Lordship says, That in a discourse, there was difference be∣twixt his Lordship and me, in some Tenents of ours. To which I an∣swered the other day; that in discourse we speak not always the things we think, but many times to gain from other mens arguments, to strength∣en me in my opinion, I will seem to be of the contrary; This is ordina∣ry and familiar in all conversation, and very honest and just, so that al∣beit we seem to differ as we held it severally, yet if the pulse of our hearts had been touched close, both his and mine, perhaps we should have found it one and the same; Besides, his Lordship said, I disliked not the discourse, we speaking of another Parliament; only I said, it was not con∣venient at that time, and that the present dangers would not admit a remedy of so long consideration; and that the King must provide for the Common-wealth, Et salus populi suprema lex.

And truly my Lords, I think that it is very hard, any man should upon such a discourse, have his words turned upon him, and made use of to condemn him for High Treason.

My Lords, I know you are so just that you would judge me, as you would be judged your selves, and whether any man that hears me, would be content, to have every word that falls in discourse betwixt man and man, to be so severely interpreted, I leave to every mans Breast, what he finds in the closet of his own Heart: and desire to be judged accord∣ing to that.

My Lord went further, and says, I should say that the King was not to be mastered by the frowardness, or disaffection of some particular men, and conceives it be meant of the Parliament.

My Lords, I say (under favour) these words are not within the Charge, and therefore I am not to be accountable for them; besides, it is a single Testimony, and by the proviso of that Statute, cannot be made use of, to the end and purpose for which they bring them.

My Lords, the next Testimony offered for proving this Charge, is the Te∣stimony of my Lord of Newburgh, and he sayes, That at the Council-Board, or in the Gallery I did say, that seeing the Parliament had not sup∣plied the King, His Majesty might take other courses for the defence of the Kingdom. Truly my Lords (under favour) who doubts but he might, for my part, I see not where the offence is; for another man to have said thus, for if another man will not help me, may not I therefore help my self? (under favour) I conceive there is no great weight nor crime in these words, but in these likewise he stands a single Testimony, there is no man that joyns with him in it; and there is this in the whole Cause, concerning the words, that I think there is not any one thing wherein two concurr.

The next Testimony is that of the Earl of Holland, and he sayes, That at the Council-Board I said, The Parliament having denyed the King, he had advantage to supply himself other ways; Truly, my Lords, I say still other wayes, being lawful wayes, and just wayes, and such wayes as the goodness of the King can only walk in, and in no other can he walk. And therefore I conceive, they be far from bringing it to so high a guilt as Treason; and this likewise his Lordship expresses as the rest do, singly on his own word, as he conceives them, and not on the particular word of any other person, which is I say, the case of every one that speaks in the business; and therefore there being so great a difference in the Re∣port and Conceiving of things, it is very hard my words should be taken to my destruction, when no Man agrees what they were.

My Lord of Northumberland is the next, and he sayes, I should say at a Committee for the Scotish affairs, That in case of necessity, and for defence and safety of the Kingdom, every thing must be done for the pre∣servation of the King and his People. And this is the Testimony of my Lord in that point; if I take any thing short, it is against my Will, I give you my Notes as far as I have them, and further I cannot remember them.

But my Lords, I say this brings it to that, which is indeed, the great part of my Defence in this case: There is another agreed in this too, and it is Mr Treasurer, who sayes, that in Argument for Offensive or Defensive War, I should say, That having tried all ways, and being refused, the King might in extream necessity, provide for the safety of himself and his Peo∣ple; I say this brings it to that, which is principally for my Defence that must qualify, if not absolutely free me from any blame; and that is that which did proceed and follow after.

My Lords (under favour) I have heard some discourse of great weight, and of great Authority; and that is certain, the Arguments that were used in the case of Ship-Money, by those that Argued against the King in that Case, say as much, and will undertake, if any man read those Arguments, he shall find as much said there, as I said at Council-Board; for there you

shall hear, that there be certain Times and Seasons, when Propriety ceases, as in the case of Burning, where a Man pulls down the next House, to preserve the whole street from being set on fire. In the case of building Forts on any mans Land, where it is for the publique defence of the Kingdom, in both these Cases, Propriety doth cease: nay, he says that in War, Inter Arma silent Leges. Now my Lords, these are as highly said, as any thing you have heard by me, and yet certainly is no subverting of the Fundamental Laws for all that; and therefore, if a man must be judged, he must not be judged by pieces, but by all together.

My Lords, Whatsoever I said at Council-Board, was led in by this Case, what a King should do, in case of a Foreign Invasion of an Enemy, when the ordinary wayes and means of levying Money would not come in sea∣sonably to prevent mischief, for what a King may do, in case of absolute necessity; certainly in these cases, the ordinary Rules do not take place; as this was the Case that let in the Discourse, so I most humbly beseech your Lordships (for it is fully proved) to remember what was the con∣clusion of that Discourse; which was, That after the present occasion pro∣vided for, the King was obliged in Honor and Justice to vindicate and free the Liberty of the Subject from all prejudice, and harm it might su∣stain in that extraordinary occasion, and that this was to be done by a Parliament, and no other way but a Parliament: and the King and his Peo∣ple could never be happy, till the Prerogative of the Crown, and the Li∣berty of the Subject were so bounded and known, that they might goe hand in hand together, mutually to the assistance of one another.

My Lords, give me that which precedes, and that which follows, (both being proved to be the Case in these words in the Charge) I think, con∣sidering these two, I should be far from having committed any great crime or offence, in saying these words.

But I say as I said before, I shall be more wary for the time hereafter, if it please God to give me that Grace and Life, which I submit to him, and shall readily and willingly resign to his good Will and Pleasure; I conceive therefore, that as these words are accompanied, they be not words that do amount to Treason, and are so qualifyed, and so weakly proved, that I trust they shall not stick with your Lordships.

The next words that I am charged withal in England, be on the 25th Article, and that is, that I should say, that the Aldermen that would not give in the names of the able men of the City, deserved to be put to Fine and Ransome, and that no good would be done with them, till an exam∣ple were made of them, and they were laid by the heels, and some of the Aldermen hanged up.

In the first part of the Article, there is something, concerning my ad∣vice for raising the Money, but it is not proved that I did any thing there∣in, but as others did, and as in former years had been done, before my co∣ming into the Kingdom: For the words, that they deserved Fine and Ran∣some, I confess them in my Answer, just in the same manner as my Lord of Berkshire was pleased to testify them the other day, that is, That if they should not do the thing desired, they might in my opinion, be lia∣ble to Fine and Ransome.

And my Lords, admit I were mistaken in my opinion, shall it be a Treason to be mistaken? I say in my opinion, they might be lyable to Fine and Ransome; but what is this to Treason? Under favour, nothing at all as I conceive. For the other part, that it would never be well, till some of the Aldermen be hanged; it proves to be testified by Mr. Alder∣man Garroway, and he owns it only for himself; for it was not that some of the Aldermen should be hanged, but he said at the Bar, till he himself were hanged.

My Lords, This is a single Testimony, and these words, as he says, were by me spoken to the King at the Council-Board, That it would never be well till some of them were hanged, meaning himself; truly my Lords, I thank God I never spake such unmannerly Language all the dayes of my life, I have had more regard to my words than to say such things to my Master; and your Lordships must needs be many of you by, and I am very confident, there is not one among you, that can remember any such words were spoke; for in good faith, I did not speak them; And my Lords, before this misfortune did befall me, I should with modesty have thought my self a person on equal terms, to have been believed as well as Mr. Garraway, and I speak it with as great confidence as he, that I never spake the words.

My Lords, The next is the 26th Article, and that is, that I should say the City of London dealt undutifully with the King, and they were more ready to help the Rebels, than to help His Majesty; and if any hurt came to them, they might thank themselves.

My Lords, I am in the first part of this Article, charged to have coun∣selled and approved two dangerous and wicked Projects, the one concern∣ing the stay of the Bullion in the Tower, the other concernin Copper-coyn, and no proof hath been offered, that I either compelled, or approved either of those two Projects. And my Lords, it is proved to your Lord∣ships, that when the Merchants came, I told them, I knew nothing of the business as to the Bullion, neither indeed, did I ever know there was a∣ny Bullion, nor any thing of that nature in the Tower. But for the words, I conceive it had been no Treason for me to think at that time, that the Londoners had dealt unthankfully with His Majesty, I thought I might have said it freely, without danger of such a thought, as might conduce to the convicting me of Treason.

But whatsoever I then thought, or on what grounds soever, it may be remembred, that then I alledged, and now I speak it, when news was brought to York, that the City had sent the King Two hun∣dred thousand pounds, I took notice, that notwithstanding all I had thought formerly, they nad now made such recompence, and so cleared their Faith and Duty to the King, that I should be their servant, and lay my hand under their feet, as those that heard me are able to speak; for though at first I said they had dealt unthanfully with the King, yet af∣terwards I was ready and willing upon all occasions, to testify the con∣trary of them, and to profess that I was ready to serve them upon all occasions, just, and honest, and honourable.

As for my saying, that they were readier to help the Rebels than the King. In truth I am a man that cannot justify a thing I do not approve,

I must needs say, it was an unadvised Speech; and, I wish I had not spoke it: it seems I did speak it; for I have reason to believe honest men when they Swear, though, in truth, I remember it not: but, I have no reason or cause to think, they would take an Oath otherwise then truth. I have no exception to the Men, and therefore, upon their words, I must Credit them, before my own memory; but, it was an Unadvised Speech, and he is a wise man, and much wiser then my self, that some time offends not with his Tongue. And, in truth, my Lords, though there be no Treason in it, they are the most unwarranted words that appeare in the whole Proofe made against me.

In the 26th there are some words, that I should speak to my Lord Cot∣tington, concerning a Foolish Pamphlet, or Gazette, which I then had in my hand; and, it is such a Toy in it self, and all the Circumstances of it, that I hold it not worth the mentioning, but only that I would not forget any thing in the Proofes, as near as I could, and the Proofe is uncertain, for onely one Man sayes it, and, the very words he cannot express: Now, he that shall Swear, when he cannot express the Words, his Testimony is but of small value; and, he is but a Single Proofe at best to disprove what is deposed by Sir William Parkhurst, who sayes, he was by, yet heard not the Words; And, Cogam sayes, he remembers not the words: and so, upon the matter, there are two against one; and, the whole being so un∣certain, I conceive it is of very little moment in your Lordships Judg∣ments.

My Lords, These are as near as I can gather, all that are charged as unto words, spoken either in England or Ireland Councils, other then these I am not charged withall, and so there remains nothing but my Actions; and, if I can free them as well, as I have freed the Words, I conceive then, under favour, I have fully Answered all, that hath been objected against me.

My Lords, The first of these is the Fifth Article in the Case of Sen∣tence of the Council of War, against my Lord Mountnorris, and the Sen∣tence of the Council of War against Denwit.

For that of my Lord Mountnorris, I have shewed plainly and clearly to your Lordships, that I was no Judge in the Cause, but a Party, and therefore not Responsible for any Judgment given against his Lordship. I gave no Vote, and so consequently am not to Answer for any Guilt, if there were any; which, under favour, I conceive, since all Martial Law is Adjudged to be against the Law, I may be of another Opi∣nion; but, formerly conceiving that that might have stood with the Law, I might say something more for the Justification of it, then now I do, but hower I was no Party.

They say, he was a Peer, and it is very true; but, as he was a Peer, so he was a Captain of the Army; and, in this Case, we consider Men as Members of the Army, not as Peers: And, if a Peer will not submit himself to an Officer of the Army, he must submit himself to the Order of the Army.

Besides, I say it was intended only as a Discipline to him, the better to remember him to govern his Tongue afterwards towards other Men; and, that there was no more Prejudice fell upon him by it, but two or three days Imprisonment, so there was no great Animosity in the business: besides, it appeared to your Lordships, that two or three dayes after we writ to the King, and obtained his Pardon; so that I conceive, the Inconvenience was not very great to him, nor the Proceedings such, as should make it un∣pardonable, or Criminal in them that gave Sentence upon him, whereof I was none.

For that other, concerning Denwitt, your Lordships may remember, he was found Guilty of Stealing a Quarter of Beef, and for Running from his Collours, and was formerly Burnt in the Hand; for that he should be Proceeded against another way: But, falling out at that time, when Five hundred Men were going over to Carlisle, and they being unwilling to be put to Sea, we were inforced to those proceedings for the prevent∣ing of further Mischief. And, there is another thing; that the Martial-Law hath been alway in Force, and executed in all times in Ireland, and never so sparingly as in my time; for, this is the only Man that suffered all the time I had the Honour of the Government: And, I dare Appeal to them that know the Country, Whether, in former times, many Men have not been committed, and Executed, by Martial-Law, by the De∣puties Warrant, that were not Thieves and Rebels, but such as went up and down the Country? if they could not give Account of themselves, the Provost-Martial, by direction of the Deputies, using, in such Case, to Hang them up. I dare say there are Hundreds of Examples in this kind; so that as to that, I do not Justifie it; But, I say, it is a Pardona∣ble Fault; and, that others are of Course Pardoned for it; And, I trust, that what falls of Course, shall not be laid upon me as High-Treason; or conducing to it.

The next is the Sixth Article; and that is in the Case of Richard Roll∣ston; and, therein, I am said to have Subverted the Fundamental Laws, by executing a Power, and a Jurisdiction, which was not Warranted by Law, upon a Paper Petition, putting out of Possession of his Freehold and Inheritance my Lord Mountnorris.

My Lords, That Sentence will appear to your Lordships to be no more, then the relieving a Poor Man in case of Equity; and, it is proved to you to be a Power, that hath been formerly practised by the Deputies; and, I humbly conceive the Decree is just: So that, my Lords, I must Confess, it is something strange to me, That, having the Kings Letter to Warrant me in the Course of Proceedings, and having the Power of former De∣puties in like Case, and doing no more therein then the Lord Chancellor, by the very self-same Law, should do in other places: And, that which should be—done, by the Chancellor, should be Innocent and Just, yet become High-Treason when done by me, is a thing I understand not.

The next is the Case of Tonnres; and, that is waved by them; and well may it be; for, it was in a Case of Plantation; there was no Possession altered, and it is fully within the Book of the Kings Instructions.

The next is in the Case of Sir Iohn Gifford against the Lord Viscount Loftus, which they have Waved; and, well they may; for it was ground∣ed on a Letter from the King, Commanding it to be heard by the De∣puty and Council, which is clearly within the Instructions, and hath been since heard by the King and Council-Board, and by them Confirmed for a Just Decree.

The next is the Case of my Lord of Kildare; and, that they may well Wave too; the Proceedings being grounded upon a Letter from His Ma∣jesty, and nothing done but in persuance of an Award between the Lord Digbyes House, and that House of Kildare made by King Iames.

The next is the Lady Hibbots Case; and that was Relief given to Poor Men, circumvented by Practice, to the Prejudice of himself. My Lords, I had Power to hear that Cause, and all Causes of that Nature, by the King's Letter, and according to the Practice of former Deputies: And, I conceive, it will appear, when it comes to be heard, to be a just and fair Decree, I do not any way question that, though I remember little of the business.

But, at the worst, this is but an over-exercising of a Jurisdiction; and, that it should be High-Treason in a Judge to exceed his Jurisdiction, I must confess I never heard it. I told your Lordships the other day, Bo∣no Iudici est Amplior Iurisdictio.

But, that it should be High-Treason to enlarge Jurisdiction, is a perilous Point; and, if it be so, it befits your Lordships, and all Judges, to be well certained what you may do, least by going too far, you fall into great In∣conveniences.

But, my Lords, I say (under favour) that all these, if they had been done without any manner of Authority, had not been a Subversion, but rather a diversion of the Law: it could not be properly said, to be the subverting of the Fundamental Lawes, though it might be a diverting, and so long as I keep the Rule of the Law, and do the same things that another man does, in a more legal way, I mean in a more warrantable place; I say, my doing of the same thing in an improper place, is not a Subversion, but a diversion of the Law: If you will bring in the Thames about Lambeth, to come in again below the Bridge, the River is the same, though the Course be diverted to another place: So the Fun∣damental Law is the same, though the Course be diverted to another place; I say, the Fundamental Law is the same, onely it is carry'd in another Pipe: And, Shall this be said to be a Subverting? Under favour, as the River is the same, so the Law is the same; it is not a subversion, but a diversion. Nor doth it skill where Justice be done (I mean so far as it concerns the Subjects Interest) for, so long as he hath Justice speedily, and with least Charge, his end is complyed with, and it concernes not him∣self, whether he hath it in the Kings Bench, or Common-Pleas; so he hath it speedily, and with the least Charge: And therefore, as long as the Lawes are the same, though Executed by several Persons, and in se∣veral places, I cannot conceive it to be a subversion: And, I shall hum∣bly beseech your Lordships, to take care, that while these straynes are put upon me, to make this Personal Charge against me, ye do not through my Sides, Wound the Crown of England, by taking that Power from the

Deputy, which must of necessity be lodged in him, if you will have that Kingdom depend upon the Crown of England, which I hold, in all Wisdom and Judgment, ought to be cared for: Therefore, I be∣seech you, prejudice not the Deputy, to the Disabling him from serving the Crown hereafter, by Beating down me, who am this day to Answer before you; For, if you take away the Power of the Deputy, you shall not have that Kingdom long depend upon this Crown; for, it rests un∣der God and His Majesty, and must principally rest upon the care of him that is intrusted with that Charge: And, therefore, give me leave, on the behalfe of the Crown of England, to beseech you to be wary of lessening the Deputies Power too much; for, if you do, I fear you will find it a great Disservice to the Crown.

My Lords, the next thing I am Charged with is the 9th Article; That is, a Warrant of Assistance to the Bishop of Down and Connor, and, for that, your Lordships see there was but one of them, and have heard it proved, that before my time such Warrants were frequent indeed, no man was denyed them: But, my Lords, it must likewise be remembred, that of my own accord, I did recall it, before I was ever questioned for it; and, it is very hard, if he that mends his Faults, should be afterward punished for it; for, it is a Degree of Repentance, and, it is hard, that a man should be finally Condemned after Repentance: and therefore, my Lords, I trust, seeing there was but one of them, seeing I did my self recall it, so willingly, as soon as I found the Inconvenience, I hope that will be easier remitted to me.

The next is the 10th Article, that concernes the Customes, and that is rather to be looked on as a Fraud, then as a Treason, as I conceive it, there is no Treason in the business sure: But, I have proved, the Bargain was honestly made; That there was more offered for it by me then any other; That I had it upon no other Termes, then it was formerly let to others; That I was constrain'd to it whether I would or no; And then, my Lords, if the Bargain, by the Increase of that Kingdom, proove a good and pro∣fitable Bargain; it is a very hard Case, that if it be increased through the Kings Wisdom and Goodness, and the Kingdoms Growth, Trade and Traf∣fick, that this should be turned upon me, as an Argument, to make me Guilty of Treason.

I never found a good Bargain should be so charged, so long as it was honest and fair.

But, whereas they press, That I have gained Three Hundred Thou∣sand Pounds Estate by it; it is a very strange mistake: For, the King has out of it His Rent of 15 or 16 Thousand Pounds a year, and Five entire parts of Eight clear to Himself; and therefore it was a strange Cal∣culation, and much mistaken by them that gave the Information of it to the Gentlemen.

For the Book of Rates it was none of mine, but was agreed on before my time; I had nothing to do with it, and therefore have nothing to An∣swer for it: And, when it shall come to be proved, it will appear, that the Rates were set fairly and justly, and equal betwixt King and People, according to the Law, whatsoever hath been said to the contrary.

The next is the 11th Article, concerning Pipe-Staves, and that is by them waved; and well they may, for the plain truth is, if it had been proceed∣ed in, it would have appeared, that there is come Fifteen hundred pounds gain to the King, and Four hundred pounds loss to my self, and preserving of Woods, and that is all that would be made from that Ar∣ticle.

The next is the business of the Tobacco, which is not applyable to Treason in any kind; but because I would be clear in every Mans Judg∣ment that hears me, I beseech your Lordships to call to mind, it was the Petition of the Commons-House of Ireland, that the Grant of Impost on the Tobacco should be taken in, and converted to the Kings use; so that whatsoever was done, was persuing their intention and desire.

That there was no way but this, to make benefit and profit of it, is most manifestly shewed, that there was a Proclamation in England of the like nature, and a Command of the King to proceed in it accordingly; and an Act of Parliament Transmitted here, for Passing it to the Crown, according to the intention of the Commons-House; and, for the greatness of the Bargain, no Proofe hath been offered to your Lordships, but only the Estimate of a Merchant; and, how far your Lordships will be guided by the Estimate of a Merchant I known not; but, I have had Trial of some of them, and their Estimates never hold; for, they have alwayes told me, I shall gain much, and when I came to the point, I gained nothing: and if Sir George Ratcliffe should be Sworn to the Point, he should say confi∣dently, that we are Fourscore and six thousand out of Purse, and; when he came out of Ireland, but Fourscore thousand pounds received; and this is the Profit Estimated by the great Merchants, at a Hundred and Forty thousand pounds a year: But, at the worst, it is but a Monopoly, and a Monopoly of the best condition, because it was begun by a Parliament. I have seen many Monopolies question'd in Parliament, and many overthrown in Parliament, but, I never heard a Monopoly charged for a Trea∣son.

My Lords, The next is the 13th Article, and that is concerning the Flax business; For that, my Lords, if I had thought it any way concern∣ing me, I could have cleared it in a very great measure; But, I had no private Interest in the business, much less of private profit; but onely an endeavour and desire, to bring in the Trade of Linnen-Cloth to that King∣dom, which would be much advantage to both Kingdoms, and no preju∣dice to this Kingdom, which a Woollen Trade would have been, if set up these.

And, the Prolcamation, when it was found not so well liking to the People, was called in of our own accord, before it was question'd, and so laid aside, and given over.

For any matter of private Benefit, you have no Witness but Crokay, a Fellow brought out of Prison; Here is but a single Witness, and a sorry one; a Fellow, who, by misbehaving and misusing the trust committed to him, was turned out; and, upon the turning of him out, the Proclamati∣on was absolutely called in: and, now he comes to be a Witness, being him∣self the onely offended in the Cause.

But, I beseech your Lordships, to think, I have not lived with so mean a heart in the World, that I should look to gain Four Nobles more or less,

upon a Cart Load of Flax; It is very well known my thoughts have carry∣ed me free enough from gaining so poor and petty a matter, as that is. I know nothing in the World of it, no more than the man in the Moon; but, when it comes to be heard, your Lordships will find me extreame pure in that; for, I thank God I have clear hands I assure you.

The 14th is waved by them, concerning an Unlawful Oath given to Ma∣sters and Officers of Ships; and, it might very well be waved; for, I con∣ceive it to be Warranted by the Law: Sure I am, it is both the Practice of England and Ireland, and hath alwayes, and at all times, been practised and used, and is onely for the preventing of Fraud and Deceipt in Merchants, by not paying the Kings Duties and Customes.

The 15th is Answered already I hope.

The 16th doth Charge upon me certain Propositions I made, before I went into Ireland: And, in good Faith, my Lords, you may see, how short-sighted men may be to their own Actions; for, I did very well be∣lieve, I should never have reaped any thing from those Propositions but Thanks; I am sure they were well received then, when they were offer∣ed to His Majesty and the Council; and, I must truely Confess, I never thought they should be objected against me as a Fault.

My Lords, The Proposition was, That no Man should be allowed to Complain of Injustice or Oppression in Ireland, unless he first addressed him∣self to the Deputy: My Lords, there was no Original Intent, but onely to prevent Clamours, and Unjust Vexations of the Kings Ministers there; that, after men had received Judgment of the Kings Courts, they might not presently come, and, by Clamours, call over a Chief Justice, or a Chan∣cellor, or President, to Answer here, and be at charge of five or six hun∣dred pounds, unless they acquaint the Deputy with it, that they might be righted in the place; and, this is Charged against me as a great Crime.

Truely, my Lords, I shall Confess, and Amend any thing, and trust other Judgments rather than mine own; but, I see not how this can Charge me, as intending to subvert the Laws of the Land, but rather to preserve them.

The other concernes a Proclamation, That none shall depart the King∣dom without License.

My Lords, for that I have shewed, that no man out of that Kingdom, can come without License, but upon very great Penalties. I have shew∣ed likewise, it was the desire of their own Agents some 15 or 16 years since, That there might be such a Restraint, and none might come over without License. I have shewed you likewise, the Instructions to my Lord of Faulkland, by which he was Commanded, in persuance of that Desire, that none should come over without his License: I have shewed the ex∣press Command of His Majesty to me, to have it so. I have shewed you likewise the Reasons of State, why it should be so, to prevent that pra∣ctice and Intelligence, which might otherwise arise betwixt them of that Nation, serving under Tir-Connell and O Neale; and likewise to prevent the going over, and transplanting the Prime Nobility and Gentry to Se∣minaries,

and other such places, there to be brought up: and therefore, in reason of State, it is a Restraint, and ought so to be. But, having these grounds of Law, Warrant, Practice, Former Instruction and all, Why this should be brought to me in particular Charge, to Convince me of en∣deavouring the Subversion of the Laws, I must submit to your Lord∣ships.

My Lords, There is, in the latter part of this, another Charge, con∣cerning the Sentenceing of one Parry, who was Sentenced (as I conceive) very Justly; and, I have no more to answer for in that Sentence, then any of the rest, having but a single Voice; and, that I should answer for all, I confess is something hard. But, there is no manner of Testimony in the World in this, save the Testimony of Parry himself: Now, if Parry, the Man offended, his Testimony shall be taken against the Judge, I know no Man can be safe, and other Testimony is not offered: and therefore I trust that that will easily fall off of it self.

The 17th is likewise waved; and is, in Truth, of no great Consequence, one way or other, and therefore I shall give no other Answer to it; It was well waved, and had been as well left out, having no great matter in it.

The 18th is likewise waved, but it is that which sticks very heavy upon me; and, wherein I find my self as much afflicted, as in any one part of the Charge: For, my Lords, here I am Charged up and down, to endeavour to draw upon my self a Dependance of the Papists, in both Kingdomes of Ireland and England; and, that I have, during the time of my Government, restored diverse Mass-Houses in Dublin and elsewhere, that have been by Precedent Deputies taken away. I am likewise Charged to have drawn to my self a Dependence of the Irish Army, Eight Thousand, all Papists; and likewise to have miscarried my self in a Commission in∣trusted with me, before my going into Ireland, concerning Compositions for Recusants.

This is a very heavy and grievous Charge, and hath raised a great deal of Ill Opinion against me in the World, to be a Fafourer and Contriver with Papists, and I know not whom, against the Religion I profess, a Greater and Fouler Crime there cannot be against God or Man; and yet this goes in Print all over the World: and, when it comes to the Point, here is no Proof, nor any part of the Charge made good. And, there∣fore, since it is not made good by the Charge, I humbly desire I may be vindicated in your Lordships Noble Opinions, and the Opinions of all that hear me, that I am, in my Religion, what I ought to be; and, that which I will Dye in, and Maintain against all the World: And, I am so far from Contriving any thing to the hinderance of it, that, if God give me life, I will serve it, and prevent any inconvenience to it: and, my Religion and Duty to God is so Dear, and precious to me, that there is nothing in this World, but I shall lay it down, as Straw and Stubble, under my feet, and trample upon it, rather, then in any kind, forfeit that: but, in the mean time, I suffer, and must be content.

My Lords, The next is the 19th Article; and, that was, for framing a New and Unusual Oath, which the Scots did take in Ireland, to give

Pledges of their Allegiance to the King; I have shewed you for that, that the Oath was framed by the Kings express Command in Ianuary, before the Oath was given, which was, I think, in May. And, I did then hum∣bly conceive it lawful for me so to do, being onely to take from them a Pledge of their Allegiance to the King. I confess, I conceived such an Oath might have been lawfully Administred to the People; and shewed, that the same Oath was Administred here in England, to those of that Na∣tion, I shewed that it was taken in Ireland voluntarily: And, I humbly represent to your Lordships the time when this Oath was required, when the King and both the Armies were in the Field, lodged not far from one another: And, whereas it is said, it should oblige the Clergy in Eccle∣siastical Matters; if your Lordships call to mind, the very Oath it self cleares that Point, requiring onely a Temporal Obedience and Allegi∣ance, in a time of that Danger and Distraction, given by the Kings own Command, and to no other purpose.

And, my Lords, the Proofes are nothing at all on the matter; Sir Iames Mountgomery tells you a Tale, not much Material; nor Mr. Maxwell, nor Sir Iohn Clotworthy; there is nothing at all in it concerning Treason. Stewarts Sentence remains onely to be Answered in this Article; for that, I conceive it was Justly and Fairly given, as I then conceived. I was one of the rest, and nothing was intended by that Decree, but his Reforma∣tion; and, when he had pleased to have taken the Oath, he might have been released of the Sentence, and sent home again quietly.

The next is the 20th Article; Wherein I am Charged to be a Provo∣ker, and Incendiary of a War against His Majesties Subjects of the Scotch Nation; and, that I should say of them, They were Rebels and Traitors: and, being about to come into England, that I should say, I would root out of the Kingdom the Scotish Nation Root and Branch.

My Lords, I shall need no more to say in this, for my being an Incen∣diary; I think, by the Proofe, it hath been clearly made appear to your Lordships, that I gave no Opinion, but such as others did in the like Case. It is proved by my Lord Traquair, and my Lord Treasurer, and might have been proved by many more, if it had been needful.

For the Words, that I should say, The Rooting out the Scots Root and Branch, They are onely testify'd by one single Witness; Salmon the School-Master Swears it, and no man else but he; and, I hope, my Lords, that when your Lordships do call to mind, how he is Crost by his Fellow Wit∣ness Iohn Loftus, your Lordships will be satisfied; he Swears I will persecute them to the Blood, and Root them out Root and Branch, and, I cannot tell what: But, Iohn Loftus said indeed, that I said, I hope that such of the Scotish Nation, as would not submit to the Ecclesiastical Go∣vernment, I would root out stock and branch: a wonderful difference be∣tween these two. But, my Lords, it was testified by Mr. Secretary Man∣waring then present, that I neither spoke the one nor the other, but as in my Answer I did truely and faithfully deliver it; I said, that unless they would take that Oath of Allegiance, and secure the King of their Allegi∣ance in that point, I hope I should not see any of them stay in that Kingdom, that refused it: and, there is no Proofe in the World but the School-Master; and, I hope, your Lordships will not take him to be a

good and valid proof to convince me in this Case, being a person of no greater Quality, and crossed by his fellow Witness: For my self, I do ab∣solutely say, I was so far from wishing ill to that Nation, or any Dissen∣sion or Division between them, that I never desired other in my heart and soul, but a firm Peace through the Kings Dominions: My Counsels tend∣ed to that; and, if I might seem to begin in a contrary way, yet the last re∣sort was, to bring all to quietness, and so, that it should be without Blood. And, I dare say, there be them that heard me say it many a time in the Kings Council, That the King should be in nothing so much sparing and tender, as to draw any Blood in that Quarrel; I dare say, many that heard it will Justifie me in it: And, if your Lordships will give me leave, I do think I have something that might procure your Lordships beliefe that it was so; for, at that time, my Fortune (though now by Misfortune it be mean enough) was such, as I needed not desire to shuffle the Cards, and deale a new; and, especially, when nothing was to be got but Blows: and, that I trust will be an Argument to your Lordships, that nothing was desired by me so much as Peace; and that under Gods goodness, and the Protection and Benefit of His Majesties Scepter, I might enjoy the little Estate my Ancestors left me; for, it is certainly true, whatever the World may think to the contrary, it is very little better from what my Father left me; something it is, and the most part of the Improvement of it was, be∣fore I came to serve the King; and yet I have had more from the King then I deserved in all kinds, and all the whole service of my Life, were it never so many years, could not Merit, nor Deserve from Him, the Hun∣dred part of what I had from His Favour.

My Lords, Mr. Treasurer Vane sayes, I was in the Argument for an Of∣fensive, and he for a Defensive War, for a War both of us: And, I beseech your Lordships, How should it be more Treasonable for me, to be for an Offensive, then for him to be for a Defensive War? for a War there must be, and the difference was not great: and, for a Counsellor to de∣liver his Opinion, and have that turned upon him as Capital, to sweep from the World himself and his Posterity, is a very hard Case, to say no more of it.

The next Article is the 21^th; wherein I am Charged to be an Enemy to Parliaments; a Breaker of Parliaments; and did, by that means, sow ill Affections betwixt the King and His People.

My Lords, This is more fully Charged in a Subsequent Article then this; for, this is but onely for breaking of the last Parliament, that I should advise it to be called, with an intent to break it, which is very unlikely; for, that nothing in the World could be of so happy effect to me, as the success of that Meeting; and yet I must destroy, and disadvantage my self in that, then which, nothing could be of more advantage then the success of that Parliament.

The 22^th Article is Answered already; and, the 23^th like∣wise.

In the 24^th Article comes in that of the Parliament more fully; and there I am Charged Falsly, and Treacherously, and Malitiously, to have declared before His Majesties Privy-Council, That the Parliament of

England had forsaken the King, and given Him the Advantage to Supply Himself otherwayes; and having so Malitiously Slandered the said House of Commons, that I did, with the Advice of the Archbishop of Canter∣bury, and the Lord Finch, Publish a False and Trayterous Book, called, His Majesties Declaration of the Causes of Dissolving the last Parliament, &c. This goes very heavy upon me in the World, that I should be a breaker of Parliaments; a Counsellor against Parliaments. My Lords, there is no∣thing proved of it; and, I hope I shall be cleared by your Lordships, and these noble Gentlemen, and all the World, that I had no such thing in my heart.

For the Point of the Declaration, I was at that time Sick in my Bed, and could do nothing in it, and therefore I trust I shall be acquitted as to that: As to the Breaking of the Parliament, or any ill-will to Parliaments, I have ever honour'd them; and, far be it from me to wish, that they may not be frequent, for the good of the King and Kingdom; but, as oft as you shall have it urged, and prest against me, that I should be an endeavourer to Subvert the Fundamental Laws of the Land in this kind, I beseech your Lordships, call to mind what hath been proved, that at all Publick Debates, at Council, and Privately apart, I have humbly represented to His Majesty, from time to time, that Parliaments are the Onely Way to Settle Himself in Quietness in the Kingdom, and to acquire Prosperity and Happiness to Himself and His People: And, when you shall hear them press upon me, that I have endeavoured to Subvert the Fundamental Lawes of the Land, I beseech your Lordships to call to mind, how fre∣quently and servently I have advised the King, to call for Parliaments, which, under God, is the great Protection, and Defence of the Fundamen∣tal Lawes of the Kingdom.

To the 25th I have Answered already, and to the 26th like∣wise.

The next is the 27th; and, for that, I can say no more, then that your Lordships have heard the Proofes for the Levying of Money; it hath been cleared to your Lordships, that nothing was done by me, but by Consent of the Country, with their Unanimous good liking, and for their benefit and advantage: Being done so, and for so good ends, as I trust that shall not be enforced against me; and, it is very strange to me why it should be expected, that if two Armies be in the Field, one against the other (as there was at York) that they should be Govern'd with as much quietness, as an Atturney walking with his Writs at his Girdle, betwixt the Kings Bench and the Common-Pleas.

For, Armies cannot be Govern'd without some Latitude in this kind: Inter arma Silent Leges: rightly applyed, there is truth in that. But, I did nothing in the Business, I did nothing by Compulsion, but by the vo∣luntary liking of the Parties themselves: and therefore, I conceive, that shall not be Charged upon me as Treason.

There remains now the 28th Article; and, that is the onely Bloody Article, if it had been, or could be made good, that is in the whole Charge; for, there I am Charged, out of ill and wicked purposes (and, indeed, What can be worse than Treason) to have Betrayed Newcastle

into the power of the Scotch Army; and likewise, to have betrayed the Kings Army at Newburn, to a dishonourable Retreat.

My Lords, if either of these had been true, I should have saved your Lordships the labour. I would have given Judgment against my self, that had been certain: But, my Lords, never was any Man more Innocent, therefore they may very well wave it.

Have I been all this while Charged as an Incendiary? and, Am I now come in the Conclusion to be charged as a Confederate? it is wonderful strange! certainly your Articles fight one against another in this; for, How can I be an Incendiary in one part, and a Conspirator with them that Charged me, to be an Incendiary in the other part?

In good Faith, I have not been very kindly dealt withal by my Con∣federates, if they be Confederates, to Charge me as an Incendiary, that did them that Service and Help, as to deliver into their hands a Town of such Consequence as that is.

No, my Lords, I wish all happiness to the Nation; but, I can never wish so to it, as that they should take one of the Kings Towns in England, if I could have helped it. My Lords, it was lost before I had the Charge of the Army, I had nothing to do in the business, nor am I to give any Accompt of it, nor is any thing proved.

And, as to the Defeate at Newburn, you yet fight one Article with ano∣ther, methinks in that too; for, I am charged to be the Man, that deli∣vered up Newcastle, and yet, all the World knows, that nothing could save it from being lost, but the taking away from the Scots the Passages at that time: So, that I should use all means to prevent Men from doing that, which I meant to do for them, is very strange to me. Here is no Probability, and certainly little truth in the whole business, as concerning my Confederating with the Scots, either for the one or the other.

And so, my Lords, I am come to the end of these 28 Articles, that were for my further Impeachment; I have gone over them all: and, out of these now there remains, that other Second Treason, that I should be guilty of endeavouring, to Subvert the Fundamental Lawes of the Land, in the first of those Seven Articles.

My Lords, That those should now be Treason together, that are not Treason in any one part, and Accumulatively to come upon me in that kind; and, where one will not do it of it self, yet woven up with others, it shall do it; Under favour, my Lords, I do not conceive, that there is either Statute-Law, or Common-Law, that hath declared this, endeavour∣ing to Subvert the Fundamental Lawes, to be High Treason.

I say, neither Statute-Law, nor Common-Law Written, that I could hear of; and, I have been as diligent to enquire of it as I could be: And, your Lordships will believe I had reason so to do. And, sure it is a very hard thing, I should here be question'd for my Life and Honor, up∣on a Law that is not Extant, that Cannot be Shewed. There is a Rule that I have read out of my Lord Cook, Non apparentibus & non existenti∣bus eadem est Ratio.

Iesu! My Lords, Where hath this Fire lay'n all this while, so many hundred years together, that no Smoak should appear till it burst out now, to consume me and my Children? Hard it is, and extream hard, in my Opinion, that a Punishment should Precede the Promulgation of a Law; that I should be Punished by a Law Subsequent to the Act done. I most humbly beseech your Lordships, take that into Consideration; for, certainly it were better a great deale to live under no Law, but the Will of Man, and Conform our selves in Humane Wisdom, as well as we could; and, to Comply with that Will, then to live under the Protection of a Law, as we think, and then a Law should be made to punish us, for a Crime precedent to the Law: then I conceive no Man living could be safe, if that should be admitted.

My Lords, it is hard in another respect, that there should be no To∣kens set upon this Offence, by which we may know it; no manner of To∣ken given; no Admonition by which we might be aware of it. If I pass down the Thames in a Boat, and run and Split my self upon an Anchor, if there be not a Buoy to give me warning, the Party shall give me Damages; but, if it be Marked out, then it is at my own peril. Now, my Lords, Where is the Mark set upon this Crime? Where is the Token by which I should discover? if it be not Marked, if it lie under-Water, and not a∣bove, there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly. Let us then lay aside all that is Humane Wisdom, let us rely onely upon Divine Revelation; for, certainly, no∣thing else can preserve us, if you will Condemn us before you tell us where the Fault is, that we may avoid it.

My Lords, may your Lordships be pleased to have that regard to the Peerage of England, as never to suffer your selves to be put upon those Moot-points, upon such Constructions, and Interpretations, and Strictness of Law, as these are, when the Law is not clear nor known: If there must be a Tryal of Wits, I do most humbly beseech your Lordships to consider, that the Subject may be of something else, then of your Lives and your Honors.

My Lords, We find, that in the Primitive time, on the Sound and Plain Doctrine of the blessed Apostles, they brought in their Books of Curious Art, and burnt them.

My Lords, it will be likewise, under favour (as I humbly conceive) Wisdom and Providence in your Lordships, for your selves and posteri∣ties, for the whole Kingdom, to cast from you into the Fire, those Bloody and Misterious Volumes, of Constructive and Arbitrary Trea∣sons, and to betake your selves to the Plain Letter of the Statute, that tells you where the Crime is, that so you may avoid it; and let us not, my Lords, be ambitious to be more Learned in those Killing Arts, then our Fore-fathers were before us.

My Lords, It is now full Two hundred and forty years since any Man ever was Touch'd, to this Height, upon this Crime, before my self; We have lived, my Lords, happily to our selves at Home, we have lived Gloriously Abroad to the World; let us be content with that

which our Fathers left us, and let us not awake those Sleepy Lyons to our own Destruction, by Ratling up of a Company of Records, that have lay'n for so many Ages by the Wall, Forgotten, or Neglect∣ed.

My Lords, There is this that troubles me extreamly, least it should be my Misfortune to all the rest (for my other Sins, not for my Trea∣sons) that my Precedent should be of that Disadvantage (as this will be, I fear, in the Consequence of it) upon the Whole KING∣DOM.

My Lords, I beseech you therefore, that you will be pleased seri∣ously to consider it, and let my particular Case be so looked upon, as that you do not, through me, Wound the Interest of the Com∣mon-Wealth: For, howsoever those Gentlemen at the Bar say, They Speak for the Common-Wealth, and they believe so; yet, under fa∣vour, in this particular, I believe I Speak for the Common-Wealth too; and, that the Inconveniencies and Miseries that will follow upon this, will be such, as it will come, within a few years, to that which is exprest in the Statute of Henry the Fourth, it will be of such a Con∣dition, that no Man shall know what to do, or what to say.

Do not, my Lords, put greater Difficulty upon the Ministers of State, then that with Chearfulness they may Serve the King and the State; for, if you will Examine them by every Grain, or every little Weight, it will be so heavy, that the publick Affaires of the King∣dom will be left waste, and no man will meddle with them, that hath Wisdom, and Honor, and Fortune to lose.

My Lords, I have now troubled your Lordships a great deal longer, then I should have done; were it not for the Interest of those PLEDGES, that a Saint in Heaven left me, I would be loth, my Lords—(here his Weeping stopt him) what I forfeit for my self it is nothing; but, I confess, that my Indiscretion should Forfeit for them, it wounds me very deeply. You will be pleased to pardon my Infirmity; something I should have said; but, I see I shall not be able, and therefore I will leave it.

And now, my Lords, for my Self, I thank God I have been, by his Good Blessing towards me, taught, That the Afflictions of this pre∣sent Life, are not to be compared with that Eternal. Weight of Glory, that shall be Revealed for us hereafter: And so, my Lords, even so, with all Humility, and with all Tranquility of Mind, I do submit my self clear∣ly and freely to your Judgments; and, whether that Righteous Judg∣ment shall be to Life, or to Death,

Te Deum Laudamus, Te Dominum Confitemur.

THE SPEECH OR DECLARATION Of John Pym, Esq

MY LORDS,

MAny dayes have been spent, in maintenance of the impeachment of the Earl of Strafford, by the House of Commons, whereby he stands charged with High Treason; and your Lordships have heard his Defence with patience, and with as much Favour as Justice would allow. We have passed through our Evidence, and the result of all this is, that it remains clearly proved, That the Earl of Strafford hath endeavoured by his Words, Actions, and Coun∣sels, to subvert the Fundamental Laws of England and Ireland, and to introduce an Arbitrary and Tyrannical Government.

This is the envenomed Arrow for which he inquired, in the beginning of his replication this day, which hath infected all his Blood; This is that intoxicating Cup, (to use his own Metaphor) which hath tainted his Judgement, and poisoned his Heart: from hence was infused that spe∣cifical difference, which turned his Speeches, his Actions, his Counsels, into Treason; not cumulativè, as he exprest it, as if many misdemeanors could make one Treason; but formally and essentially. It is the end that doth inform Actions, and doth specificate the nature of them, making not only criminal, but even indifferent Words and Actions to be Treason, being done and spoken with a Treasonable intention.

That which is given to me in charge, is to shew the quality of the offence, how hainous it is in the nature, how mischievous in the effect of it, which will best appear, if it be examined by that Law, to which he himself appealed, that Universal, that Supream Law, Salus populi: This is the Element of all Laws, out of which they are derived, the end of all Laws, to which they are designed, and in which they are perfected; How far it stands in opposition to this Law, I shall endavour to shew in some considerations, which I shall present to your Lordships, all arising out of the evidence which hath been opened.

The First is this, It is an offence comprehending all other offences; here you shall find several Treasons, Murthers, Rapines, Oppressions, Perjuries.

The Earth hath a Seminary Virtue, whereby it doth produce all Herbs and Plants, and other vegitables: There is in this Crime a Seminary of all evils hurtful to a State; and if you consider the reasons of it, it must needs be so: the Law is that which puts a difference betwixt good and evil, betwixt just and unjust; if you take away the Law, all things will fall into a confusion, every man will become a Law to himself, which in the depraved condition of humane nature, must needs produce many great enormities, Lust will become a Law, and Envy will become a Law, Co∣vetousness and Ambition will become Laws; and what dictates, what de∣cisions such Laws will produce, may easily be discerned in the late Go∣vernment of Ireland: The Law hath a power to prevent, to restrain, to repair evils; without this, all kind of mischief and distempers will break in upon a State.

It is the Law that doth entitle the King, to the Allegiance and Service of his People; it entitles the People to the Protection and Justice of the King. It is God alone who subsists by himself, all other things subsist in a mutual dependence, and relation. He was a wise man that said, that the King subsisted by the field that is tilled: it is the labour of the people that supports the Crown: If you take away the protection of the King, the vigor and cheerfulness of Allegiance will be taken away, though the ob∣ligation remain.

The Law is the boundary, the measure betwixt the Kings Prerogative, and the Peoples Liberty; whilst these move in their own Orbs, they are a support and a security to one another; the Prerogative a cover and de∣fence to the Liberty of the People, and the people by their Liberty are enabled to be a foundation to the Prerogative, but if these bounds be so removed, that they enter into contestation and conflict, one of these mis∣chiefs must ensue: If the Prerogative of the King overwhelme the Liberty of the People, it will be turned into Tyranny; if Liberty undermine the Prerogative, it will grow into Anarchy.

The Law is the safeguard, the custody of all private Interest, your Ho∣nors, your Lives, your Liberties and Estates, are all in the keeping of the Law; without this, every man hath a like right to any thing, and this is the condition into which the Irish were brought by the Earl of Strafford: And the reason which he gave for it, hath more mischief in it, than the thing it self, they were a conquered Nation. There cannot be a word more pregnant and fruitful in Treason, than that word is. There are few Nations in the world, that have not been conquered, and no doubt but the Conqueror may give what Laws he pleases to those that are con∣quered: but if the succeeding pacts, and agreements, do not limit and restrain that Right, What People can be secure? England hath been con∣conquered, and Wales hath been conquered, and by this reason, will be in little better case than Ireland: if the King, by the right of a Conque∣ror, gives Laws to his People; shall not the People by the same reason, be restored to the right of th e Conquered, to recover their Liberty if

they can? What can be more hurtful, more pernicious to both, than such propositions as these? And in these particulars is determined the first Con∣sideration.

The Second Consideration is this; This Arbitrary Power is dangerous to the Kings Person, and dangerous to his Crown: it is apt to cherish Am∣bition, Usurpation, and Oppression in great Men, and to beget Sedition and Discontent in the People; and both these have been, and in reason must ever be, causes of great trouble and alteration to Princes and States.

If the Histories of those Eastern Countreys be perused, where Princes order their affairs according to the mischievous Principles of the Earl of Strafford, loose and observed from all rules of Government, they will be found to be frequent in Combustions, full of Massacres, and of the tra∣gical ends of Princes. If any man shall look into our own stories, in the times when the Laws were most neglected, he shall find them full of com∣motions, of civil distempers; whereby the Kings that then Reigned, were always kept in want and distress; the People consumed with Civil Wars; and by such wicked Counsels as these, some of our Princes have been brought to such miserable ends, as no honest heart can remember, with∣out horror and earnest Prayer, that it may never be so again.

The Third Consideration is this, The Subversion of the Laws; and this Arbitrary Power, as it is dangerous to the Kings Person, and to his Crown, so is it in other respects, very prejudicial to His Majesty in His Honor, Profit, and Greatness; and yet these are the Gildings and Paintings that are put upon such Counsels; These are for your Honor, for your Service; whereas in truth they are contrary to both: But if I shall take off this varnish, I hope they shall then appear in their own Native deformity; and therefore I desire to consider them by these Rules.

It cannot be for the Honor of the King, that His Sacred Authority should be used in the practise of Injustice and Opprssion; That His Name should be applyed to patronize such horrid crimes, as have been represent∣ed in Evidence against the Earl of Strafford; and yet how frequently, how presumptuously his Commands, his Letters, have been vouched through∣out the course of this Defence? Your Lordships have heard, when the Judges do Justice, it is the Kings Justice, and this is for His Honor, be∣cause He is the fountain of Justice: But when they do Injustice, the of∣fence is their own; but those Officers and Ministers of the King, who are most officious in the exercise of this Arbitrary Power, they do it common∣ly for their advantages, and when they are questioned for it, then they fly to the Kings Interest, to His Direction: And truly my Lords, this is a very unequal distribution for the King, that the dishonor of evil courses should be cast upon him, and they to have the advantage.

The prejudice which it brings to him in regard of his profit, is no less apparent, it deprives him of the most beneficial, and most certain Reve∣nue of his Crown, that is, The voluntary Aids and Supplies of His Peo∣ple; His other Revenues, consisting of goodly Demeans, and great Man∣nors, have by Grants been alienated from the Crown, and are now ex∣ceedingly diminished and impaired: But this Revenue, it cannot be sold, it cannot be burdened with any Pensions or Annuities, but comes in∣tirely

to the Crown. It is now almost Fifteen years since His Majesty had any Assistance from His People; and, these illegal wayes of supplying the King were never prest with more Violence and Art, then they have been in this time; and yet I may, upon very good grounds, affirm, That in the last Fifteen years of Queen Elizabeth, She received more, by the Bounty and Affection of Her Subjects, then hath come to His Majesties Coffers, by all the inordinate and rigorous courses which have been taken. And, as those Supplies were more beneficial, in the Receipt of them, so were they like in the use and imployment of them.

Another way of prejudice to His Majesties profit, is this: Such Arbitra∣ry Courses Exhaust the people, and disable them, when there shall be oc∣casion, to give such plentiful Supplies, as otherwise they would do. I shall need no other proofe of this, then the Irish Government under my Lord of Strafford, where the Wealth of the Kingdom is so consumed, by those horrible Exactions and Burdens, that it is thought, the Subsidies late∣ly granted, will amount to little more than half the proportion of the last Subsidies. The two former wayes are hurtful to the Kings profit, in that respect which they call Lucrum Cessans, by diminishing his Receipts; But, there is a third, fuller of mischiet; and, it is in that respect, which they call Damnum emergens, by increasing his Disbursements: such irregu∣lar and exorbitant attempts upon the Liberties of the People, are apt to produce such miserable Distractions and Distempers, as will put the King and Kingdomes to such vast Expences and Losses in a short time, as will not be recovered in many years: We need not go far to seek a proof of this, these two last years will be a sufficient Evidence, within which time I assure my self, it may be proved, that more Treasure hath been wasted, more loss sustained by His Majesty and His Subjects, then was spent by Queen Elizabeth in all the War of Tyron, and in those many brave At∣tempts against the King of Spain, and the Royal Assistance which she gave to France, and the Low Countries, during all Her Reign.

As for greatness, this Arbitrary Power is apt to hinder and impair it, not onely at home, but abroad. A Kingdom is a Society of men conjoyn∣ed under one Government, for the Common good: The World is a So∣ciety of Kingdomes and States. The Kings Greatness consists not onely in His Dominion over His Subjects at home, but in the Influence which he hath upon States abroad; That He should be great even among Kings, and by His Wisdom and Authority, so to incline and dispose the Affairs of other States and Nations, and those great events which fall out in the World, as shall be for the good of Mankind, and for the Peculiar advan∣tage of His own People. This is the most glorious, and magnificent great∣ness, to be able to relieve distressed Princes, to support his own Friends and Allies, to prevent the Ambitious Designs of other Kings; and, how much this Kingdom hath been impaired in this kind, by the late mischie∣vous Counsels, your Lordships best know; who, at a near distance, and with a more clear sight, do apprehend these publick and great affairs, then I can do. Yet thus much I dare boldly say, that if His Majesty had not, with great Wisdom and Goodness, forsaken that way, wherein the Earl of Strafford had put Him, we should, within a short time, have been brought into that miserable condition, as to have been useless to our Friends, con∣temptible to our Enemies, and uncapable of undertaking any great De∣sign, either at home or abroad.

A fourth consideration is, That this Arbitrary and Tyrannical Pow∣er, which the Earl of Strafford did exercise in his own Person, and to which he did advise His Majesty, is inconsistent with the Peace, the Wealth, the Prosperity of a Nation; It is destructive to Justice, the Mother of Peace; to Industry, the spring of Wealth; to Valour, which is the active Virtue, whereby the prosperity of a Nation can only be pro∣cured confirmed, and enlarged.

Its not only apt to take away Peace, and so intangle the Nation with Wars, but doth corrupt Peace, and puts such a malignity into it, as produceth the effects of War. We need seek no other proof of this, but the Earl of Straffords Government, where the Irish, both Nobility and others, had as little security of their Persons or Estates in this peaceable time, as if the Kingdom had been under the rage and fury of War.

And as for Industry and Valour, who will take pains for that, which when he hath gotten, is not his own? or who fight for that wherein he hath no other interest, but such as is subject to the Will of another? The antient encouragement to men, that were to defend their Countreys, was this, That they were to hazard their Person, pro Aris & focis, for their Religion, and for their Houses; But by this Arbitrary way which was practised in Ireland, and counselled here; no man had any certainty, ei∣ther of Religion, or of his House, or any thing else to be his own; But besides this, such Arbitrary courses have an ill operation upon the cou∣rage of a Nation, by embasing the hearts of the People: A servile con∣dition does for the most part beget in men a slavish temper and dispo∣sition. Those that live so much under the Whip, and the Pillory, and such servile Engines, as were frequently used by the Earl of Strafford, they may have the dregs of valour, sullenness and stubborness, which may make them prone to mutinies and discontents; But those noble and gallant affections, which put men to brave designs and attempts for the preser∣vation or enlargement of a Kingdom, they are hardly capable of. Shall it be Treason to embase the Kings Coin, though but a piece of Twelve-pence, or Six-pence? and must it not needs be the effect of a greater Trea∣son, to embase the Spirits of his Subjects, and to set a stamp and character of servitude upon them, whereby they shall be disabled to do any thing, for the service of the King and Commonwealth?

The fifth Consideration is this, that the exercise of this Arbitrary Go∣vernment in times of suddain danger, by the invasion of an enemy, will disable His Majesty to preserve himselfe and His Subjects from that dan∣ger. This is the only pretence by which the Earl of Strafford, and such other mischievous Counsellors, would induce His Majesty to make use of it; and if it be unfit for such an occasion, I know nothing that can be alledged in maintainance of it.

When War threatens a Kingdom by the coming of a Forreign Enemy, it is no time then to discontent the people, to make them weary of the present Government, and more inclinable to a change; The supplies which are to come in this way, will be unready, uncertain, there can be no as∣surance of them, no dependance upon them, either for time or proportion: And if some Money be gotten in such a way, the distractions, divisions, distempers, which this course is apt to produce, will be more prejudicial

to the publique safety, than the Supply can be advantagious to it, and of this we have had sufficient experience the last Summer.

The Sixth, That this crime of subverting the Laws, and introducing an Arbitrary and Tyrannical Government, is contrary to the Pact and Co∣venant betwixt the King and his People; that which was spoken of be∣fore, was the legal union of Allegiance and Protection; this is a personal union by mutual agreement and stipulation, confirmed by Oath on both sides: The King and his People are obliged to one another in the nearest relations, he is a Father and a Child, is called in Law pars patris: He is the Husband of the Common-wealth, they have the same interests, they ara inseparable in their condition, be it good or evil; he is the Head, they are the Body; there is such an incorporation as cannot be dissolved, without the destruction of both.

When Justice Thorp in Edward the III. time, was by the Parliament con∣demned to death for Bribery, the reason of that Judgement is given, be∣cause he had broke the Kings Oath, not that he had broke his own Oath, but he had broken the Kings Oath, that solemn and great Obligation, which is the security of the whole Kingdom: If for a Judge to take a small sum, in a private Cause, was adjudged capital, how much greater was this of∣fence, whereby the Earl of Strafford hath broken the Kings Oath in the whole course of his Government in Ireland, to the prejudice of so many of His Majesties Subjects in their Lives, Liberties, and Estates, and to the dan∣ger of all the rest?

The Doctrine of the Papists Fides non est servanda cum Haereticis, is an abominable Doctrine; yet that other Tenet, more peculiar to the Jesuits, is more pernicious, whereby Subjects are discharged from their Oath of Allegiance to their Prince, whensoever the Pope pleaseth; This may be added to make the third no less mischievous and destructive to humane Society, than either of the rest. That the King is not bound by that Oath which he hath taken, to observe the Laws of the Kingdom, but may when he sees cause, lay Taxes and Burthens upon them without their consent, contrary to the Laws and Liberties of the Kingdom, This hath been Preached and published by divers; And this is that which hath been pra∣ctised in Ireland by the Earl of Strafford, in his Government there, and en∣deavoured to be brought into England, by his Counsel here.

The Seventh is this; It is an offence that is contrary to the end of Go∣vernment; The end of Government was to prevent oppressions; to limit and restrain the excessive power and violence of great men, to open the passages of Justice, with indifferency towards all; This Arbitrary Power is apt to induce and encourage all kind of insolencies.

Another end of the Government, is to preserve men in their Estates, to secure them in their Lives and Liberties; but if this design had taken ef∣fect, and could have been setled in England, as it was practised in Ireland, no man would have had more certainty in his own, then Power would have allowed him; but these two have been spoken of before; there are two behind more important, which have not yet been touched.

It is the end of Government, that Virtue should be cherish'd, Vice sup∣prest; but where this Arbitrary and unlimited Power is set up, a way is open, not only for the security, but for the advancement and encourage∣ment of evil; such men as are apt for the execution and maintenance of this Power, are only capable of preferment; and others who will not be instruments of any unjust commmands, who make a conscience to do no∣thing against the Laws of the Kingdom, and Liberties of the Subject, are not only not passable for employment, but subject to much jealousie and danger.

It is the end of Government, that all Accidents and Events, all Coun∣sels and Designs should be improved to the publique good: But this Ar∣bitrary Power is apt to dispose all, to the maintainance of it self. The wis∣dome of the Council Table; The authority of the Courts of Justice; The industry of all the Officers of the Crown, have been most carefully exer∣cised in this; the Learning of our Divines, the Jurisdiction of our Bi∣shops have been moulded and disposed to the same effect, which though it were begun before the Earl of Straffords imployment, yet it hath been exeedingly furthered and advanced by him.

Under this colour and pretence of maintaining the King's Power and Prerogative, many dangerous practises against the peace and safety of the Kingdom, have been undertaken and promoted. The increase of Popery, and the favours and encouragement of Papists have been, and still are a great grievance and danger to the Kingdom: The innovation, in matters of Religion, the Usurpations of the Clergy, the manifold burthens and taxations upon the people, have been a great cause of our present distem∣pers and disorders; and yet those who have been chief furtherers and actors of such mischiefs, have had their Credit and Authority from this; that they were forward to maintain this power. The Earl of Strafford had the first rise of his Greatness from this; and in his Apology and Defence, as your Lordships have heard, this hath had a main part.

The Royal Power and Majesty of Kings is most Glorious in the Pros∣perity and happiness of the People; the perfection of all things consists in the end, for which they were ordained, God only in his own end, all o∣ther things, have a further end beyond themselves, in attaining whereof, their own happiness consists: if the means and the end be set in opposition to one another, it must needs cause an impotency and defect of both.

The Eighth Consideration, is the vanity and absurdity of those excu∣ses and justifications, which he made for himself, whereof divers particu∣lars have been mentioned in the course of this Defence.

1. That he is a Counsellor, and might not be questioned for any thing which he advised according to his Conscience; The ground is true, there is a liberty belongs to Counsellors, and nothing corrupts Counsels more than Fear; He that will have the priviledge of a Counsellor, must keep within the just bounds of a Counsellor; those matters are the proper sub∣jects of Counsel, which in their times and occasions, may be good or be∣neficial to the King or Common-wealth; But such Treasons as these, the subversion of the Laws, violation of Liberties, they can never be good

or justifiable by any circumstance, or occasion; and therefore his being a Counsellor, makes his fault much more hainous, as being committed a∣gainst a greater Trust, and in a way of much mischief and danger, least His Majesties Conscience and Judgement (upon which, the whole course and frame of His Government, do much depend) should be poysoned and infected with such wicked Principles and Designes: And this he hath endeavoured to do, which by all Laws, and in all Times hath in this King∣dom been reckoned a crime of an high Nature.

2. He labours to interest your Lordships in his Cause, by alleadging, it may be dangerous to your selves, and your posterity, who by your Birth are fittest to be near His Majesty, in places of Trust and Authority, if you should be subject to be questioned for matters delivered in Council. To this was answered, That it was hoped their Lordships would rather labour to secure themselves, and their posterity, in the exercise of their Virtues, than of their Vices, that so they might, together with their own Honor and Greatness, preserve the Honor and Greatness, both of the King and Kingdom.

3. Another excuse was this, That whatsoever he hath spoken, was out of good intention. Sometimes good and evil, truth and falshood, lye so near together, that they are hardly to be distinguished: Matters hurt∣ful and dangerous, may be accompanied with such circumstances, as may make it appear useful and convenient, and in all such cases, good inten∣tion will justify evil Counsel; But where the matters propounded are evil in their own nature, such as the matters are, wherewith the Earl of Straf∣ford is charged, to break a publique Faith, to subvert Laws and Govern∣ment: they can never be justied by any intentions, how good soever they be pretended.

4. He alleadgeth it was a time of great necessity and danger, when such Counsels were necessary for preservation of the State. Necessity hath been spoken of before, as it relates to the Cause; now it is consider∣ed as it relates to the Person; if there were any necessity, it was of his own making; he by his evil Counsel had brought the King into a necessity, and by no rules of Justice can be allowed to gain this advantage by his own fault, as to make that a ground of his justification which is a great part of his offence.

5. He hath often insinuated this, That it was for His Majesties service, in maintainance of that Sovereign Power, with which he is intrusted by God, for the good of his People. The Answer is this, No doubt but that Sovereign Power wherewith His Majesty is intrusted for the publique good, hath many glorious effects, the better to inable him thereunto; But without doubt, this is none of them, That by his own Will, he may lay any Tax or Imposition upon His people, without their consent in Parliament. This hath now been five times adjudged by both Houses, in the case of the Loans, in condemning Commissions of Excise, in the resolution upon the saving of∣fered to be saved to the Petition of Right, in the sentence against Manwa∣ring, and now Lutell, in condemning the Shipmoney; And if the Sovereign Power of the King, can produce no such effect as this, the Allegation of it is an aggravation, and no diminution of his offence, because thereby he doth labour to interest the King against the just grievance and complaint of the People.

6. This Counsel was propounded with diverse Limitations and Provisi∣ons; for securing and repairing the Liberty of the People. This implies a contradiction to maintain an Arbitrary and Absolute Power, and yet to restrain it with Limitations and Provisions, for even those limitations and provisions, will be subject to the same absolute power, and to be dispen∣sed in such manner, and at such time, as it self shall determine; let the Grievances and Oppressions be never so heavy, the Subject is left with∣out all remedy, but at His Majesties own pleasure.

7. He alleadgeth, They were but Words, and no effect followed; this needs no Answer: but, that the Miserable Distempers into which he hath brought all the three Kingdomes, will be Evidence sufficient, that his Wicked Counsels have had such Mischievous Effects within these two or three last years, that many years peace will hardly repair those losses, and other great Mischiefs which the Common-Wealth hath sustained.

8. These Excuses have been collected out of the several Parts of his de∣fence, perchance some others are omitted, which I doubt not have been Answered by some of my Collegues, and are of no Importance, either to perplex or to hinder your Lordships Judgment touching the hainousness of this Crime.

The 9^th consideration is this, That if this be Treason, in the Nature of it, it doth exceed all other Treasons in this, That in the Design and Endeavour of the Author, it was to be a constant and permanent Trea∣son; other Treasons are Transient, as being confined within those parti∣cular Actions and Proportions, wherein they did consist, and those being past, the Treason ceaseth.

The Powder Treason was full of horror and maglignity, yet it is past many years since: The Murder of that Magnanimous and Glorious King, Henry the Fourth of France, was a great and horrid Treason; and so were those manifold Attempts against Queen Elizabeth of blessed Memory; but, they are long since past; the Detestation of them onely remains in Histo∣ries, and in the minds of men, and will ever remain: But, this Treason, if it had taken effect, was to be a standing perpetual Treason, which would have been in continual Act, not determined within one time or Age, but transmitted to Posterity, even from one generation to another.

The 10^th Consideration is this, That as it is a Crime odious in the Na∣ture of it, so it is odious in the Judgment and Estimation of the Law: To alter the setled Frame and Constitution of Government, is Treason in any state. The Laws, whereby all other parts of a Kingdom are preserved, should be very vain and defective, if they had not a power to secure and preserve themselves.

The Forfeitures inflicted for Treason, by our Law, are of Life, Honor and E∣state, even all that can be forfeited; and, this Prisoner having committed so many Treasons, although he should pay all these Forfeitures, will be still a De∣btor to the Common-wealth: nothing can be more equal, then that he should perish by the Justice of that Law, which he would have Subverted; neither will this be a new way of Blood, There are Marks enough to trace this

Law to the very Original of this Kingdom: and if it hath not been put in Execution, as he alleadgeth, this 240 years, it was not for want of Law, but, that all that time hath not bred a man, bold enough to commit such Crimes as these; which is a circumstance, much aggravating his Offence, and making him no whit less liable to punishment, because he is the onely Man, that in so long a time hath ventured upon such a Treason as this.

It belongs to the Charge of another, to make it appear to your Lord∣ships, that the Crimes and Offences proved against the Earl of Strafford, are High-Treason by the Lawes and Statutes of this Realme, whose Learn∣ing and other Abilities are much better for that Service: But, for the time and manner of performing this, we are to resort to the Direction of the House of Commons, having in this, which is already done, dispatched all those Instructions which we have received; and, concerning further Proceedings, for clearing all Questions and Objections in Law, your Lord∣ships will hear from the House of Commons in Convenient time.

THE ARGUMENT Of Mr. LANE, The PRINCE'S ATTORNY-GENERAL, On the Behalf of the Earl of STRAFFORD, In Point of Law,

MY Lords, I shall not at all touch the Matter of Law, further than to clear your Judgments of one Statute only, viz. 25 E. 3. because when the same was Al∣leadged by the Lord Strafford, in his own Defence, that not being Convict of the Letter thereof, he could not be Convict of Treason: Remember the Salvo of the Statute was much insisted upon, by those from the House of Commons, as much Conducing to their Ends. My Lords, I will first speak of the Statute it self, and then of it's Salvo or Provision. The Statute is, That if any Man shall Intend the Death of the King, His Queen, their Children; kill the Chancellor, or Judge upon the Bench, Imbase the Kings Coyn, or Counterfeit the Broad-Seal, &c. he shall be Convict, and Punisht as a Traytor: That the Lord Strafford comes not within the Letter of this Statute, is not so much as once alleadged, nor indeed it cannot be with any Reason; All that can be said is, That by Relation, or by Argument (a Mi∣nore ad Majus) he may be drawn into it; yet, that this cannot be, I hum∣bly offer these Considerations.

First. This is a Declarative Law, and such are not to be taken by way of Consequence, Equity, or Construction, but by the Letter only; otherwise they should imply a Contradiction to themselves, and be no more Declara∣tive Laws, but Lawes of Construction, or Constitutive.

Secondly. This is a Penal Law, and such (if our Grounds, hitherto unquestion'd, hold good) can admit of no Constructions, or Inferences: for Penalties are to perswade the Keeping of Known Lawes, not of Lawes Conjectural, Ambiguous, and by Consequence (which perhaps the most Learned may not, in their Disputes, question, much less the Subject (who is not obliged to Interpret the Statute) doubt of, in the point of Obedi∣ence; yea, rather, without any doubt, he is rather to obey the Letter of the Statute, and conceive (and that truly) that he is not liable to the Penalty.

Thirdly, We have a Notable Law, 13 Eliz. cap. 2. whereby it is de∣clared, That the Bringing in of Bulls from Rome, to stir up the Subject to Mutiny and Rebellion, shall be punished as Treason: Now, if by In∣terpretation, or by Consequence, this Sence might have been thrust upon the Preceding Statutes, the making of this had been superfluous; yea, the Persons then charged with that Crime, might have been impeached of Trea∣son, even before the making of this Act.

Anno 21 Edw. 3. We have a Statute, declaring, That for a Servant to Kill his Master, is an Act of Treason; and, in the 23^th year of the same King, a Process of Treason was framed against a Man for Killing his Fa∣ther, grounded upon the same Argument a Minore ad Majus: But, it was found, and the Sentence is yet in Records, that although in the 21^th year of Edward the Third, that Argument might have been admitted, yet in the 27^th it could not, by Reason of the Declarative Law, Interven∣ing in the 25^th year; and, this Case comes very home to the Point in Law.

My Lords, I will not demand, What kind of Offence it may be, for a Man to Subvert the Fundamental Laws of the Kingdom? the Crime, doubtless, is Unnatural and Monstrous, and the Punishment must keep the same Proportion; only I Presume to Offer these few things to your Lord∣ships Consideration.

1. That one, or more Acts of Injustice, whether Malitiously or Igno∣rantly done, can, in no sence of Law, be called, The Subversion of the Fundamental Laws; if so, as many Judges (perhaps) so many Tray∣tors; 'tis very Incident to Mans Nature to erre; nor doth the Lord Straf∣ford plead his Innocency in Oversights, but in Treason.

2. I do Remember the Case of Iohn de la Pole Duke of Suffolk; this Man, in the 28^th of Henry the Sixth, was Charged by the House of Com∣mons with Articles of Treason, and those too very like to these against my Lord Strafford.

• I. That he had given the King bad Advices.
• II. That he had Embased His Coyn.
• III. That he had Sessed Men of War.
• IV. That he had given out Summary Decrees.
• ...

• V. That he had Imposed Taxes.
• VI. That he had Corrupted the Fountain of Justice.
• VII. That he had perswaded the King to Unnecessary War, and the giving over of Anjou in France.

And, for all these, though he was charged with High Treason, for wrong∣ing the Right of the Subject, and Subverting the Fundamental Lawes of the Kingdom, yet, after a long agitation, the Matter was found, by the Lords of the Parliament, not to Imply Treason, but only Felony: Add to this another, who, in the 23^d of Henry the Eighth, was Charged for subverting the English Laws, and yet no Treason charg'd upon him. Add to both, the Charge of Richard Larkes, Pleaded at the Common-Pleas, who was Charged with Treason, for Subverting the Law, but Convicted onely of Felony: By which you may see, my Lords, what to this time hath been Subverting the Lawes.

3. It is very considerable, That the Lord Strafford is not charged to have Subverted, but onely to have Intended to Subvert the Fundamen∣tal Lawes; and this, I conceive, if there were no more, might keep him free from that Statute, the 25^th of Edward the Third. For, although, as touching the King, His Queen and Children, Intention is Treasonable; yet, in all other things there mentioned, there must be Action besides Intenti∣on: for, it is not said, If a Man do intend to Kill a Chancellor, it shall be Treason, but if he doth Kill him, and if he doth actually Counter∣feit the Broad Seal: And, although a Man should prepare a Furnace, make ready his Stamp, melt his Bullion, yet if he gives not the Kings Im∣pression upon the Coyn, all his Intentions, yea, his Preparations will not serve to make up a Treason.

Ye see therefore my Lords, that the Body of the Statute cannot stick against the Lord Strafford, neither in Letter nor Consequence, this is not, that must not be: All that can be said, is, That the Fact may be Treason by the Common Law. For my part, I profess my Ignorance, who ever thought the Common Law might declare, but never make a Treason; it might be presupposed, that there is a Statute whereupon to build a De∣claration; and therefore, to say there is no Statute for it, it is to say, It is no Treason at all: the Statute ever makes the Treason, and to be declared Treason, either by Common Law, or by Parliament, are but two different wayes of proceedings, and must both resolve into one Principle; nay, and which comes home to the Point, in the 21 of Edward the Third; To kill a Man, employed in the Kings War, was Treason: and, the 23^d, to kill the King's Messenger was Treason, by Declaration of the Common Law, but alwayes by reason of the Statute; yet none of these are Treasons, but Fe∣lonies onely, because of the intervening Statute of the 25^th of Edward the Third; such hath ever been thought the force of its Letter and De∣claration: and so I will leave it, and a word or two of the Salvo, which is this, That because all particulars could not be enumerated, therefore what the Parliament should declare to be Treasonable in time to come, should be punished as a Treason.

And, according to this Reservative, in the 8^th year of King Richard the Second, one charged before the Kings Bench, was afterwards referred to the Parliament; and there, though the Fact was not contained in the Bo∣dy of the Statute, yet because of the Proviso afore-mentioned, it was Ad∣judged Treason.

In the 11th year of the same King, the Duke of Ireland, and Nevill Archbishop of York, were Impeached of High-Treason by Gloucester, A∣rundel, and Warwick, and, notwithstanding the Statute, were convicted thereof by the Salvo; but, in the 21 of the same Richard the 2^d the Tide turned, and the King had such a Hand with the Parliament, that the Sen∣tence was Recalled, and those Three Noblemen themselves were Adjudg∣ed Traytors; again in the 1 of Hen. the Fourth His Successor, that Revo∣cation of the 21 Richard the Second was Repealed, and the Sentence of the 11th of His Reign Established: Such were the tossings too and fro of Treason, and all because of that uncertain Proviso.

Therefore it was, that in the same Parliament, the 1 Hen. the Fourth, a Petition was preferred by the Nobility, to have Treason limited with∣in some Statute; Because they knew not what to speak, or what to do for fear thereof: And, in Chap. 10. an Act was made upon this Petition, That the Salvo should be holden Repealed in all times to come, and no∣thing esteemed Treason, but what was Literally contained in the 25th of Edward the Third. And therefore it is said in the Records, That there was Great Joy at the making of this Act; in that the Drawn Sword, hang∣ing over every Mans head, by this Slender Thread of a Consequence or Il∣lation, was removed by that Act. Add to this, that in the First of Queen Mary, Cap. 1. the same is Repeated, That no Man shall be punished in Life or Estate, as a Traytor, but for the Crime contained in the Statute of 25 Edward the Third, without the least mention of the pretended Salvo.

The Earl of Northumberlands Case comes nigh to the Point, he was charged with Treason the 5th of Henry the Fourth, and if the Sta∣tute of the 1 Henry 4th, Chap. 10. whereby this Proviso is Re∣pealed, had not intervened, no doubt he had been Condemned of Trea∣son; but, he was onely Convict of Felony, and that because he could not be drawn within the Letter of the Statute of the 25th of Edward the Third. And, I dare confidently say it, that since that Act was made, the 1 Henry the Fourth, Chap. 10. whereby the Proviso is Re∣pealed, no Man hath ever been declared a Traytor, either by King or Parliament, except it were upon that, or some other Statute Literally and Declaratively taken. These two things I do offer to your Lordships Considerations, That the Lord Strafford cannot be Impeached of Trea∣son, by the Statute of 25th Edward the Third; and, that the Salvo, con∣tained in the same, stands Repealed, almost Two hundred years agoe. And this is all, I conceive, to be necessary for that Statute, which was Al∣ledged by the Lord Strafford, in his Defence, for matter of Law.

The Recorder said, He could add nothing to what the former Coun∣cel had spoken, for matter of Law; but, if their Lordships would state unto him any further Questions, he was ready to give his Resolution ac∣cording to his best ability.

Mr. St. JOHN'S ARGUMENT OF LAW; CONCERNING The Bill of Attainder, April 29th, 1641.

MY Lords, The Knights, Citizens, and Burgesses of the Commons House of Parliament, have passed a Bill, for the Attainting of Thomas Earl of Strafford of High-Treason. The Bill hath been transmitted from them to your Lordships; it concerns not him alone, but your Lordships and the Commons too, though in different respects.

It concerns his Lordship the highest that can be in the Penal Part; so it doth, on the other side, as highly concern your Lordships and the Commons, in that which ought to be the tendrest, the Judicatory with∣in that, that Judge not them who Judge him, and in that which is most Sacred amonst Men, the Publick Justice of the Kingdom.

The King is to be accounted unto, for the loss of the meanest Member, much more of one so near the Head.

The Commons are concerned in their Account for what is done, your Lordships in that which is to be done.

The business therefore of the present Conference, is to acquaint your Lordships with those things, that satisfy'd the Commons in Passing of this

Bill; such of them as have come within my capacity, and, that I can re∣member, I am Commanded from the Commons at this time, to present unto your Lordships.

My Lords, in Judgment of greatest Moment, there are but two wayes for satisfying those, that are to give them; either the Lex lata, the Law al∣ready established, or else the use of the same Power for making new Laws, whereby the old at first received life.

In the first consideration of the setled Laws, in the degrees of Punish∣ment, the Positive Law, received by General Consent, and for the Com∣mon Good, is sufficient, to satisfie the Conscience of the Judge, in giving Judgment according to them.

In several Countries, there is not the same measure of Punishment, for one and the same Offence; Willful Murder in Ireland it is Treason, and so is the wilfull Burning of a House, or a Stack of Corne: In the Isle of Man it is Felony to Steal a Hen, but not to steale a Horse; and yet the Judge in Ireland, hath as just a Ground to give Judgement of High-Treason in those Cases there, as here to give Judgment onely of Felony; and in the Isle of Man of Felony for the Hen, as here of Pety-Larceny.

My Lords, in the other Consideration of using the Supreame Power, the same Law gives power to the Parliament to make new Lawes, that enables the inferiour Court, to Judge according to the old. The Rules that guides the Conscience of the inferiour Court is from without, the Pre∣scripts of the Parliament, and of the Common-Law; in the other, the Rule is from within, that Salus populi be concerned, that there be no wilful oppression of any of the Fellow-Members, that no more Blood be ta∣ken then what is necessary for the Cure, the Lawes and Customes of the Realm as well enable the Exercise of this, as of the Ordinary and Judi∣cial Power.

My Lords, What hath been said, is because that this proceeding of the Commons by way of Bill, implies the use of the meer Legislative Power, in respect new Lawes are for the most part past by Bill.

This, my Lords, though just and legal, and therefore not wholly exclud∣ed; yet it was not the onely ground that put the Commons upon the Bill, they did not intend to make a new Treason, and to Condemn my Lord of Strafford for it; they had in it other considerations likewise, which were to this effect.

First, The Commons knew, that in all former Ages, if doubts of Law arose of great and general concernments, the Parliament was usually con∣sulted withal for resolution, which is the reason that many Acts of Parlia∣ment are onely Declarative of the Old Law, not Introductive of a New, as the Great Charter of our Liberties; The Statute of Five and Twentieth year of Edward the Third of Treasons; The Statute of the Prerogative, and of late the Petition of Right; if the Law were doubtful in this Case, they perceived the Parliament (where the old way is altered, and new Lawes made) the fittest Judge to clear this Doubt.

Secondly, My Lords, they proceeded this way, to obviate those Scru∣ples and Delayes, which through disuse of proceedings of this nature, might have risen in the manner and way of proceedings, since the Statute of the First of Hen. 4. Cap. 17. and more fully in the Roll, number 144. The proceedings of Parliament have usually been upon an Indictment first found, though in Cases of Treason particularly mentioned in the Statute

of 25 Edw. 3. which had not been done in this case; doubts likewise might rise, for Treasons, not particularly mentioned in the Statute of 25 Edw. 3. whether the Declaratory Power of Parliament be taken away, in what manner they were to be made, and by whom, they find not any Attaind∣ers of Treason in Parliament, for near this 200 years, but by this way of Bill; and again, they know that whatsoever could be done any other way, it might be done by this.

Thirdly, In respect of the Proofs and Depositions, that have been made against him; for First, although they knew not, but that the whole Evi∣dence which hath been given at the Barr, in every part of it, is sufficient∣ly comprehended within the charge, yet if therein they should be mista∣ken, if it should prove otherwise, use may justly be made of such Evidence in this way of Bill, wherein so as Evidence be given in; it's no way re∣quisite that there should have been any Articles or Charge at all; and so in the case of double Testimony upon the Statute of the 1 of Edw. 6. whe∣ther one direct Witness, with others, to circumstances, had been single or double Testimony? And although single Testimony might be sufficient to satisfy private Consciences, yet how far it would have been satisfactory in a judicial way, (where forms of Law are more to be stood upon) was not so clear; whereas in their way of Bill, private satisfaction to each mans Conscience is sufficient, although no Evidence had been given in at all.

My Lords, The proceeding by way of Bill, it was not to decline your Lordships Justice in the judicial way, in these exigends of the State and Kingdom; it was to Husband time, by silencing those doubts, they con∣ceived it the speediest and surest way.

My Lords, these are in effect, the things the Commons took into their Consideration, in respect of the manner and way of Proceeding against the Earl.

In the next place I am to declare unto your Lordships, the things they took into their Considerations, in respect of the Matter and Merits of the Cause, and they are comprehended within these six heads.

1. That there is a Treason within the Statute of 25 of Edw. III. by Levying of War upon the Matter of the 15th Article.

2. If not by actual levying of War, yet by advising, and declaring his intention of War, and that by Savil's Warrant, and advice of bringing over the Irish Army upon the Matter in the 23 Article; then intending of a War, if not within the clause of levying of a War, in the Statute of 25th Edw, 3. yet within the first Treason, of compassing the death of the King.

3. If either of these two single Acts, is within the Statute of 25th Edw. 3. yet upon putting all together, which hath been proved against him, that there's a Treason within the first Clause, of Compassing the death of the King.

Et si non Prosunt singula juncta juvant.

4. That he hath Sessed, and laid Soldiers upon the Subjects of Ireland, against their Will, and at their Charge, within the Irish Statute of the 18th year of Hen. 6th. that both Person and thing are within the Statute; That the Statute remains in force to this day, that the Parlia∣ment here hath cognizance of it, and that even in the ordinary way of Judicature, that if there be a Treason and a Traitor, that the want of Jurisdiction, in the judicial way, may justly be supplied by Bill.

5. That his endeavouring to subvert the Fundamental Laws and Go∣vernment of the Realms of England and Ireland; and instead thereof, to introduce a Tyrannical Government against Law, is Treason by the Com∣mon-Law; That Treasons at the Common-Law are not taken away by the Statute of 25th Edw. 3. 1 Hen. 4th. &c. nor any of them.

6. That as this case stands, it's just and necessary to resort to the Su∣pream Power in Parliament, in case all the rest should fail.

Of these six, five of them are Treason, within the compass of the Laws already established, Three within the Statute of 25th Edw. 3. and one with∣in the Irish Statute, the other by the Common-Law of England.

If but any one of these Six Considerations hold, the Commons conceive, that upon the whole matter, they had good cause to pass the Bill.

My Lords, For the first, of Levying War, I shall make bold to read the case to your Lordships before I speak to it, It's thus. The Earl did by War∣rant under his Hand and Seal, give Authority to Robert Savil, a Sergeant at Arms, and his Deputies, to Sesse such numbers of Soldiers, Horse and Foot, of the Army in Ireland, together with an Officer, as the Sergeant should think fit, upon His Majesties Subjects of Ireland, against their Will; this Warrant was granted by the Earl to the end, to compell the Subjects of Ireland to submit, to the unlawful Summons and Orders made by the Earl upon Paper Petitions, exhibited to him in case of private in∣terest between party and party; this Warrant was executed by Savil and his Deputies, by sessing of Soldiers, both Horse and Foot, upon divers of the Subjects of Ireland against their Wills, in warlike manner, and at divers times the Soldiers continued upon the parties, upon whom they were ses∣sed, and wasted their Goods, until such time as they had submitted them∣selves, unto those Summons and Orders.

My Lords, This is a Levying War within the Statute of 25th Edw. 3. The words of the Statute are, If any man do Levy War against our Lord the King in His Realm, this is declared Treason.

I shall endeavour in this to make clear to your Lordships,

• 1. What shall be a Levying of War, in respect of the motive or cause of it.
• 2. What shall be said a Levying of War, in respect of the action or thing done.
• 3. And in the third place, I shall apply them to the present case.

It will be granted in this levying of War, that Forces may be raised, and likewise used in Warlike manner, and yet no levying of War within the Statute, that is, when the Forces are raised and employed upon pri∣vate ends, either of revenge or interest.

Before this Statute in Edw. the 1. time, the Title of a Castle was in dif∣ference between the Earls of Hereford and Gloucester, for the maintaining of the possession on the one side, and gaining of it on the other; Forces were raised on either side of many hundred men; they marched with Ban∣ners displayed, one against another. In the Parliament, in the 20th year of Edward 1. this was adjudged only Trespass, and either of the Earls Fined 1000 Marks apiece.

After the Statute in Hillary Term, in the 15th year of Edw. the 3. in the Kings-Bench Rot. 3. Nicholas Huntercome in Warlike manner with 40 men, armed amongst other weapons, with Guns (so antient, as appears by that Record, they were) did much spoil in the Mannor of the Abby of Dorchester, in the County of Oxford, this was accounted no Treason, and so it hath been held by the Judges, That if one or more Town-ship, up∣on pretence of saving their Commons, do in a forcible and warlike man∣ner throw in inclosures, this is only a Riot, no Treason.

The words of the Statute 25 Edw. 3. clear this point, that if any man ride Armed openly or secretly with men at Arms, against any other, to kill and rob, or to detain him until he hath made Fine and Ransome for his de∣liverance, this is declared not to be Treason, but Felony or Trespass, as the Case shall require: all the printed Statutes which have it covertly or secret, are misprinted, for the words in the Parliament Roll, as appears in the 17th. are, Discovertment on Secretement, Open or Secretly.

So that my Lords, in this of Levying War, the Act is not so much to be * 16.3 considered, but as in all other Treasons and Felonies, quo animo, with what intent and purpose?

My Lords, If the end be considerable in Levying War, it may be said that it cannot be a War, unless against the King, for the words of the Sta∣tute are, If any man Levy War against the King.

That these words extend further than to the person of the King, appears * 16.4 by the words of the Statute, which in the beginning declares it to be Treason, to compass and imagine the death of the King, and after other Treasons, this is to be declared to be Treason, to Levy War against the King; If Levying of War, extend no further than to the Person of the King, these words of the Statute are to no purpose, for then the first Treason of compassing the Kings death, had fully included it before, be∣cause that he which Levies War against the Person of the King, doth ne∣cessarily compass his death.

It's a War against the King, when intended for alteration of the Laws or Government in any part of them, or to destroy any of the Great Offi∣cers of the Kingdom. This is a Levying War against the King.

1. Because the King doth protect and maintain the Laws in every part of them, and the great Officers, to whose care, he hath in his own stead, delegated the execution of them.

2. Because they are the Kings Laws, he is the Fountain from whence in their several Channels, they are derived to the Subject: all our Indict∣ments run thus, Trespasses laid to be done, Contra pacem Domini Regis, the Kings Peace for exorbitant offences, though not intended against the King's Person, against the King, his Crown and Dignity.

My Lords, this construction is made good, by divers Authorities of great weight, ever since the Statute of 25th of Edw. 3. downwards.

In R. the 2. time, Sir Tho. Talbot conspired the death of the Dukes of Gloce∣ster and Lancaster, and some other of the Peers; for the effecting of it, he had caused several People in the County of Chester, to be Armed in Warlike manner in Assemblies in the Parliament, held in the 17th year of R. 2. N^o 20. Sir Thomas Talbot being accused of High Treason for this: It's there declared, insomuch as one of them was Lord High Steward of England, and the other High Constable, that this was done in destruction of the Estates of the Realm, and of the Laws of the Kingdom, and therefore adjudged Treason, and the Judgement sent down into the Kings Bench, as appears, Easter Term, in the 17th year of R. 2. in the Kings Bench Rot. 16th. These two Lords had appeared in the 11th of R. 2 in maintain∣ance of the Act of Parliament made in the year before, one of them was of the Commissioners appointed by Parliament, and one of the Appealors of those who would have overthrown it.

The Duke of Lancaster likewise was one of the Lords, that was to have been Indicted of Treason, for endeavouring the maintenance of it; and therefore conspiring of their deaths, is said to be in destruction of their Laws; This there is declared to be Treason, that concerned the Person of the King and Common-wealth.

In that great insurrection of the Villains, and meaner People, in Richard the II. time, they took an Oath, Quod Regi & Communibus fidelitatem ser∣varent, to be true to the King and Commons, and that they would take nothing but what they paid for, punished all theft with death; here's no intendment against the Person of the King; The intent was, to establish the Laws of Villanage and Servitude, to burn all the Records, to kill the Judges: This in the Parliament of the 5th year of R. 2. N^o. 31, 32. the First Part, is declared to be Treason against the King, and against the Law.

In the 11th year of R. 2. in Parliament, the raising of Forces against the Commissioners, appointed by Act of Parliament the year before, ad∣judged Treason by all the Judges.

The Statute I^mo Mary Cap. 12. Enacts, That if 12 or more shall endea∣vour by force, to alter any of the Laws or Statutes of the Kingdom, he shall from such a time there limited, be adjudged only as a Felon. This Act was to continue but to the next Parliament, it is expired, it shews by the words only, that the offence was higher before the making it.

My Lords, In Queen Elizabeths time, Grant and divers Apprentices of Lon∣don, to the number of 200. rose, and assembled at Tower-hill, carried a Cloak upon a Pole instead of a Banner, their intent was to deliver divers Apprentices out of Prison, that had been committed upon a Sentence in the Star-Chamber for Riots, to kill the Lord Mayor of London, and for set∣ting prizes on Victuals. In Trinity Term, 37 Eliz. divers of the Judges were consulted withal, and resolved, That this was a Levying of War against the Queen, being intended against the Government and Officers of the Queen, and therefore Grant and others were executed as Traitors.

Afterwards, in that Queens time, divers of the County of Oxford con∣sulted, to go together from House to House in that County, and thence to London and other parts, to excite them to take up Arms, for the throw∣ing in of all inclosures throughout England. Nothing was done, nor no as∣sembly. Yet the Statute of 13 Eliz. Cap. 1. during the Queens Life, made it Treason, to intend, or advise to Levy War against the Queen.

In Easter Term 39 of Eliz. all the Judges of England met about the Case, it was resolved by them, that this was a War intended against the Queen; they agreed, That if it had been of one Township or more, up∣on

private interest, and claim of right of Common, it had not been Trea∣son, but this was to throw in all Inclosures through the Kingdom, where∣unto these parties should pretend no claim. That it was against the Law, in regard that the Statute of Merton gave power of Inclosures in many Cases: upon this resolution Bradsaw and Burton were executed at Aynestow-hill in Oxfordshire, the place where they intended the first Rendezvous.

So that my Lords, if the end of it be to overthrow any of the Statutes, any part of the Law and setled Government, or any of the great Officers intrusted with the execution of them, This is a War against the King.

My Lords, It will be further considerable, what shall be accounted a Levying of War, in respect of the actions and things done; there's a design to alter some part of the Laws, and present Government, for the effecting thereof, People be provided of Arms, gathered together into Troops, but afterwards march not with Banners displayed, nor do bellum percu∣tere, whether the Army themselves, and gathering together upon this de∣sign, be a War, or such prosecution of the Design with force, as makes it Treason within the Statute?

First, If this be not a War, in respect that it necessarily occasions hostile preparations on the other side.

Secondly, From the words of the Statute, shall Levy War, and be there∣of probably Attainted of open Deed, by People of their condition; altho the bare conspiring be not an open Deed, yet whether the Arming and Drawing of men together, be not an open Declaration of War?

In Sir Thomas Talbots Case before cited, in the Seventeenth year of R. II. the Acts of Force are expressed in the Parliament Roll; That he caused divers of the People of the County of Chester, to be armed in a Warlike manner in Assemblies, here is no Marching, no Banners displayed.

In the Eighth year of Hen. VIII. William Bell and Thomas Lacy in Com. Kanc. conspired with Thomas Cheyney, called the Hermite of the Queen of Faries, to overthrow the Law and Customs of the Realm; and for the ef∣fecting of it, they with Two hundred more, met together, and conclu∣ded upon a course of raising greater Forces in the County of Kent, and the adjacent Shires: This adjudged Treason; these were open Acts.

My Lords, For the application of both these, to the case in question:

First, In respect of the end of it; here was a War against the King, it was to subvert the Laws, this being the design; for the effecting of it, he assumed to his own Person an Arbitrary Power over the Lives, Liberties, and Estates of His Majesties Subjects, and determined Causes upon Paper-Petitions, at his own Will and Pleasure; Obedience must be forced by the Army, this is declared by the Warrant.

My Lords, If it be said that the Warrant expresseth not any intent of subverting the Laws; It expresseth fully one of the principal means, where∣by this was to be done, that is, obedience to his arbitrary Orders upon Paper-Petitions; This was done in reference to the main design.

In the cases of the Town of Cambridge and Sir William Cogan, they have formerly been cited to your Lordships upon other occasions, the things in themselves were not Treason, they were not a Levying of War.

In that of Cambridge, the Town met together, and in a forcible manner broke up the University-Treasury, and took out of it the Records, and Evidences of the Liberties of the University over the Town.

In the other, they of Bridgewater marched to the Hospital, and com∣pelled the Master of the Hospital, to deliver unto them certain Eviden∣ces that concerned the Town, and forced him to enter into a Bond of 200 l.

These if done upon these private ends alone, had not been a Treason, as appears by the very words of the Statute of 25 Edw. 3. before-men∣tioned, of marching openly or secretly.

But my Lords, these of Cambridge and Bridgewater, they were of the conspiracy with the Villains, as appears in the Parliament-Roll of the First year of Rich. the 2. Numb. 311. and 32. where the Towns of Cambridge and Bridgewater, are expresly excepted out of the general Pardon made to the Villains; this being done in reference to that design of the Villains, of altering the Laws; this was that which made it Treason.

If the design went no further, than the enforcing Obedience to these Paper Orders made by himself, it was sufficient it was to subvert one fun∣damental part of the Law; nay, in effect the whole Law; what use of Law, if he might order and determine of mens Estates at his own plea∣sure? This was against the Law notoriously declared in Ireland.

In the close Roll in the Tower, in the 25th year of Edward the 1. a Writ went to the Justices in Ireland (that Kingdom at that time was governed by Justices) declaring, That upon Petitions they were not to determine any Titles between party and party, upon any pretence of profit whatso∣ever to the King.

In the Eight and twentieth year of Hen. the 6th. Chap. 2. Suits in Equi∣ty not before the Deputy, but in Chancery; Suits at Common-Law, not before him, but in cases of Life in the Kings-Bench; for Title of Lands or Goods in the proper Courts of the Kings-Bench, or Common-Pleas.

This declared in the Instructions for Ireland, in the latter end of King Iames His time, and by the Proclamation in His Majesties time; my Lord took notice of them called the Commissioners, narrow-hearted Commis∣sioners.

The Law said, He should not thus proceed in the subversion of it, he saith he will, and will enforce Obedience by the Army, this is as much, in respect of the end, as to endeavour the overthrow of the Statutes of Labourers, of Victuals, or of Merton for Inclosures; here is a Warrant against the King, in respect of the end.

2. In respect of the Actions, whether there be either a Levying of War, or an open Deed, or both.

My Lords, There was an Army in Ireland at that time, of Two thou∣sand Horse and Foot; by this Warrant there is a full designation of this whole Army, and an Assignment of it over to Savill for this purpose.

The Warrant gives him power from time to time, to take as many Sol∣diers, Horse and Foot, with an Officer throughout the whole Army, as himself shall please; here is the terror and awe of the whole Army to enforce Obedience. My Lords, If the Earl had Armed two thousand men Horse and Foot, and formed them into Companies to this end, your Lord∣ships would have conceived, that this had been a War. It's as much as in the Case of Sir Thomas Talbot, who armed them in Assemblies.

This is the same with a breach of Trust added to it.

That Army which was first raised, and afterwards committed to his Trust, for the defence of the People, is now destined by him to their de∣struction. This assignation of the Army by his Warrant, under his Hand and Seal, is an open Act.

My Lords, Here's not only an open Act done, but a Levying of War, Soldiers, both Horse and Foot, with an Officer in Warlike manner asses∣sed upon the Subject, which killed their Cattel, consumed and wasted their Goods.

Your Lordships observe a great difference, where six men go upon a design alone, and when sent from an Army of six hundred, all engaged in the same service, so many were sent as were sufficient to execute the Com∣mand, if upon a poor man fewer, more upon a rich; if the six had not been able, the whole Army must make it good. The reason that the She∣riff directed alone, or but with one Bayliff to do execution, is, because he hath the Command of the Law, the Kings Writ, and the Posse Comita∣tus in case of resistance. Here's the Warrant of a General of an Army; Here's the Posse Exercitus, the Power of the Army, under the awe of the whole Army, six may force more, than sixty without it; and although ne∣ver above six in one place, yet in several parts of the Kingdom at the same time, might be above sixty; for sessing of Soldiers was frequent, it was the ordinary course for execution of his Orders.

The Lord-Lieutenant of a County in England, hath a design to alter the Laws and Government; nay, admit the design goes not so high, he only de∣clares thus much, he will order the Freeholders and Estates of the Inhabi∣tants of the County, at his own will and pleasure, and doth accordingly proceed upon Paper-Petitions, foreseeing there will be disobedience, he grants out Warrants under his Hand and Seal, to the Deputy-Lieutenants and Captains of the Trained-bands, that upon refusal, they will take such number of the Trained-Bands through the County, with Officers, as they shall think good, and lay them upon the Lands and Houses of the refusers, Soldiers in a Warlike manner are frequently sessed upon them ac∣cordingly; your Lordships do conceive, that this is a Levying of War with∣in the Statute.

The Case in question goes further in these two Respects.

That it is more against the declared Law in Ireland, not only against the Common-Law, but likewise against the Statute of 28 Hen. 6th. against the Acts of the Commissioners; against Proclamations in persuance of the Law; against that himself took notice of narrow-hearted Commissioners.

In this, that here was an Army, the Soldiers by profession, acts of Hostility from them of greater terror, than from Freeholders of the same County.

My Lords, I have now done with the First of Levying of War.

The Second is the Machination, the advising of a War.

The Case in this, rests upon a Warrant to Savile, and the advice in the 23 Article.

The Warrant shews a resolution of imploying the old Army of Ireland, to the oppression of His Majesties Subjects, and the Laws.

In the 23 Article, having told His Majesty, that he was loosed and ab∣solved from Rules of Government, and might doe every thing which Power might admit; he proceeded further in speech to His Majesty in these words; You have an Army in Ireland, you may employ to reduce this Kingdom.

My Lords, Both being put together, there's a Machination, a practice, an advice to Levy War, and by force to oppress and destroy His Majesties Subjects.

It hath been said, the Statute of the 25 Edw. 3. is a penal Law, and can∣not be taken by equity and construction, there must be an actual War; the Statute makes it Treason to counterfeit the Kings Coin, the conspiring, the raising of Furnaces is no Treason, unless he doth Nummum percutere, actually Coin.

My Lords, This is only said, not proved; the Law is otherwise, the 19th Hen 6. fol. 49. there adjudged, That the conspiring and aiding to counter∣feit Coin was Treason, and Justice Stamford (fol. 331. & 44.) is of opini∣on, that this, or the conspiring to counterfeit the Great Seal, is Treason. The Statute is, If any shall counterfeit the Great Seal, conspiring to do it by the Book, is Treason; if a man take the Broad Seal from one Patent, and put it to another, here is no counterfeiting, it's tantamount, and there∣fore Treason, as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford, If Machination or Plotting a War be not within that clause of the Statute of Levying of War, yet it is within the first, of compassing the death of the King, as that which necessarily tends to the destruction both of King and People, upon whose safety and protection he is to en∣gage himself. That this is Treason, hath been adjudged, both after the Statutes of 1 Hen. 4. cap. 10. and 1 Queen Mary; so much insisted upon on the other side. In the Third year of King Hen. 4th. one Balshal coming from London, found one Bernard at Plough, in the Parish of Ofley, in the County of Hertford, Bernard asked Balshal what news? he told him, that the news was, That King Richard the Second was alive in Scotland (which was false, for he was dead,) and that by Midsummer next, he would come into England; Bernard asked him, What were best to be done? Balshal answered, Get Men, and go to King Richard. In Michaelmas Term, in the Third year of Hen. 4th. in the Kings Bench Rot. 4. This advice of War ad∣judged Treason.

In Queen Mary's time, Sir Nicholas Throckmorton conspired with Sir Thomas Wyat, to Levy War within this Realm for alteration in Religion, he joyned not with him in the execution. This conspiracy alone declared to be Treason by all the Judges; this was after the Statute of Queen Mary, so much insisted upon.

That Parliament ended in October, this opinion was delivered the Easter Term following, and is reported by Justice Dyer, fol. 98. It's true, Sir Thomas Wyat afterwards did Levy War; Sir Nicholas Throckmorton he only conspired. This adjudged Treason.

One Story in Queen Elizabeths time practised with Foreigners, to levy War within this Kingdom, nothing done in persuance of the practice. The intent without any adhering to enemies of the Queen, or other cause, ad∣judged Treason, and he executed thereupon.

It's true my Lords, that year 13 Eliz. by Act of Parliament it's made Treason, to intend the levying of War; this Case was adjudged before the Parliament: The Case was adjudged in Hillary Term; the Parliament begun not till the April following. This my Lords, is a Case judged in point, that the practising to levy War, though nothing be done in exe∣cution of it, is Treason.

Object. It may be Objected, That in these Cases, the Conspiring being * 16.5 against the whole Kingdom, included the Queen, and was a compassing Her destruction, as well as of the Kingdoms, here the Advice was to the King.

Answ. The Answer is first, That the Warrant was unknown to His Ma∣jesty, * 16.6 that was a Machination of War against the People and Lawes, wherein His Majesties Person was engaged for Protection.

Secondly, That the Advice was to His Majesty, aggravates the Offence, it was an Attempt which was the Offence; it was an Attempt not only upon the Kingdom, but upon the Sacred Person and His Office too; him∣self was hostis patriae, he would have made the Father of it so to: No∣thing more unnatural nor more dangerous, than to offer the King Poyson to drink; telling Him that it is a Cordial is a passing of His death: the Poyson was repelled, there was an Antidote within; the Malice of the giver beyond expression. The perswading of Foreigners to invade the Kingdom, hold no proportion with this Machination of War; against the Law or Kingdom, is against the King, they cannot be severed.

My Lords, If no actual War within the Statute, if the Counselling of War, if neither of these single Acts be Treason within the Statute, The Commons, in the next place, have taken it into consideration, what the ad∣dition of his other Words, Counsels, and Actions do operate in the Case, and have conceived, that with this Addition, all being put together, that he is brought within the Statute of 25 E. 3.

The words of the Statute are, If any Man shall Compass, or Imagine the death of the King; the words are not, If any Man shall plot, or Counsel the Death of the King; No, my Lords, they go further than to such things as are intended immediately, directly, and determinatively against the Life and Person of the King, they are of a larger extent; to compass, is to do by Circuit, to Consult or Practice another thing directly, which being done, may necessarily produce this effect.

However it be in the other Treasons within this Statute, yet in this, by the very words, there is room left for constructions, for necessary inferen∣ces and consequences.

What hath been the Judgment and Practice of former times, concerning these words, of compassing the Kings Death, will appear to your Lord∣ships, by some Cases of Attainders upon these words.

One Owen, in K. Iames His time, in the 13^th year of His Reign, at Sand∣wich * 16.7 in Kent, spake these words, That K. Iames being Excommunicated by the Pope, may be killed by any Man, which killing is no Murther: Being ask∣ed by those he spake to, how he durst maintain so Bloody an Assertion? An∣swered, That the matter was not so heinous as was supposed; for, the King, who is the Lesser, is concluded by the Pope, who is the Greater; and, as a Malefactor, being Condemned before a Temporal Judge, may be de∣livered over to be Executed; So the King, standing Convicted by the Popes Sentence of Excommunication, may justly be slaughtered without fault; for, the Killing of the King, is the Execution of the Popes Supreame Sentence, as the other is the Execution of the Law. For this, Judgment of High Treason was given against him, and Execution done.

My Lords, there is no clear intent appearing, that Owen desired the thing should be done, onely Arguments that it might be done, this is a

Compassing, there is a clear Endeavour to corrupt the Judgment, to take off the Bonds of Conscience, the greatest security of the Kings Life, God forbid, saith one of better Judgement then he, that I should stretch out my hand against the Lords Annointed: No, saith he, the Lord doth not forbid it, you may, for these Reasons, lawfully kill the King.

He that denies the Title to the Crown, and plots the means of setting it upon anothers head, may do this without any direct, or immediate de∣siring the death of Him that wears it; yet this is Treason, as was adjudg∣ed in the 10th of Hen. 7. in these of Burton, and in the Duke of Norfolkes Case, 13 Eliz.

This is a compassing of His Death; for there can no more be two Kings in one Kingdom, then two Suns in the Firmament: he that conceives a Title, counts it worth venturing for, though it cost him his life: he that is in possession thinks it as well worth the keeping. Iohn Sparhauk in King Henry the Fourth's time, meeting too men upon the way, amongst other talk, said, That the King was not rightful King, but the Earl of March; and that the Pope would grant Indulgencies to all, that could assist the Earles Title, and that within half a year there would be no Liveries nor Cognizances of the King; that the King had not kept pro∣mise with the People, but had laid Taxes upon them.

In Easter-Terme, in the third year of Henry the Fourth, in the Kings Bench, Rot. 12. this adjudged Treason, this denying the Title with Mo∣tives, though not implyedly of Action against it, adjudged Treason; this is a compassing the Kings death.

How this was a compassing of the Kings Death, is declared in the Rea∣sons of the Judgment; that the words were spoken with an intent, to withdraw the affections of the People from the King, and to excite them against him, that in the end they might rise up against him in mortem & de∣structionem of the King.

My Lords, in this Judgment, and others, which I shall cite to your Lordships, it appears, that it is a compassing the Kings death by Words, to endeavour to draw the Peoples hearts from the King, to set discord be∣tween the King and them, whereby the People should leave the King, should rise up against Him, to the death and destruction of the King.

The Cases that I shall cite, prove not onely that it is Treason, but what is sufficient Evidence to make this good.

Upon a Commission held the 18th year of Ed. 4. in Kent, before the Marquess of Dorset, and others, an Indictment was preferred against Iohn Awater, of High Treason, in the Forme before-mentioned, for Words, which are entred in the Indictment Sub hac forma: That he had been servant to the Earl of Warwick; that though he were dead, the Earl of Oxford was alive, and should have the Government of part of that Coun∣try; That Edward, whom you call King of England, was a false Man, and had, by Art and Subtilty, slain the Earl of Warwick, and the Duke of Clare his Brother, without any cause, who before had been both of them at∣tainted of High Treason.

My Lords, This Indictment was Returned into the Kings Bench in Tri∣nity-Terme, in the Eighteenth year of Edward the Fourth; and, in Easter-Terme, the Two and twentieth of Edward the Fourth, he was outlawed, by the stay of the outlawry, so long as it seemes the Judges had well ad∣vised before, whether it were Treason or not.

At the same Session Thomas Heber was Indicted of Treason for these words, That the last Parliament was the most simple and insufficient Par∣liament

that ever had been in England; That the King was gone to live in Kent, because that for the present he had not the Love of the Citizens of London, nor should he have it for the future: That if the Bishop of Bath and Wells were dead, the Archbishop of Canterbury being Cardinal of England, would immediately lose his head.

This Indictment was returned into the Kings Bench in Trinity-Terme, in the 18th year of Edward the 4th: afterwards there came a Privy-Seal to the Judge to respit the Proceedings, which (as it should seem) was to the intent the Judges might advise of the Case, for afterwards he is out∣lawed of High-Treason upon this Indictment.

These words are thought sufficient evidence, to prove these several In∣dictments, that they were spoken to withdraw the Peoples Affections from the King, to excite them against Him, to cause Risings against Him by the People, in mortem & destructionem of the King.

Your Lordships are pleased to consider, That in all these Cases, the Treason was for words onely, words by private persons, and in a more private manner, but once spoken, and no more, onely amongst the People, to excite them against the King.

My Lords, here are Words, Counsels, more then Words and Actions too, not onely to disaffect the people to the King, but the King likewise towards the People; not once, but often; not in Private, but in places most Publick; not by a Private Person, but by a Counsellor ofState, a Lord Lieutenant, a Lord-President, a Lord-Deputy of Ireland.

1. To His Majesty, that the Parliament had denyed to supply Him: a Slander upon all the Commons of England, in their Affections to the King and Kingdom, in refusing to yield timely supply for the Necessities of the King and Kingdom.

2. From thence, that the King was loose, and absolved from Rules of Government, and was to do every thing, that Power would admit. My Lords, more cannot be said, they cannot be aggravated; whatever I should say would be in Diminution.

3. Thence you have an Army in Ireland, you may employ to reduce this Kingdom.

To Counsel a King, not to Love His People, is very Unnatural, it goes higher to hate them, to Malice them in his heart, the highest expressions of Malice, to destroy them by War. These Coales they were cast upon His Majesty, they were blown, they could not kindle in that Breast.

Thence, my Lords, having done the utmost to the King, he goes to the people. At York, the Country being met together for Justice, at the Open Assises upon the Bench, he tells them, speaking of the Justices of the Peace, that they were all for Law, nothing but Law, but they should find, that the Kings Little Finger, should be heavier then the Loynes of the Law, as they shall find. My Lords, Who speaks this to the people, a Privy-Counsellor? this must be either to traduce His Majesty to the peo∣ple, as spoken from Him, or from himself, who was Lord-Lieutenant of the County, and President, intrusted with the Forces and Justice of those parts, that he would Employ both this way. Add, my Lords, to His

Words there, the Exercising of an Arbitrary and Vast Jurisdiction, before he had so much as Instructions, or Colour of Warrant.

Thence we carry him into Ireland; there he Represented, by his place, the Sacred Person of His Majesty.

First. There at Dublin, the Principal City of that Kingdom, whither the Subjects of that Country came for Justice in an Assembly of Peers, and others of greatest Rank, upon occasion of a Speech of the Recorder of that City, touching their Franchises and Regal Rights; he tells them, That Ireland was a Conquered Nation, and that the King might do with them what he pleased.

Secondly, Not long after, in the Parliament 10 Car. in the Chair of State, in full Parliament again, That they were a Conquer'd Nation; and that they were to expect Laws as from a Conqueror, before the King might do with them what He would, now they were to expect it that he would put this Power of a Conqueror in Execution:—The Circumstan∣ces are very Considerable; in full Parliament; from himself in Cathedra, to the Representative Body of the whole Kingdom.

The Occasion adds much, when they desir'd the Benefit of the Laws, and that their Causes and Suites might be determined according to Law, and not by himself, at his Will and Pleasure, upon Paper Petitions.

Thirdly, Upon like occasion, of Pressing the Laws and Statutes, that he would make an Act of Council-Board in that Kingdom, as Binding as an Act of Parliament.

Fourthly, He made his Words good by his Actions, Assumed and Exer∣cised a Boundless and Lawless Jurisdiction, over the Lives, Persons and Estates of His Majesties Subjects, procured Judgment of Death against a Peer of that Realm; Commanded another to be Hanged, this was accor∣dingly Executed, both in times of High Peace, without any Process or Co∣lour of Law.

Fifthly, By Force, of a long time, he Seized the Yarn and Flax of the Subjects, to the Starving and undoing of many thousands; besides the Tobacco business, and many Monopolies and Unlawful Taxes; forced a New Oath, not to dispute His Majesties Royal Commands; determined Mens Estates at his own Will and Pleasure, upon Paper-Petitions to himself; forced Obedience to these, not only by Fines and Imprisonment, but likewise by the Army; sessed Soldiers upon the Refusers in an Ho∣stile manner.

Sixthly, Was an Incendiary of the War between the two Kingdomes of England and Scotland.

My Lords, We shall leave it to your Lordships Judgments, whether these Words, Counsels, and Actions, would not have been a sufficient Evi∣dence, to have Proved an Indictment drawn up against him, as those be∣fore mentioned, and many others are? That they were spoken and done to the Intent, to draw the Kings heart from the People, and the Affecti∣ons of the People from the King; that they might leave the King, and afterwards rise up against him, to the destruction of the King; If so, here is a Compassing of the Kings Death, within the Words of the Statute of

25th year of Edward the Third, and that Warranted by many former Judgments.

My Lords, I have now done with the Three Treasons within the Sta∣tute of the Twenty fifth of Edw. 3^d. I proceed unto the Fourth, upon the Statute of the Eighteenth year of Henry the Sixth, Chapter the third, in Ireland, and I shall make bold to read the words to your Lordships.

That no Lord, nor any other, of what condition soever he be, shall bring, or lead Hoblers, Kernes, or Hooded Men, nor any other People, nor Ho rses, to lie on Horseback, or on Foot, upon the Kings Subjects, without their good wills and consent, but upon their own costs, and without hurt doing to the Commons; and if any so do, he shall be adjudged as a Traytor.

1. The Argument that hath been made concerning the person, that it extends not to the King, and therefore not to him, weighs nothing with your Lordships, Rex non habet in Regno parem; from the greatness of his Office, to argue himself into the same impossibility with His Sacred Ma∣jesty, of being incapable of High-Treason, it's an Offence; no Treason; The words in the Statute, No Lord, nor any other, of what condition soever he be, include every Subject.

In Trinity Terme, in the Three and thirtieth year of Henry the Eighth, in the Kings-Bench, Leonard Lord Gray, having immediately before been Lord Deputy of Ireland, is Attainted of High-Treason, and Judgment gi∣ven against him, for letting diverse Rebels out of the Castle of Dublin, and discharging Irish Hostages and Pledges, that had been given for secu∣ring the Peace; for not punishing one that said, That the King was an Heretique: I have read the whole Record, there's not one thing laid to his Charge, but was done by him as Lord Lieutenant; He had the same Plea with my Lord of Strafford; That these things were no adhering to the Kings Enemies, but were done for Reasons of State, that he was not within those words of the Statute of the 25 of Edw. 3. himself being Lord Lieutenant there.

Object. It hath been said, That the Soldiers sessed upon the Subjects by him, were not such persons as are intended by that Statute, Hoblers, Kernes, and Hooded Men, those Rascally people.

Answ. My Lords, they were the names given to the Soldiery of those times, Hoblers, Horsemen; the other the Foot. But the words of the Sta∣tute go further, Nor any other People, neither Horse nor Foot. His Lordship sessed upon them both Horse and Foot.

Object. The Statute extends onely to those, that lead or bring; Savil led them; my Lord onely gave the Warrant.

Answ. To this I shall onely say thus, Plus peccat author, quam Actor, by the rule of the Law Agentes & consentientes pari plectuntur poena; if con∣sent, much more a Command to do it, makes the Commander a Traytor; If there be any Treason within this Statute, my Lord of Strafford is Guilty.

It hath been therefore said, That this Statute, like Goliah's Sword, hath

been wrapt up in a Cloath, and laid behind the door, that it hath never been put in execution.

My Lords, if the Clarke of the Crown in Ireland, had certified your Lordships upon search of the Judgments of Attainders in Ireland, he could not find that any man had been attainted upon this Statute, your Lordships had had some ground to believe it; Yet its onely my Lord of Straffords Affirmation; besides, your Lordships know, that an Act of Par∣liament binds until it be repealed.

It hath been therefore said; That this Statute is repealed by the Sta∣tute of the 8 Ed. 4. Cap. 1. and of the 10th of Hen. 7. Cap. 22. because by these two Statutes, the English Statutes are brought into Ireland.

The Argument (if I mistook it not) stood thus; That the Statute of the First of Henry the 4th, the 10th Chap. saith, That in no time to come, Treason shall be adjudged otherwise, then it was ordained by the Statute of the 25 E. 3. that the reason mentioned in the Eighteenth year of Hen∣ry the Sixth, in the Irish Statute, is not contained in the 25 Edw. 3. and therefore contrary to the Statute of the 1 Hen. 4. it must needs be void.

If this were Law, then all the Statutes that made any new Treason af∣ter the First of Henry 4th, were void in the very Fabrick, and at the time when they were made; hence likewise it would follow, that the Parlia∣ment now, upon what occasion soever, hath no Power to make any thing Treason, not declared to be so in the Statute 25 Edw. 3. This your Lord∣ships easily see, would make much for the Lord of Straffords advantage, but why the Law should be so, your Lordships have onely as yet heard an Affirmation of it; no reason.

But, some touch was given, that the Statute of the tenth year of Henry the Seventh, in words, makes all the Irish Statutes void, which are contrary to the English. The Answer to this is a denial that there are any such words in the Statute. The Statute declares, that the English Statutes shall be effectual, and confirmed in Ireland, and that all the Statutes made be∣fore time to the contrary, shall be revoked.

This repeals only the Irish Statutes of the tenth year of Henry the Fourth, and the Nine and twentieth year of Henry the Sixth, which say, that the English Statutes shall not be in force in Ireland, unless particu∣larly received in Parliament, it makes all the Irish Statutes void, which say, that the English Statutes shall not be in force there.

It is usual when a Statute sayes, that such a thing shall be done, or not done, to add further, that all Statutes to the contrary shall be void.

No likelihood that this Statute intended to take away any Statute of Treason, but when in the Chapter next before this, Murder there is made Treason, as if done upon the Kings Person.

That this Statute of the Eighteenth year of Henry the Sixth remains on foot, and not repealed either by the Statute of the Eighth year of Ed∣ward the Fourth, or this of the Tenth year of Henry the Seventh, appears expresly by two several Acts of Parliament, made at the same Parliament of the tenth year of Henry the Seventh.

By an Act of Parliament of Henry the Sixth's time in Ireland, it was made Treason for any Man whatsoever, to procure a Privy-Seal, or any other Command whatsoever, for apprehending any Person in Ireland for Treason done without that Kingdom, and to put any such command in Execution, divers had been attainted of Treason for executing such Com∣mands: There is a Treason, so made, by Act of Parliament, in Henry the Sixth's time. In the third Chapter of this Parliament of the tenth of

Henry the Seventh, an Act is passed for no other end, then to repeal this Statute of Henry the Sixth of Treason.

If this Statute of Henry the Sixth of Treason had been formerly repealed by the Statute of 8 E. 4. or then by the two and twentieth Chapter of this Parliament of the 10^th of Henry the Seventh, by bringing in the English Statutes, the Law-makers were much mistaken now to make a particular Act of Parliament to repeal it, it being likewise so unreasonable an Act as it was.

In the Eighth Chapter of this Parliament of the 10^th of Henry the Se∣venth, it is Enacted, that the Statutes of Kilkenny, and all other Statutes made in Ireland (two onely excepted, whereof this of the Eighteenth of Henry the Sixth is none) for the Common-Weal, shall be enquired of, and executed: My Lord of Strafford saith, that the bringing in of the English Statute hath repealed this Statute; the Act of Parliament made the same time, saith no; it saith, that all the Irish Statutes, excepting two, whereof this is none, shall still be in force.

Object. Oh, but however it was in the 10 H. 7. yet it appeares by Judgment in Parliament afterwards, that this Statute of 18 H. 6. is re∣pealed, and that is by the Parliament of the 11^th year of Queen Elizabeth, the 7^th Chapter, that by this Parliament it is Enacted, That if any Man, without Licence from the Lord Deputy, lay any Soldiers upon the Kings Subjects, if he be a Peer of the Realm, he shall forfeit One hundred pounds, if under the degree of a Peer, One hundred Markes.

This Statute, as is alleadged, declares the Penalty of laying Soldiers on the Subjects to be onely One hundred pounds, and therefore its not Trea∣son.

Answ. My Lords, if the Offence for which this Penalty of One hun∣dred pounds is laid upon the Offenders, be for laying Soldiers, or leading them to do any act Offensive or Invasive upon the Kings People, the Ar∣gument hath some force; but that the Offence is not for laying Soldiers upon the true Subjects, that this is not the Offence intended in the Sta∣tute, will appear to your Lordships Ex absurdo, from the words of it.

The Words are,

That if any Man shall assemble the People of the County toge∣ther, to conclude of Peace or War, or shall carry those people to do any Acts Offensive or Invasive, then he shall forfeit One hundred pounds.

If concluding of War, and carrying the people to Acts Invasive, be a∣gainst the Kings Subjects, this is High-Treason, which are the words of the Statute of 25 E. 3. for if any Subject shall assemble the people, and con∣clude a War, and accordingly shall lead them to invade the Subject, this is a levying of War within the words of the Statute; and then the Sta∣tutes of the 25 E. 3. 1 H. 4. 1 of Q Mary, which the Earl of Strafford, in his Answers, desires to be tryed by, are as well repealed, in this point, as the Statute of the 18th of Henry the Sixth, he might then, without fear of Treason, have done what he pleased with the Irish Army; for all the Statutes of levying of War by this Statute of 11 Eliz. were taken out of his way.

In Ireland a Subject gathers Forces, concludes a War against the Kings people, actually invades them, bloodshed, burning of houses, depradati∣ons ensue; two of those, that is, Murder, and Burning of Houses, are Trea∣son; and there the other Felony by the construction the punishment of Treason, and Felony is turned onely into a fine of One hundred pounds; from loss of Life, Lands, and all his Goods, onely to loss of part of his Goods.

The Third Absurdity, a War is concluded, three several Inrodes are made upon the Subject; in the first a hundred pounds damage; in the second, five thousand pounds damage; in the third, ten thousand pounds damage, is done to the Subjects; the penalty for the last inroade is no more then for the first, onely one hundred pounds. This Statute, by this Construction, tells any man, how to get his living without long la∣bour.

Two parts of the hundred pounds is given to the King, a third part unto the Informer; Here's no damage to the Subject, that is robbed and destroyed.

My Lords, The Statute will free it self and the makers from those Absurdities.

The meaning of the Statute is, That if any Captain shall, of his own head, conclude of Peace or War against the Kings Enemies, or Rebels, or shall, upon his own head, invade them without Warrant from the King; or Lord Deputy of Ireland, that then he shall forfeit a Hundred pounds.

The Offence is not for laying of Soldiers upon the Kings people, but making War against the Irish Rebels without Warrant; the Offence is not in the Matter, but in the Manner, for doing a thing lawful, but without Mission.

• I. This will appear by the general Scope of the Statute, all the parts being put together.
• II. By particular Clauses in the Statute.
• III. By the Condition of that Kingdom, at the time of the making of that Statute.

For the First, The Preamble recites, that in time of Declination of Justice, under pretext of defending the Country and themselves, diverse Great Men arrogated to themselves Regal Authority, under the names of Captains; that they acquired to themselves that Government, which be∣longed to the Crown; for preventing of this, It's Enacted, That no man dwelling within the Shire Grounds, shall thenceforth assume, or take to himself the Authority or name of a Captain, within these Shire-Grounds, without Letters-Patents from the Crown, nor shall, under colour of his Captainship, make any demand of the people of any Exaction, nor as a Captain, assemble the people of the Shire-Grounds; nor as a Captain shall lead those people to do any acts Offensive or Invasive, without War∣rant under the Great Seal of England, or of the Lord Deputy, upon pe∣nalty, that if he do any thing contrary to that Act, that then the Offen∣der shall forfeit a Hundred pounds.

My Lords, The Rebels had been out; the Courts of Justice scarce sate; for defence of the Countrey divers usurped the place of Captains, con∣cluded of War against the Rebels, and invaded them without Warrant: Invading the Rebels without Authority, is a crime.

This appears further by particular clauses in the Statute, none shall ex∣ercise any Captainship within the Shire-grounds, nor assemble the men of the Shire-grounds, to conclude War, or lead them to any Invasion.

That that had antiently been so continued to this time, that is the Irish, and the English Pale, they within the Shire-grounds were within the English Pale; and ad fidem & legem Angliae. The Irish without the Pale were enemies always, either in open act of Hostility, or upon Leagues and Hostages given for securing the Peace; and therefore as here in Eng∣land we had our Marches upon the frontiers in Scotland and Wales, so were there Marches between the Irish and English Pale, where the Inhabitants held their Lands by this tenure, to defend the Countrey against the Irish, as appears in the close Roll of the Tower, in the 20th year of Edw. 3. mem∣brana 15. on the backside, and in an Irish Parliament, held the 42 year of Edw. 3. it's declared, That the English Pale was almost destroyed by the Irish enemies, and that there was no way to prevent the danger, but on∣ly, that the Owners reside upon their Lands for defence, and that absence should be a forfeiture. This Act of Parliament in a great Council here was affirmed, as appears in the close Roll, the 22 year of Edw. 3. Mem∣brana 20 dorso.

Afterwards, as appears in the Statute of 28 Hen. 6th. in Ireland, this Hostility continued between the English Marches and the Irish Enemies, who by reason there was no difference between the English Marches and them in their apparel, did daily (not being known to the English) de∣stroy the English within the Pale: Therefore it is enacted, that every En∣glish-man shall have the hair of his upper Lip for distinction sake. This hostility continued until the 10th year of Henry the 7th, as appears by the Statute of 10 H. 7th. and 17th. so successively downwards, till the making of this very Statute of 11 Eliz. as appears fully in the 9th Chap.

Nay, immediately before, and at the time of the making of this Statute, there was not only enmity between those of the Shire-ground, that is, the English and Irish Pale, but open War, and acts of hostility, as appears by History of no less Authority, than that Statute it self; for in the first Chapter of that Statute, is the Attainder of Shane Oneale, who had made open War, was slain in open War; it's there declared, That he had gotten by force, all the North of Ireland, for an hundred and twenty miles in length, and about a hundred in breadth; that he had mastered divers pla∣ces within the English Pale; when the flame of this War by his death, im∣mediately before this Statute was spent, yet the Firebrands were not all quenched, for the Rebellion continued by Iohn Fitz-Gerard, called the White Knight, and Thomas Gueverford, this appears by the Statute of the Thirteenth year of Queen Eliz. in Ireland, but two years after this of the Eleventh year of Queen Eliz. where they are attainted of High Treason, for levying of War this Eleventh year, wherein this Statute was made.

So that my Lords, immediately before, and at the time of the making of this Statute, there being War between those of the Shire-grounds, men∣tioned in this Statute, and the Irish, the concluding of War, and Acts Offensive and Invasive there mentioned, can be intended against no others, but the Irish Enemies.

Again, The words of the Statute are, No Captain shall assemble the peo∣ple of the Shire-grounds, to conclude of Peace or War; Is to presume, that those of the Shire-grounds will conclude of War against themselves. Nor (with the Statute) Shall carry those of the Shire-grounds to do any

Acts Invasive; by the construction which is made on the other side, they must be carried to fight against themselves.

Lastly, The words are, That as Captain, none shall assume the Name, or Authority of a Captain; or as a Captain shall gather the people toge∣ther; or as a Captain lead them; the offence is not in the matter, but in the manner; If the Acts offensive were against the Kings good Subjects, those that were under Command, were punishable, as well as the Commanders; but in respect the Soldiers knew the service to be good in it self, being a∣gainst the enemies, and that it was not for them to dispute the Authority of their Commanders, the penalty of 100 l. is laid only upon him, That as Captain, shall assume this Power without Warrant, the People com∣manded, are not within this Statute.

My Lords, The Logick wherupon this Argument is framed, stands thus, because the Statute of the Eleventh year of Queen Elizabeth, inflicts a penalty of 100 l. and no more, upon any man, that as a Captain with∣out Warrant, and upon his own head shall conclude of, or make War a∣gainst the King's Enemies: Therefore the Statute of the Eighteenth year of Henry the 6th is repealed, which makes it Treason to lay Soldiers up∣on, or to levy War against the Kings good People.

But, my Lords, Observation hath been made upon other words of this Statute, that is, that without Licence of the Deputy, these things cannot be done; this shews that the Deputy, is within none of the Statutes.

My Lords, This Argument stands upon the same reason with the former, because he hath the ordering of the Army of Ireland, for the defence of the people, and may give Warrant to the Officers of the Army, upon eminent occasions of Invasion, to resist or prosecute the Enemy, because of the danger that else might ensue forthwith, by staying for a Warrant from His Majesty out of England.

My Lords, The Statute of the 10th year of Henry the 7th. chap. 17. touched upon for this purpose, clears the business in both points; for there is declared, That none ought to make War upon the Irish Rebels, and Enemies, without Warrant from the Lieutenant, the forfeiture 100 l. as here the Statute is the same with this, and might as well have been cited, for repealing the Statute of the 18th year of Henry the 6th. as this of the 11th year of Queen Elizabeth. But if this had been insisted upon, it would have expounded the other two clear against him.

Object. My Lords, it hath been further said, although the Statute be in force, and there be a Treason within it, yet the Parliament hath no Juris∣diction, the Treasons are committed in Ireland, therefore not triable here.

Answ. My Lords, Sir Iohn Parrot, his Predecessor, 24 Edw. was tryed in the Kings Bench for Treason done in Ireland, when he was Deputy; and Oruche in the 33 year of Queen Elizabeth, adjudged here for Treason done in Ireland.

Object. But it will be said, these Tryals were after the Statute of the 34th year of Henry the 8th. which enacts, that Treasons beyond Sea may be tryed in England.

Answ. My Lords, his Predecessor my Lord Gray was tryed, and ad∣judged here in the Kings-Bench; that was in Trinity Term, in the 33 year of Henry the 8th. this was before the making of that Statute.

Object. To this again will we say, That it was for Treason by the Laws and Statutes of England; that this is not for any thing that's Treason by the Law of England, but an Irish Statute.

So that the question is only, Whether your Lordships here in Parlia∣ment, have cognizance of an offence, made Treason by an Irish Statute, in the ordinary way of Judicature, without Bill? for so is the present que∣stion.

For the clearing of this, I shall propound two things to your Lord∣ships consideration.

Whether the Rule for expounding the Irish Statute and Customs, be one and the same in England as in Ireland?

That being admitted, whether the Parliament in England have cogni∣zance or jurisdiction of things there done, in respect of the place, because the Kings Writ runs not there?

For the First, in respect of the place, the Parliament here hath cogni∣zance there. And Secondly, If the Rules for expounding the Irish Statutes and Customs, be the same here as there, this exception (as I humbly con∣ceive) must fall away.

In England there is the Common-Law, the Statutes, the Acts of Parlia∣ment, and Customs peculiar to certain places, differing from the Common-Law; If any question arise concerning either a Custom or an Act of Par∣liament, the Common-Law of England, the First, the Primitive and the General Law, that's the Rule and Expositor of them, and of their seve∣ral extents; it is so here, it is so in Ireland, the Common-Law of England, is the Common-Law of Ireland likewise; the same here and there in all the parts of it.

It was introduced into Ireland by King Iohn, and afterwards by King Henry 3. by Act of Parliament held in England, as appears by the Patent-Rolls of the 30th year of King Henry 3. the first Membrana, the words are, Quia pro Communi Utilitate terrae Hiberniae & unitate terrarum Regis, Rex vult, & de Communi Concilio Regis Provisum est, quod omnes Leges & Consu∣etudines quae in Regno Angliae tenentur, in Hibernia teneantur, & eadem ter∣ra eisdem legibus subjaceat, & per easdem Regatur, sicut Dominus Iohannes Rex cum ultimò esset in Hibernia statuit & fieri mandavit, quia, &c. Rex vult quòd omnia brevia de Communi Iure quae currunt in Anglia, similiter currant in Hibernia, sub novo sigillo Regis mandatum est Archiepiscopis, &c. quod pro pace & tranquilitate ejusdem terrae, per easdem leges eos regi & deduci permittant, & eas in omnibus sequantur in cujus, &c. Teste Rege apud Wood∣stock, Decimo nono die Septembris.

Here is an union of both Kingdoms, and that by Act of Parliament, and the same Laws to be used here as there, in omnibus.

My Lords, That nothing might be left here for an exception, that is, That in Treasons, Felonies, and other capital offences concerning Life, the Irish Laws are not the same as here, therefore it is enacted by a Parliament held in England, in the 14th year of Edw, 2. (it is not in print neither, but in the Parliament Book) that the Laws concerning Life and Member shall be the same in Ireland, as in England.

And that no exception might yet remain, in a Parliament held in Eng∣land. The 5th year of Edw. 3., it is Enacted. Quod una & eadem Lex fiat tam Hibernicis quam Anglicis.

This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr. 25.

The Irish therefore receiving their Laws from hence, they send their Students at Law to the Inns of Court in England, where they receive their Degree, and of them, and of the Common-Lawyers of this King∣dom, are the Judges made.

The Petitions have been many from Ireland, to send from hence some Judges, more learned in the Laws, than those they had there.

It hath been frequent in cases of difficulty there, to send sometimes to the Parliament, sometimes to the King, by advice from the Judges here, to send them resolutions of their doubts. Amongst many, I'll cite your Lordships only one, because it is in a case of Treason upon an Irish Sta∣tute, and therefore full to this point.

By a Statute there made the fifth year of Edw. 4. there is a provision made for such as upon suggestions are committed to prison for Treason, that the party committed, if he can procure 24 Compurgators, shall be bailed and let out of prison.

Two Citizens of Dublin, were by a Grand Jury presented to have com∣mitted Treason, they desired benefit of this Statute, that they might be let out of prison, upon tender of their Compurgators: The words of the Statute of the 5th year of Edw. 4th. in Ireland being obscure, the Judges there being not satisfied what to do, sent the case over to the Queen, desi∣red the opinion of the Judges here, which was done accordingly. The Judges here sent over their opinion, which I have out of the Book of Justice Anderson, one of the Judges consulted withal. The Judges deliver∣ed their opinion upon an Irish Statute, in case of Treason.

If it be objected, That in this Case, the Judges here did not judge up∣on the party; their opinions were only ad informandam Conscientiam, of the Judges in Ireland, that the Judgement belonged to the Judges there.

My Lords (with submission) this and the other Authorities, prove, that for which they were cited, that is, that no absurdity, no failure of Justice would ensue, if this great Judicatory should judge of Treason, so made by an Irish Statute.

The Common-Law rules of judging upon an Irish Statute; the Pleas of the Crown for things of life and death, are the same here and there, this is all that yet hath been offered.

For the Second point, That England hath no power of Judicature, for things done in Ireland.

My Lords, the constant practice of all ages, proves the contrary.

Writs of Error in Pleas of the Crown, as well as in Civil Causes, have in all Kings Reigns been brought here, even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland, the pra∣ctice is so frequent, and so well known, as that I shall cite none of them to your Lordships, no president will, I believe, be produced to your Lordships, that ever the Case was remanded back again into Ireland, be∣cause the question arose upon an Irish Statute, or Custom.

Object. But it will be said, that Writs of Error, are only upon failure of justice in Ireland, and that suits cannot originally be commenced here for things done in Ireland, because the Kings Writ runs not in Ireland.

Answ. This might be a good Plea in the Kings-Bench, and inferior Courts at Westminster-Hall; the question is, Whether it be so in Parlia∣ment? The Kings Writ runs not within the County-Palatine of Chester and Durham, nor within the Five Ports; neither did it in Wales, before the Union of Henry the 8th's time, after the Laws of England were brought into Wales, in King Edw. the 1. time, Suits were not originally commenced at Westminster-Hall for things done in them; yet this never excluded the Parliament-suits; for Life, Lands, and Goods within these jurisdictions, are determinable in Parliament, as well as in any other parts of the Realm.

Ireland, as appears by the Statute of the Thirtieth year of Henry 3. be∣fore-mentioned, is united to the Crown of England.

By the Statute of the Eight and twentieth year of Hen. 6th. in Ireland, it is declared in these words, That Ireland is the proper Dominion of Eng∣land, and united to the Crown of England, which Crown of England is of it self, and by it self, wholly and entirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy, in all Debates and Suits whatsoever.

By the Statute of the Three and twentieth year of Henry the 8th, the first Chapter, when the Kings of England first assumed the Title of King of Ireland, it is there Enacted, that Ireland still is to be held as a Crown an∣nexed and united to the Crown of England.

So that by the same reason, from this that the Kings Writs run not in Ireland, it might as well be held, that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Dur∣ham, nor within the Five Ports and Wales; Ireland, is a part of the Realm of England, as appears by those Statutes, as well as any of them.

This is made good by constant practice in all the Parliament Rolls, from the first to the last; there are Receivers, and Tryers of Petitions appoint∣ed for Ireland; for the Irish to come so far with their Petitions for Justice, and the Parliament not to have cognizance, when from time to time they had in the beginning of the Parliament, appointed Receivers and Tryers of them, is a thing not to be presumed.

An Appeal in Ireland, brought by William Lord Vesey, against Iohn Fitz-Thomas, for Treasonable words there spoken, before any Judgment given in Case there, was removed into the Parliament in England, and there the Defendant acquitted, as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1.

The Suits for Lands, Offices, and Goods originally begun here are many, and if question grew upon matter in fact, a Jury usually ordered to try it, and the Verdict returned into the Parliament; as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edward the 1. If a doubt arose upon a matter tryable by Record, a Writ went to the Officers, in whose custody the Record remained, to certifie the Re∣cord, as was in the Case of Robert Bagott the same Parliament, of the Five and thirtieth year of Edward the 1. where the Writ went to the Trea∣surer, and Barons of the Exchequer.

Sometimes they gave Judgement here in Parliament, and commanded the Judges there in Ireland to do execution, as in the great Case of Parti∣tion, between the Copartners of the Earl Marshal in the Parliament of the Three and thirtieth of Edward the 1. where the Writ was awarded to the Treasurer of Ireland.

My Lords, The Laws of Ireland were introduced by the Parliament of England, as appears by Three Acts of the Parliament before cited.

It is of higher Jurisdiction Dare Leges, then to judge by them.

The Parliaments of England do bind in Ireland, if Ireland be particular∣ly mentioned, as is resolved in the Book-Case of the First year of Henry the Seventh. Cook's Seventh Report, Calvin's Case; and by the Judges in Trinity-Term, in the Three and thirtieth year of Queen Elizabeth. The Statute of the Eighth year of Edward the 4th, the first Chapter in Ireland re∣cites, That it was doubted amongst the Judges, whether all the English Sta∣tutes, though not naming Ireland, were in force there? if named, no doubt.

From King Henry the 3. his time downwards, to the Eighth year of Queen Elizabeth (by which Statute it is made Felony to carry Sheep from Ireland beyond Seas) in almost all these Kings Reigns, there be Statutes made concerning Ireland. The exercising of the Legislative Power there, over their Lives and Estates, is higher than of the Judicial in question: Un∣til the 29th year of Edward the 3. erroneous Judgements given in Ireland, were determinable no where but in England; no, not in the Parliament of Ireland, as it appears in the close Rolls in the Tower, in the 29th year of Edw. the 3. Memb. 12. Power to examine and reverse erroneous Judg∣ments in the Parliaments of Ireland is granted; from hence, Writs of Er∣ror lye in the Parliament here upon erroneous Judgements, after that time given in the Parliaments of Ireland, as appears in the Parliament Rolls, of the Eighth year of Henry the 6th. N^o. 70. in the Case of the Prior of Len∣than. It is true, the Case is not determined there, for it's the last thing that came into the Parliament, and could not be determined for want of time, but no exception at all is taken to the Jurisdiction.

The Acts of Parliament made in Ireland, have been confirmed in the Parliaments of England, as appears by the close Rolls in the Tower, in the Two and fortieth year of Edw. the 3. Memb. 20. Dorso: where the Parlia∣ment in Ireland, for the preservation of the Countrey from Irish, who had almost destroyed it, made an Act, That all the Land-Owners, that were English, should reside upon their Lands, or else they were to be forfeited, this was here confirmed.

In the Parliament of the Fourth year of Henry the 5th. Chap. 6. Acts of Parliament in Ireland are confirmed, and some priviledges of the Peers in the Parliaments there are regulated.

Power to repeal Irish Statutes, Power to confirm them, cannot be by the Parliament here, if it hath not cognizance of their Parliaments; unless it be said, that the Parliament may do, it knows not what.

Garnsey and Iersey are under the Kings subjection, but are not parcels of the Crown of England, but of the Duchy of Normandy, they are not go∣verned by the Laws of England, as Ireland is, and yet Parliaments in Eng∣land have usually held Plea of, and determined all Causes concerning Lands or Goods. In the Parliament, in the 33 Edw. 1. there be Placita de Insula Iersey. And so in the Parliament, 14 Edw. 2. and so for Norman∣dy and Gascoigne, and always as long as any part of France was in subjecti∣on to the Crown of England, there were at the beginning of the Parlia∣ments, Receivers and Tryers of Petitions, for those parts appointed.

I believe your Lordships will have no Case shewed of any Plea, to the jurisdiction of the Parliaments of England, in any things done in any parts wheresoever in subjection to the Crown of England.

The last thing I shall offer to your Lordships is, the Case of 19 Eliz. in my Lord Dyer, 306. and Judge Crompton's Book, of the jurisdiction of Courts

fol. 23. The opinion of both these Books is, That an Irish Peer is not Tryable here, it's true, a Scotch or French Nobleman is tryable here, as a common person; the Law takes no notice of their Nobili∣ty, because those Countreys are not governed by the Laws of England; but Ireland being governed by the same Laws, the Peers there are Tryable according to the Law of England only, per pares.

By the same reason, the Earl of Strafford, not being a Peer of Ireland, is not tryable by the Peers of Ireland; so that if he be not tryable here, he is tryable no where.

My Lords, In case there be a Treason and a Traitor within the Statute, and that he be not tryable here for it, in the ordinary way of Judicature, if that jurisdiction fail, this by way of Bill doth not; Attainders of Trea∣son in Parliament, are as legal, as usual by Act of Parliament, as by Judge∣ment.

I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6. My Lord of Strafford hath offended against both the Kingdoms, and is guilty of High Treason by the Laws of both.

My Lords, In the fifth place, I am come to the Treasons at the Com∣mon-Law, the endeavouring to subvert the fundamental Laws and Go∣vernment of the Kingdom, and to introduce an Arbitrary and Tyrannical Government.

In this I shall not at all labour to prove, That the endeavouring by Words, Counsels and Actions, to subvert the Laws, is Treason at the Com∣mon-Law, if there be any Common-Law Treasons at all left; nothing is Treason, if this be not, to make a Kingdom no Kingdom; take the Po∣lity and Government away, Englands but a piece of Earth, wherein so ma∣ny men have their Commorancy and abode, without ranks or distinction of men, without property in any thing further than possession; no Law to punish the Murthering, or robbing one another.

That of 33 Hen. 8. of introducing the Imperial Law, sticks not with your Lordships; it was in case of an Appeal to Rome; these Appeals in Ca∣ses of Marriages, and other causes counted Ecclesiastical, had been fre∣quent, had in most Kings Reigns been tolerated; some in times of Popery put a conscience upon them; the Statutes had limited the penalty to a Praemunire only, neither was that a total subversion, only an Appeal from the Ecclesiastical Court here in a single Cause, to the Court of Rome; and if Treason or not, that Case proves not a Treason may be punished as a Felony; a Felony as a Trespass, if His Majesty so please; The greater in∣cludes the less in the Case of Praemunire; in the Irish Reports, that which is there declared to be Treason, was proceeded upon only as a Praemu∣nire.

The things most considerable in this is, Whether the Treasons at Common-Law, are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute.

In it there's this clause, That because many other like Cases of Treason might fall out, which are not there declared; therefore it is enacted, That if any such Case come before the Iudges, they shall not proceed to Iudgment, till the Case be declared in Parliament, whether it ought to be adjudged Treason or not.

These words, and the whole scope of that Statute shews, that it was not the meaning to take away any Treasons that were so before, but only to regulate the jurisdiction and manner of Tryal. Those that were single and certain Acts, as conspiring the Kings death, Levying War, Counter∣feiting the Money, or Great Seal, Killing a Judge; these are left to the

ordinary Courts of Justice: The others not depending upon single Acts, but upon constructions and necessary inferences, they thought it not fit to give the inferior Courts so great a latitude here, as too dangerous to the Subject, those they restrained to the Parliament.

This Statute was the great security of the Subjects, made with such wis∣dom, as all the succeeding Ages have approved it; it hath often passed through the Furnace, but like Gold, hath left little or nothing.

The Statute of the First H. 4. cap. 10. is in these words, Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained, insomuch that no man did know how to behave himself, to do, say, or speak: It is accorded that in no time to come, any Treason be adjudged otherwise, than it was ordained by the Statute of 25th of Edw. 3.

It hath been said, To what end is this Statute made, if it takes not a∣way the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3?

Therebe two main things which this Statute doth; First, it takes away for the future all the Treasons, made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time; for in respect, that by another Act in that Parliament, the Statute of 21 Rich. 2. was repealed, it will not be denyed, but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3.

Secondly, It not only takes away the Statute-Treasons, but likewise the declared Treasons in Parliament, after the 25th of Edw. 3. as to the future, after Declaration in Parliament, the inferior Courts might judge these Treasons; for the Declaration of a Treason in Parliament after it was made, was sent to the inferior Courts, that toties quotîes the like Case fell out, they might proceed therein, the Subject for the future, was secured a∣gainst these; so that this Statute was of great use.

But by the very words of it, I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire, and upon the old bottom. The Sta∣tute of 1 Queen M. cap. 1. saith, That no offences made Treason by any Act of Parliament, shall thenceforth be taken or adjudged to be Treason, but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason, or the Declaration of Treason, and no others: And further provides, That no pains of death, penalties, or forfei∣ture in any wise shall ensue, for committing any Treason, other than such as be in the Statute of 25 Edw. 3. ordained and provided, any Act of Parliament, or any Declaration, or matter to the contrary, in any wise notwithstanding.

By the first of this Statute, only offences made Treason by Act of Parlia∣ment, are taken away, the Common-Law-Treasons are no ways touched, the words [And no others] refer still to offences made Treason by Act of Parliament; they restrain not to the Treasons only, particularly mentioned in the Statute in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treason, as appears by the words immediately foregoing.

By the Second Part, for the peins and forfeitures of Treasons, if it intend only the punishment of Treason, or if it intend both Treason and Punish∣ment, yet all is referred to the Provision and Ordinance of 25 Edw. 3. a∣ny Act of Parliament, or other Declaration, or thing notwithstanding.

It saith not, other then such Penalties or Treasons, as are expressed and declared in the Statute of 25 Edw. 3. that might perhaps have restrained it to those that are particularly mentioned, no, it refers all Treasons to

the general Ordination and Provision of that Statute, wherein the Common Law Treasons are expresly kept on foot.

If it be Asked, What good this Statute doth, if it take not away the Common Law Treasons?

1. It takes away all the Treasons made by Act of Parliament, not on∣ly since the first of Hen. 4. which were many, but all before 1 Hen. 4. even until the 25 E. 3. by express words.

2. By express words, it takes away all declared Treasons, if any such had been in Parliament; Those for the future are likewise taken away; so that whereas it might have been doubted, whether the Statute of the 1 H. 4. took away any Treasons, but those of the 22^d and 23^d years of R. 2. This clears it, both for Treasons made by Parliament, or declared in Parliament, even to the time of making the Statute.

This is of great use, of great security to the Subject; so that, as to what shall be Treason, and what not, the Statute of 25 E. 3. remains entire, and so by consequence the Treasons at the Common Law.

Only, my Lords, it may be doubted, whether the manner of the Parlia∣mentary proceedings; be not altered by the Statute of 1 H. 4. Chap. 17. and more fully in the Parliament Roll, Number 144, that is, whether since that Statute the Parliamentary power of Declaration of Treasons, where∣by the inferiour Courts Receive Jurisdiction, be not taken away and re∣strained only to Bill, that so it might operate no further, then to that particular contained in the Bill, that so the Parliamentary Declarations for after-times, should be kept within the Parliament it self, and be ex∣tended no further: Since 1 H. 4. we have not found any such Declarations made, but all Attainders of Treason have been by Bill?

If this be so, yet the Common-Law Treasons still remaining, there is one and the same ground of reason and equity since the 1 H. 4. for passing a Bill of Treason, as was before, for declaring of it without Bill.

Herein the Legislative power is not used against my Lord of Strafford in the Bill, its only the jurisdiction of the Parliament.

But, my Lords, because that either through my mistaking of the true grounds and reasons of the Commons, or my not pressing them with apt agreements, and presidents of former times, or that perchance your Lord∣ships, from some other Reasons and Authorities, more swaying with your Lorpships Judgments, then these from them, may possibly be of a contrary or dubious opinion, concerning these Treasons, either upon the Statutes of 25 E. 3. & 18 H. 6. or at the Common-Law.

My Lords, If all these five should faile, they have therefore given me fur∣ther in Command, to declare to your Lordships some of their Reasons, why they conceive that in this case, the meer Legislative Power may be exer∣cised.

Their reasons are taken from these three grounds;

• 1. From the nature and quality of the Offence.
• 2. From the Frame and Constitution of the Parliament, wherein this Law is made.
• 3. From Practices and Usages of former times.

The horridness of the Offence, in endeavouring the overthrowing the Lawes and present Government, hath been fully opened to your Lord∣ships heretofore.

The Parliament is the Representation of the whole Kingdom; wherein the King as Head, your Lordships as the most Noble, and the Commons the other Members, are knit together into one Body Politick; This dis∣solves the Arteries and Ligaments that hold the Body together, the Lawes; He that takes away the Lawes, takes not away the Allegiance of one Sub∣ject alone, but of the whole Kingdom.

It was made Treason by the Statute of 13. Eliz. for Her time, to affirm, that the Lawes of the Realm do not bind the Descent of the Crown; no Law, no Descent at all.

No Lawes, no Peerage; no Rankes or Degrees of men; the same Con∣dition to all.

It's Treason to kill a Judge upon the Bench; this kills not Iudicem, sed Iudicium; He that borrowed Apelles, and gave Bond to return again A∣pelles the Painter, sent him home, after he had cut off his Right Hand; his Bond was broken; Apelles was sent, but not the Painter. There are Twelve Men, but no Law; there's never a Judge amongst them.

It's Felony to Imbezle any one of the Judicial Records of the Kingdom; this at once Sweeps them all away, and from all.

It's Treason to Counterfeit a Twenty shillings piece; here's a Counter∣feiting of the Law; we can call neither the Counterfeit, nor True Coyn, our own.

It's Treason to Counterfeit the Great-Seal for an Acre of Land; no property hereby is left to any Land at all; nothing Treason now, either against King or Kingdom; no Law to punish it.

My Lords, If the Question were Asked at Westminster-Hall, Whether this were a Crime punishable in Star-Chamber, or in the Kings-Bench, by Fine, or Imprisonment? they would say it went higher: If whether Felo∣ny? they would say, that's for an Offence only against the Life, or Goods of some one or few persons; It would, I believe, be answered by the Judges, as it was by the Chief Justice Thurning in 21 R. 2. that though he could not Judge the Case Treason there before him, yet if he were a Peer in Parliament he would so Adjudge it.

My Lords, if it be too big for those Courts, we hope it's in the right way here.

2. The second Consideration is from the Frame and Constitution of the Parliament; the Parliament is the great Body Politick, it comprehends all, from the King to the Beggar; if so, My Lords, as the Natural, so this Body, it hath power over it self, and every one of the Members, for the preservation of the whole; It's both the Physitian and the Patient; If the Body be distempered, it hath power to open a Vein, to let out the cor∣rupt blood for curing it self; if one Member be Poysoned or Gangred, it hath power to cut it off for the preservation of the rest.

But, my Lords, it hath often been inculcated, that Law-makers should imitate the Supreme Law-giver, who commonly warnes before he strikes. The Law was promulged before the Judgment of death for gathering the Sticks. No Law, no Transgression.

My Lords, To this rule of Law is Frustra legis auxilium invocat, qui in legem committit, from the Lex talionis; he that would not have had others

to have a Law, Why should he have any himself? Why should not that be done to him, that himself would have done to others?

It's true, we give Law to Hares and Deers, because they be Beasts of Chase; It was never accounted either cruelty or foul play, to knock Foxes and Wolves on the head, as they can be found, because these be Beasts of Prey. The Warrener sets Traps for Polcats and other Vermine, for preservation of the Warren.

Further, my Lords, most dangerous Diseases, if not taken in time, they kill; Errors, in great things, as War and Marriage, they allow no time for repentance; it would have been too late to make a Law, when there had been no Law.

My Lords, for further Answer to this Objection, he hath offended a∣gainst a Law, a Law within the endeavouring to subvert the Lawes, and Polity of the State wherein he lived, which had so long, and with such faithfulness protected his Ancestry, Himself, and his whole Family: It was not Malum quia prohibitum, it was Malum in se, against the Dictates of the dullest Conscience, against the Light of Nature, they not having a Law, were a Law to themselves.

Besides this, he knew a Law without, that the Parliament, in Cases of this Nature, had Potestatem vitae & necis.

Nay, he well knew, that he offended the Promulged and Ordinary Rules of Law. Crimes against Law have been Proved, have been Con∣fessed, so that the Question is not De culpa, sed de poena, What degree of Punishment those Faults deserve? We must differ from him in Opinion, That twenty Felonies cannot make a Treason, if it be meant of equalli∣ty in the use of the Legislative Power; for he that deserves death for one of these Felonies alone, deserves a Death more Painful, and more Ig∣nominious for all together.

Every Felony is punished with loss of Life, Lands and Goods; a Felony may be aggravated with those Circumstances, as that the Parliament with good reason may add to the Circumstances of Punishment, as was done in the Case of Iohn Hall, in the Parliament of the 1 H. 4. who, for a Barba∣rous Murder, committed upon the Duke of Glocester, Stifling him be∣tween two Feather-Beds at Calice, was Adjudged to be Hanged, Drawn and Quartered.

Batteries by Law are only punishable by Fine, and single Damages to the Party Wounded.

In the Parliament held in 1 H. 4. Cap. 6. one Savage committed a Bat∣tery upon one Chedder, Servant to Sir Iohn Brooke, a Knight of the Parlia∣ment for Somersetshire. It's there Enacted, that he shall pay double Da∣mages, and stand Convicted, if he render not himself by such a time. The manner of proceedings quickned, and the penalty doubled; the Circum∣stances were considered, it concerned the Common-Wealth, it was a Bat∣tery with Breach of Priviledge of Parliament.

This made a perpetual Act: no warning to the first Offender: and in the Kings Bench, as appears by the Book-Case of 9 H. 4. the first leaf, Double Damages were recovered.

My Lords, in this of the Bill, the Offence is High and General, against the King and the Common-wealth, against all, and the best of all.

If every Felony be loss of Life, Lands and Goods; What is Misuser of the Legislative Power, by Addition of Ignominy, in the Death and Disposal of the Lands to the Crown, the Publick Patrimony of the King∣dom?

But it was hoped, that your Lordships had no more skill in the Art of killing Men, then your worthy Ancestors.

My Lords, this Appeal from your selves to your Ancestors we do ad∣mit of, although we do not admit of that from your Lordships to the Peers of Ireland.

He hath appealed to them; your Lordships will be pleased to hear, what Judgment they have already given in the case, that is, the several Attain∣ders of Treason in Parliament; after the Statute of 25 E. 3. for Treasons not mentioned, nor within that Statute, and those upon the first Offenders without warning given.

By the Statute of 25 E. 3. it's Treason to levy War against the King; Gomines and Weston afterwards in Parliament, in the 1 R. 2. n. 38, 39, adjudged Traytors for surrendring two several Castles in France, only out of fear, without any Compliance with the Enemy; this not within the Statute of 25th E. 3.

My Lords, In the 3^d of Rich. 2^d. Iohn Imperiall that came into Eng∣land upon Letters of Safe Conduct, as an Agent for the State of Genoa, sit∣ting in the evening before his door, in Breadstreet (as the words of the Records are) Paulo ante ignitegium; Iohn Kirkby, and another Citizen coming that way, Casually Kirkby troad upon his Toe, it being twilight, this grew to a Quarrel, and the Ambassador was slain; Kirkby was Indict∣ed of High-Treason, the Indictment finds all this, and that it was only done se defendendo, and without malice.

The Judges, it being out of the Statute 25 E. 3. could not proceed; the Parliament declared it Treason, and Judgment afterwards of High-Treason: there's nothing can bring this within the Statute of 25 E. 3. but it concerns the Honor of the Nation, that the Publick Faith should be strictly kept: It might endanger the Traffique of the Kingdom; they made not a Law first, they made the first man an Example; this is in the Parliament-Roll 3 R. 2. Number 18. and Hillary Terme, 3 R. 2. Rot. 31. in the Kings-Bench, where Judgment is given against him.

In 11 R. 2. Tresilian, and some others, attainted of Treason for deliver∣ing Opinions in the Subversion of the Law, and some others for plotting the like. My Lords, the Case hath upon another occasion been opened to your Lordships; only this is observable, that in the Parliament of the first year of Henry the Third, where all Treasons are again reduced to the Statute of 25 E. 3. These Attainders were by a particular Act confirm∣ed and made good, that the memory thereof might be transmitted to suc∣ceeding Ages, they stand good unto this day; the offences there as here, were the endeavouring the Subversion of the Laws.

My Lords, after the 1 H. 4. Sir Iohn Mortimer being committed to the Tower, upon suspition of Treason, brake Prison, and made his escape; This no way within any Statute, or any former Judgment at Common-Law for this, that is, for breaking the Prison only, and no other cause; in the Par∣liament held the second year of Henry the Sixth, he was attainted of High-Treason by Bill.

My Lords, Poysoning is only Murder, yet one Richard Cooke having put Poyson into a Pot of Pottage in the Kitchin of the Bishop of Rochester, whereof two persons dyed, he's Attainted of Treason, and it was Enacted, that he should be Boyled to Death by the Statute of 22 H. 8. c. 9.

By the Statute of the 25 H. 8. Elizabeth Barton the Holy Maid of Kent, for pretending Revelations from God, That God was highly displeased with the King, for being Divorced from the Lady Katherine, and that in

case he persisted in the Separation, and should Marry another, that he would not continue King not above one Moneth after, because this tended to the depriving of the lawful Succession to the Crown, she is Attainted of Treason.

My Lords, all these Attainders, for ought I know, are in force at this day. The Statutes of the First year of Henry the 4^th. and the First of Queen Mary, although they were willing to make the Statute of 25 E. 3. the Rule to the Inferiour Courts, yet they left the Attainders in Parlia∣ment, precedent to themselves, untoucht, wherein the Legislative power had been exercised. There's nothing in them whence it can be gathered, but that they intended to leave it as free for the future.

My Lords, In all these Attainders, there were Crimes and Offences a∣gainst the Law; they thought it not unjust (Circumstances considered) to heighten and add to the degrees of punishment, and that upon the first Of∣fender.

My Lords, we receive, as just, the other Lawes and Statutes made by these our Ancestors, they are the Rules we go by in other Cases, Why should we differ from them in this alone?

These, my Lords, are in part those things, which have satisfied the Com∣mons in passing the Bill, it is now left to the Judgment and Justice of your Lordships.

Upon the Close of Mr. St. Iohns Speech the House Adjourned, nor was there one word spoken but by Master St. Iohns, onely the Lord Lieute∣nant used the last part of his Rhetorick, and by a dumb Eloquence, Mani∣bus ad sydera tensis, often holding up his hands towards Heaven, all along Mr. St. Iohns Speech, made his Replies with a deep silence.

Upon Fryday, April the 30th, he Petitioned the Lords to be heard a∣gain, alleadging, That his Lawyers had not fully spoken at their last meet∣ing, but this was denyed him, because the House of Commons were to have the last Speech, nor were they content to speak again.

The following SPEECH of Mr. Glyns, is, by a Mistake Misplaced, for it ought to be next to my Lords Summary of the Evi∣dence.

M^r. GLYN'S REPLY TO THE Earl of Strafford's DEFENCE.

My Lord of Strafford having concluded the Recapi∣tulation of his Evidence; Mr. Glyn applyed him∣self to their Lordships in manner following.

May it please your Lordships,

MY Lord of Strafford (as your Lordships have obser∣ved,) hath spent a great deal of time in his Evidence, and in his course of answering, hath inverted the order of the Articles; he hath spent some time likewise in defending the Articles not objected against him, wherein he hath made a good Answer, if in any: we shall presume to withdraw a while, and rest upon your Lordships pati∣ence; and I doubt not but to represent my Lord of Strafford as cunning in his Answer, as he is subtil in his practice.

The Committee withdrawing for about the space of half an hour, and then returning to the Bar, Mr. Glyn proceeded as followeth.

My Lords, your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason, for a purpose and design to subvert the Fundamental Laws of both the Kingdoms, of England and Ireland, and to introduce an Arbitrary and Tyrannical Go∣vernment: The Commons have exhibited Articles in maintenance of that Charge: My Lord of Strafford hath thereunto answered in Writing. The Commons have proceeded to make good their Charge by proof, and there∣unto my Lord of Strafford hath made his Defence; and this day my Lord

of Strafford hath taken upon him to recollect his Evidence, and make his observation upon it, the most he could to his advantage.

My Lords, We that are intrusted for the House of Commons, stand here to recollect the Evidence on our part, and to apply it to the general Charge, and how far it conduces thereunto.

My Lord of Strafford in recollecting the Evidence of his Defence, as I did mention before, hath (under favour) exprest very much subtilty, and that in divers particulars, which I shall represent to your Lordships.

My Lords, before I enter upon the recollection of the proofs produced on the behalf of the Commons, I shall make some observations, and give some answer to that recollection of his; though very disorderly to the me∣thod I propounded to my self.

And First, in general, it will appear to your Lordships, (looking upon your Notes, and observing his recollection) that he hath used the repetition of Evidence on both sides, in such manner as you know who useth Scrip∣ture; that is, to cite as much as makes for his purpose, and leave out the rest. And likewise, that in repetition of the Evidence, he hath mis-recited plainly, very much of the proofs on both sides, and likewise hath pretend∣ed some proofs to be for his Defence, which indeed were not: and he hath taken this farther advantage; when it makes for his Defence, he hath dis∣joynted the Proofs and Testimonies, and severed them asunder, that it might appear to your Lordships, like Rain falling in drops, which consi∣dered in distinct drops, bring no horror, or seeming inconvenience with them; but when they are gathered together into an entire body, they make an Inundation, and cover the face of the earth. He would not have your Lordships look on those Testimonies together, but distinctly and a∣sunder, which being put together, look horrid, as will appear to your Lordships, when you duly consider of them.

These be the general observations, which in my Answer I doubt not but to make good: But before I shall enter into observations of what he hath spoken, I shall answer in general to some things which he hath in ge∣neral alledged.

In the first place, he hath made a flourish this day, and several other days in the way of his Defence, That if he could have had longer time, he could have made things appear clearer, and have produced more proofs. Give me leave to inform your Lordships, that he is no way streightned of time, for he hath been charged above three months since: he knew what was laid to his Charge, and therefore his pretence of want of time, and of his disabilities to make better proofs, are but flourishes. And it appears plainly, whatsoe∣ver he hath had occasion to make use of, even the least paper, though he fetched it from Ireland, there is not one wanting; he hath copies of Pa∣pers from the Council-Table, from the Parliament of Ireland, and all that may any way tend to his justification, and yet he stands upon that flourish, that if he had had time, he could have made it more clear.

My Lords, He hath mentioned often this day, and oftner the days be∣fore, That many of the Articles laid to his charge, are proved but by one Wit∣ness; and thereupon he takes the advantage of the Statute of E. 6. that sayes, A man ought not to be condemned for High Treason, without two wit∣nesses. My Lords, This is a fallacy known to his own breast, I doubt not, and not taught him by any of his Counsel, or others Learned.

The Treason laid to his charge, is, The subverting of the Laws; the Evidence is, the Article proved: and though some one Article appears to be proved but by one, yet put the Evidence together, you shall never

find it to be within the words or meaning of the Statute; for the Charge is proved by a hundred Witnesses: and because one part of the E∣vidence is proved only by one Witness, since, when you put them toge∣ther, you will find a hundred Witnesses, it is not within the words, nor meaning of the Statute, neither will his Counsel direct him to say so, I am confident.

My Lords, another observation I shall be bold to make, is, that he was pleased to cast an aspersion (as we must apprehend) upon them that are trusted by the House of Commons this day, That we that stand here, al∣ledged and affirmed things to be proved, that are not proved. He might have pleased to have spared that language; we stand here to justify our selves, that we do not use to express any language, but what our hearts and consciences tell us is true; and howsoever he is pleased to cast it upon us, I am confident I shall invert it upon himself, and make it appear, that he hath been this day guilty in the highest degree, of what he most un∣justly layeth to our charge.

And now my Lords, to enter upon the particulars he hath been pleased to make it his general Theme to day (though he hath not spoke much to day but what he hath spoken formerly) that these particulars considered by themselves make not a Treason, and therefore put together, he wonders how they should make a Treason: Several misdemeanors can never make a murther, and several Murthers can never make a Treason; and he wonders it should be otherwise in this Case. My Lords, He did instance it (if my memory fails not) in a Case of Felony; That if a bloudy knife should be produced in the hand of the party suspected to have slain the man, if the party had been there seen before the death, it were a strange Evidence; but there must be death in the case, the fact must be committed, else there can be no murther: but he him∣self might answer himself, for there is a great difference; There cannot be murther but there must be death, but he knows very well there may be Treason and yet no death; it is too late to forbear questioning Trea∣son for killing the King, till the King be killed: God forbid we should stay in that Case, for the very intention is the Treason, and it is the intention of the death of the Law that is in question, and it had been too late to call him to question, to answer with his life, for the death of the Law, if the Law had been killed, for there had been no Law then; and how should the Law then have adjudged it Treason, when the same were subverted and destroyed? and therefore he is much mistaken.

The greatest Traitor, in the memory of any that sits here to hear me this day, had a better, a fairer excuse in thisparticular, than my Lord of Straf∣ford, and that is Guido Faux; for he might have objected, that the taking of the Cellar, the laying of the Powder under the Parliament-House, the kindling of the Match,, and putting it near, are not so much as a misde∣meanor, if you look no further; for it was no offence in him to lay Bar∣rels under the Parliament-House, and to kindle the Match, and to lay it near; but collect all together, that it was eâ intentione, to blow up the King and the State, there is the Treason: but God be blessed it was not effected; so that the rule is the same. Nay, my Lord of Strafford hath not so much to say, when he is charged with a purpose and intention to sub∣vert the Law; for to that purpose gave he traiterous Counsels, and exe∣cuted actions, thereby discovering his intentions to destroy the Kingdom, and to destroy the Kings claim by Law, and discent. It is true, they were not put in execution, but they declared his intentions; therefore this gives an answer to his first flourish, which is not so great an Argument as the

greatest Traytor might use for himself, and yet it proved Treason in him.

My Lords, he hath been plased to divide his Treasons into two parts, and his division I allow of; that is, Treason by Statute-Law, as he terms it, though it be Treason by the Common-Law; and constructive Treason: And upon that method he hath recited the evidence produced on either part; Give me leave to follow and trace him a little, and afterwards to discharge my own duty in taking my own course, and representing the evidence as it appears, truly; and I will avoid (as much as I can) to fall into my Lord of Straffords error, in mis-reciting a Particle; if I do, it shall be against my will.

He begins with the Fifteenth Article, and pretends that that is not pro∣ved: The ground and foundation of that Article, was a Warrant issued out by himself to a Sergeant at Arms, one Savill, which gave directions and power to that Sergeant, to lay Soldiers on any person that should contemn the Process of the Council-board in Ireland; that was the effect: Now (says he) this Warrant is not produced, and adds, That the Iudges will tell your Lordships, that if a man be charged with anything under Hand and Seal, the Deed must be produced and proved, or else no credit is to be given to it. Truly, my Lords, it is true, if it had been a Bond, or a Deed, where those that Seal it, use to call their neighbors to testify, and be Witnesses to it, perhaps it might be a colourable answer, that because we do not produce the Deed, and prove it by Witnesses, you can therefore give no credit to it: But my Lords, in case of authority to commit High Treason, I suppose my Lord of Strafford, nor any other, did call witnesses to prove the Sign∣ing, Sealing, and Delivering of the Warrant for execution of High Trea∣son; and therefore it is a new way and invention found out by his Lord∣ship, for ought I see, to commit High Treason, and to give authority for it; and it is but taking away the original Warrant, and he shall never be touched for any Treason. But I beseech your Lordships patience, till I come to open that Article, and your Lordships will find the Warrant, (though it be not produced,) proved by three or four Witnesses, and his Hand and Seal proved too. And whereas he pretends the Sergeant at Arms is no competent Witness, because he excuses himself; my Lord mi∣stakes himself, for I take it to be no excuse, to prove a Warrant from any person whatsoever, if it be to commit High Treason: and therefore Savil's testimony is the more strong, being so far from excusing, that he doth ac∣cuse himself: And though he is charged with laying of Soldiers upon the Kings people, contrary to an express Act of Parliament made in 18 H. 6. yet my Lord is pleased (I know not how to term it, whether it be merrily or otherwise) to use his Retorick, Here is a great levying of War, when there is not above four Musquetiers, or six at most, laid upon any one man.

My Lords, it is a plain levying of War, and without all question, and in all sense, it is as much mischievous to me to be surprized by four or six Musquetiers, to enforce me to any thing they would have, as if there were an Army of Forty thousand brought upon me; for if that strength will but over-master me, it is all one to me, whether I be mastered by four, or by four thousand. And therefore let not this be a rule, that to send four, or six, or ten Musquetiers up and down, is not considerable, because of the smalness of the number (the danger is the same;) yet this is no levying of War, because they goe not in Troops of greater number, as it pleases my Lord of Strafford to affirm

My Lords, Your Lordships remember what the effect of the Warrant is sworn to be, that howsoever the Sergeant at Arms, and his Ministers that executed it, brought but four, or six, or ten, yet the Sergeant might have brought all the Army of Ireland, for there was authority so to do.

And admitting the matter of Fact proved, he mentions an Act of Parlia∣ment made 11 Eliz. whereby a penalty is laid upon men that shall lay Soldiers on the Kings Subjects, and yet (as my Lord observes) it must now be Treason in the Deputy.

My Lords, The very casting of an eye upon that Act, shews it to be as vainly objected, as if he had said nothing; for in truth it is no other, than as if he should say, The King hath given me the Command of an Army in Ire∣land, and therefore I may turn them upon the bowels of the Kings Subjects: It is no more in effect.

Your Lordships heard him the other day mentioning two Acts of Re∣peal, and I expected he would have insisted upon them; but it seems he hath been better advised, and thinks them not worthy repetition, nor in∣deed are they. And if the matter of Fact be proved upon the Fifteenth Article, I am confident he will find the Statute of 18 H. 6. to be of ful force.

My Lords, I am very sorry to hear, that when levying of War upon the Kings Subjects is in agitation, and he charged with High Treason, he should make mention of the Yorkshire men, and the Army now on foot, whereby he would insinuate, that if he be charged with High Treason, then they must be likewise, though they lye quartered, and have meat and drink with the assent of the people; which may breed ill blood for ought I know.

From the Fifteenth Article he descends to the three and twentieth, and that is the Article whereby he stands charged with speaking of Words, and giving of Counsel to His Majesty, to incense him against His Parliament pre∣tending a necessity, and telling him, he is loose and absolved from all rules of Government; that he had an Army in Ireland, which he might make use of to reduce this kingdom. In this he is pleased to begin with the Testimony of my Lord Ranelagh, conceiving an apprehension and fear in him, that the Army should go over to England, which my Lord says, is no more but his saying, and Mr. Treasurer Vane's.

I pray God my Lord Ranelagh had not much cause to fear; but by the same rule he may lay a charge of unwarrantable fear upon all the Com∣mons; for sure the Commons of England did fear it, else they would not make an Article of it: but my Lord Ranelagh's fear did not arise from a slight cause, and he shewed himself a good Common-wealths man in ex∣pressing it, and he is to be commended for it, howsoever it be apprehend∣ed by my Lord of Strafford.

For his observation of the single Testimony of Mr. Treasurer Vane, give me leave to take the same latitude as his Lordship did; for he shews to three or four Articles what he could have proved; as to the Article con∣cerning the Army, he could have proved the design of it by Sir John Burlacy, and some others if they had been here. But by this rule and liberty, he hath taken to alledge what he could have shown, give me leave to tell you what we might have shown, and are ready to show: we could have made it express, and proved it by Notes, taken by Secretary Vane, the 5th of May, when the words were spoken, which Notes should have been pro∣ved, if we had proceeded on the Three and twentieth Article, to corro∣borate the Testimony of Mr. Secretary Vane, and that by two Witnesses.

We could likewise have shown how we came to the knowledge of it, it being by means unknown to Mr. Secretary Vane, and have made him an upright Counsellor and Witness: but we shall prove his intenti∣ons to bring in the Irish Army another way, when I come to open my own course and method.

My Lords, he pretends these words were spoken the 5th of May, but when they were testified by Mr. Treasurer, he did not speak of the 5th of May, and yet now my Lord remembers the day: and I wonder how he came to the knowledge of the day, unless he likewise remembred the words.

But that my Lord observes, is, That being spoken then, how should he per∣swade the King, that he had an Army in Ireland, when in truth he had none there? for the Army was not on foot till a month after. This my Lords, is plainly answered; and if he had thought of his own answer, he had an∣swered himself: for he tels you, That in April before, he had taken a course for the levying of the Army, he had nominated the Officers, giving direction for raising it: and the day of the Rendezvous of the Army was appointed the 18th of May. And so in his own answer he makes an answer to the ob∣jection, and the objection is taken away out of his own confession.

From that Article he falls to the seven and twentieth Article, whereby he stands charged with Levying Money by force upon the Kings people in York∣shire: he is pleased to observe that all the proofe for the maintenance of that Ar∣ticle, is only the levying of Money by four Soldiers by Sergeant-Major Yaworth; where he is pleased to disdain the War, because it was so weak; yet it was too strong for them (God help them) that were forced upon pain of life to pay it. And whereas he pretends the Warrant was not from him, I shall reserve that till I come to the Article, and when I come to the proofs, I believe it will remain fixed upon him.

And there he left his Statute-Treason, and now he falls to the second kind of Treason, and that was the introductive or constructive Treason: He begins with the third Article, that is, concerning some words that he should be charged to have spoken in Ireland; and I shall desire that your Lordships would be pleased to look upon your Notes, how he answers that Article; My Lords, says he, I am charged to say that Ireland was a con∣quered Nation, and that their Charters were nothing worth, and bind the King no further than he pleaseth; therefore I am a Traitor because I speak the Truth. There was his Answer in his Collection. And for their Charters he sayes, he might very well say so, for he intended it no otherwise, but according to the validity of them, for they were several ways questionable, and ought not to bind unless they were good in Law. But if you look upon his Arguments, he hath like a cunning Orator, omitted the principal part of the Article; and that is▪ That Ireland is a conquered Nation, and they were to be governed as the King pleaseth, the King might do with them what he list; this he omits, al∣though they be proved by three witnesses, and are appliable to his inten∣tions fully; yet he could make use of so much as makes for him, and leaves out the rest, like your Lordships know whom.

Then he descends to the fourth Article, and this concerns some words he should speak, upon an occasion betwixt him and my Lord of Cork, that he should tell my Lord of Cork, He would have neither Law nor Lawyers dispute or question his Orders. And upon another occasion, That he would make my Lord of Cork, and all Ireland know, that all Acts of State (which are Acts of Council) there made, or to be made, should be as binding as any Act of Parliament: This he said was proved but by one witness: and I extreamly

marvel to hear him say so; for the latter words we proved by four, or five, or six witnesses, that is, That he would have Acts of State, as binding as Acts of Parliament. Whereas he sayes, these are all the words produced against him in the time of seven years Government there; your Lordships have heard of many words, and if we would trouble your Lordships further in this kind, we could prove such words spoken, as often almost as he re∣mained dayes in Ireland, that is, for the mis-recital. The other part two witnesses proved; but the residue, That they must expect Law from the King as a Conqueror, That Acts of State should be equal to Acts of Parliament, and when an Act of Parliament would not pass, he would make it good by an Act of State, these speeches at other times were proved by five witnesses.

Then he falls back to the second Article, touching the words, That the Kings little finger should be heavier than the loins of the Law.

My Lords, These words were proved expresly by five witnesses, to be by him spoken; and if he had produced five hundred that had said he did not speak them, they had not been equivalent to disprove five; but he produces none. Sir William Penniman repeats other words, and inverts them, and none but he. Another party, a Minister, reports a report that he heard concerning these words, but my Lord, he saith, the occasion of the speaking of them was not mentioned. Truly perhaps it might be the forgetfulness of my Lords memory, but let me put him in mind; and your Lordships remember that the occasion was exprest by one, and that is Sir David Fowles, that he laying a command upon Sir David, to repair a Bridge, and calling him to an account why it was not repaired, Sir David Fowles told him he could not do it by Law. And therefore omitting it, my Lord said to him, Sir, some are all for Law and Lawyers, but you shall know, that the Kings little finger will be heavier than the loins of the Law. Here is the occasion, though he would have another business, the knighting Money to be the occasion.

From the second he falls to the three and twentieth Article, that is, concerning words, that he should counsel His Majesty, that he might use His Prerogative as he pleased; but in saying there was no proof offered, he here begins to fall upon the other fallacy, that is, to pull things asun∣der (whereas we produce them together) and would make that which is a Fagot, to be but a single Stick; but under favour, when I come, with your Lordships patience, to open the force of the proofs, and put them together, he shall find (contrary to his expectation) that they are fully proved by the testimony of many witnesses, upon consideration of the precedent, concurrent, and subsequent Acts and Intentions of my Lord of Strafford.

I shall not now run over my Lord Primates testimony, or my Lord Con∣wayes, or master Treasurers, or my Lord of Bristols, but make use of them in their proper places, when I shall put all together, to shew his design, and to prove his speaking of the words.

Then he comes to the five and twentieth Article, which I shall not in∣sist on, though he pretends it not proved; I shall refer that to my recol∣lection, that I may not answer to his pieces, but bring all together, and then the horror of his Fact shall more speciously appear. Only this (under favour) I cannot pass over, when he comes to justify an Advice and Coun∣sel of the Kings being loose and absolved from all rules of Government, and that he might use his Prerogative as he pleases, he is pleased to men∣tion the Argument of the Judges in the Ship-money, and what they should deliver, he makes the Warrant of his Counsel. Now your Lordships may

observe, he would justify his actions by Law, in some cases, where it is to his advantage, but in other cases he must be ignorant of the Law.

But my Lords, for him to mention any thing in the Argument of the Judges, concerning the Ship-money, which is now cendemned, and to make that a ground of his Counsel and advice to the King, and not the judgement in truth, but the Argument of the Counsel at Bar, that there∣fore he is loose, and absolved from all rule of Government; for him to make the Parliaments deferring to give supply, to be that necessity which was insisted upon in the Counsels Argument, and to be such an unavoida∣ble necessity, as to beget an Invasion upon Propriety and Liberty, it rests in your Judgements, and the judgements of all that hear me, what ar∣gument this is, and what he declares his opinion to be this day.

In the latter part let me close hands, and agree with him; he sayes, Proofs must be taken by themselves, they must not be judged by pieces, but together; and now in good time I shall joyn with him, and shall de∣sire the same judgement, that things may not be taken asunder, but judg∣ed together according to his own words.

For the twentieth Article, he is thereby charged with being an Incendi∣ary between both Nations, and an occasion of drawing two Armies into this Kingdom, and to incense the War.

My Lords, I remember (if I did not mis-conceive, and my memory misprompt me) my Lord said, He could have no occasion to incense a War, being a man of an Estate, and should have no benefit by it, having sufficient to live without it: but in due time I shall make it appear, to my apprehen∣sion, and I believe to your Lordships, when you have heard it, that the incensing of this War, and provoking of it, was the principal instru∣ment of bringing to pass his design of subverting the Laws, through the whole work of it.

My Lords, in the passage of this, he takes occasion to speak of the te∣stimony of Mr. Secretary Vane, who testifies, That my Lord was for an of∣fensive, and himself for a defensive War: Whence my Lord argues, here is no great difference, for both were for a War: But my Lord, Is there no dif∣ference between an offensive and defensive War, in case of Subjects that live under one King? is there no difference to bring an Army to offend them, and for the King to raise a force to defend himself? truly I think there is a great difference, and a very material one too: but your Lordships see he makes no difference between them.

My Lords, In the four and twentieth Article he mentions, That he is charg∣ed with being an occasion to break the Parliament, and lays hold of that, as in the other Articles, That it was not proved, but declined. My Lords, when he shall hear the repetition of the Evidence, though part of the Article was not particularly insisted upon, yet I believe it will appear to your Lordships, and the world, that he was the occasion of breaking the last Parliament, and it is expresly proved by witnesses enough; and though he says, How should any body think him an occasion of it, that did so often advise Parliaments? yet I shall shew anon, that when he did advise them, it was to compass his own Design and Plot, without which, his ends could not be brought to pass.

He came from the Four and twentieth Article, to the Seven and twen∣tieth, and he answers against that Article, That when Armies are in the field, men cannot walk so peaceably, as an Attorney with his Box and Papers in Westminster-Hall. I know not what he means; but when two Armies are in the field, they may raise War against the Kings people, as well as

the King for his just defence; it is the way to make his people terrified with Armies, and to avoid them as a Serpent, and therefore it is a dan∣gerous aspersion, as I conceive.

With these he concluded, except some things that he took, by way of artificial insinuation, to perswade your Lordships, That it was dangerous to raise a Treason that had lain asleep, I know not how many hundred years, and create a Treason. A strange thing indeed it is, That a man shall be charg∣ed with a Treason for subverting the Law! A strange thing that one should be charged with Treason for killing a Justice sitting in the Seat of Justice, and yet it should be no Treason to destroy King, and Kingdom, and peo∣ple, and all; all which are destroyed, if the Law be subverted.

And now having touched upon what he hath spoken, with your Lord∣ships good favour, I shall crave leave to run the course I have propound∣ed with my self: and that very briefly; that is, upon the whole matter, to shew how far the Evidence, produced on the Commons part, doth prove the Charge.

My Lords, That laid to his charge, is a design and purpose to subvert the fun∣damental Laws of two kingdoms, and to introduce an Arbitrary and Tyrannical Government; not that he did effect it, but that he did intend it: for if he had done it, it had been too late to question it, he had left no rule whereby to call him to Tryal; but his intention and his endeavour are his charge.

My Lords, How far this is proved, if your Lordships be pleased to call to mind the Articles and the Evidences produced on the Commons part, your Lordships will find, I believe, that his Words, his Counsels, and his Actions, do sufficiently prove his endeavouring to destroy.

In the first Article, where my Lord of Strafford hath the first oppor∣tunity offered him to put this endeavour in execution (that is the first place of eminency amongst his other Places and Commands, which I take it, was his being made President of the North) he is no sooner there, but there be instructions procured to enable him to proceed in that Court, almost in all Causes; for a man can scarce think of a Cause, which is not comprehended within the Instructions obtained after his coming thither: but I shall put your Lordship in mind of two clauses of the Instructions procured in the Eighth year of this King, and after he was President; that is, the clause of Habeas Corpus, and Prohibitions; that no man should ob∣tain a Prohibition, to stay any Suit that should be commenced before him, in the Council of York; That if any man should be imprisoned by any Process out of that Court, he must have no Habeas Corpus. A Prohibition is the only means to vindicate the estate of the Subject, if it be questioned without Authority. A Habeas Corpus is the only means to vindicate his Liberty, if he be detained without Law: but these doors must be shut a∣gainst the Kings Subjects, that if either they be questioned, or restrained before him, there must be no relief. How far he could go further I am to seek, there being no means for the Subject to relieve himself, if he be que∣stioned for his Estate without authority; no means to redeem himself, if his person be imprisoned without Law. And he had so incircled himself a∣bout, that if the Judges should find the party that returns not the Habeas Corpus, according to Law, there was a Power, and a Warrant, by the In∣structions, to the Barons, to discharge the Officers of that Fine. And now I refer it to your Lordships judgements, Whether this be not to draw an Arbitrary Power to himself.

For the execution of this Power, it is true, it is proved to be before the instructions in the eighth year of the King; but then it riseth the more in judgement against him; for your Lordships have heard how he went into a grave Judges Chamber, blaming him for giving way to a Prohibition, granting Attachments against one that moved for a Prohibition; and though this was done before the Instructions were granted, yet the Instructions coming at the heels of it, sheweth his disposition and resolution more clearly, for he acts it first, and then procures this colour to protect it: and though he pretends there was no proof, yet I must put your Lordships in mind, that when these things were in question, concerning the apprehen∣sion of a Knight, by a Sergeant at Arms, he kneels to His Majesty, That this defect might be supplyed, and this jurisdiction maintained, else he might goe to his own Cottage.

And here being the just commencement of his greatness, if you look to the second, it follows, That at the publick Assizes he declared, That some were all for Law, but they should find the Kings little finger heavier than the loins of the Law. He did not say it was so, but he infused it as much as he could into the hearts of the Kings people, that they should find it so; and so he reflects upon the King, and upon his people; the words are proved: And to speak them in such a presence, and at such a time, before the Judges and Countrey assembled, they were so dangerous, and so high expressions of an intention to counsel the King, or act it himself, to exercise an Arbi∣trary Government, above the weight of the Law, as possibly could be exprest by words. And this is proved by five witnesses, and not disproved, nor is any colour of disproof offered, but only by Sir William Penniman, who says, he heard other words, but not that he heard not these words, If he doth, he must give me leave not to believe him; for five affirmati∣ons will weigh down the proof of a thousand negatives.

He stays not long in England with this power (though while he stays, you hear how he vexes the Subject) but then he goes into Ireland, and as his authority increases, so he ampliates his design; and no sooner is he there, but the third Article is laid to his charge; That when the City and Recorder of Dublin, the principal City of Ireland, presented the Mayor, upon a solemn Speech and Discourse concerning the Laws and Liberties (as your Lordships know that is the subject matter of a Speech at such presentments, as when the Lord Mayor of London is presented to the King) I beseech your Lordship, observe the words he then used, They were a con∣quered Nation, and that we lay not to his charge, but they were to be govern∣ed as the King pleases, their Charters were nothing worth, and bind but during the Kings pleasure.

I am to seek, if I were to express an Arbitrary Power, and Tyrannical Government, how to express it in finer words, and more significant terms than these, That the people shall be governed at the Kings Will, that their Charters, the sinews and ligatures of their Liberties, Lands, and Estates, should be nothing worth, and bind no longer than the Kings pleasure, espe∣cially being spoken upon such an occasion, and the words proved by two or three Witnesses of credit and quality.

From thence we descend to Articles, that shew the execution of his pur∣pose. There are three things a man enjoys by the protection of the Law; that is, his Life, his Liberty, and his Estate. And now, my Lords, observe how he invades, and exercises a Tyrannical Jurisdiction, and Arbitrary Go∣vernment over them all three. I shall begin with the fifth Article, that is concerning my Lord Mountnorris and Denwit. My Lord Mountnorris, a

Peer of that Realm, was sentenced to death by procurement of my Lord of Strafford; who, howsoeve he pretends himself not to be a Judge in the cause, yet how far he was an Abettor, and Procurer, and Countenancer, and drawer on of that Sentence, your Lordships very well remember; he was sentenced to death without Law, for speaking words at a private Ta∣ble, God knows, of no manner of consequence in the world, concerning the treading upon my Lord of Strafford's Toe; the Sentence procured seven months after the words spoken, and contrary to Law, and himself being put in mind of it, my Lord Mountnorris desiring to have the benefit of the Law, and yet he refusing it.

And then it was in time of Peace, when all the Courts of Justice were open, and to sentence a man to death of that quality, my Lord of Straf∣ford himself being present, an author, a drawer on of it, makes it very hainous. Your Lordships remember this Article was fully proved, and though he pretends His Authority by a Letter from His Majesty, I shall in due time give a full answer to that, so that it shall rise up in judgement against him, to aggravate his offence, and that in a great measure.

Here he exercises a Power over Life, his excuse was, That he procured a Pardon from my Lord Mountnorris, but the Power was exercised, and the Tyranny appeared to be the more; He would first sentence him to death, and then rejoyce in his Power, that he might say, There remains no more but my command to the Provost Marshal to do execution. To exercise a power over his life, and to abuse him afterwards, is very high; but no thanks to him that the sentence of death was not executed, it was the Grace and Good∣ness of His Majesty, that would not suffer my Lord Mountnorris, a person of that Eminence, to be put to death against Law.

But the other was hanged, and as appears, against Law; and though my Lord pretends the party was burnt in the hand, yet that was not pro∣ved, nor material: and for him to do this in time of Peace, when the Courts of Justice were open, it argues a desire in his Breast, to arrogate a Power above Law.

And in truth I may not omit some observations that my Lord made this day; He hopes His Majesty would be pleased to grant him a Pardon. I per∣ceive he harboured in this thoughts, that he might hang the Kings Sub∣jects when he would, and then get a Pardon of course for it. The Lord bless me from his jurisdiction.

My Lords, give me leave to goe back again, here is Power over the Lives and Liberties of the Subject; but he exercised likewise a Tyrannical Power over his Estate. Your Lordships may be pleased to remember the fourth Article, where he judges my Lord of Cork's Estate, in neither Church-land, nor Plantation-land, and therefore had no pretence of a Ju∣risdiction; for it is a Lay Fee divolved by Act of Parliament to the Crown; yet he deprives him of his possession, which he had continued for Twen∣ty nine years, upon a Paper-Petition, without rules of Law. And where∣as my Lord of Cork went about to redeem himself (the Law being every man's inheritance, and that which he ought to enjoy) he tels him, He will lay him by the heels, if he withdraw not his Process: and so when he hath judged him against an express Act of Parliament, and Instructions, and bound up a great Peer of the Realm, he will not suffer him to redeem that wrong, without a threat of laying him by the heels, and he will not have Law nor Lawyers question his Orders, and would have them all know, an Act of State should be equal to an Act of Parliament: which are words of that

nature, that higher cannot be spoken, to declare an intention to proceed in an Arbitrary way.

The next was in my Lord Mountnorris his Case, and Rolstone. And here I must touch my Lord with misrepetition. Rolstone preferred a Pe∣tition to my Lord Deputy, my Lord Deputy himself judges his Estate, and deprived him of his possession, though he cannot produce so much as one example, or precedent (though if he had, it would not have war∣ranted an illegal action) but he cannot produce a precedent, that ever any Deputy did determine concerning a mans private Estate; and if he hath affirmed it, he proved it not: some Petitions have been preferred to him, but what they be non constat. But though never any knew the Deputy alone to determine matters of Land, yet he did it.

To the Seventh Article we produce no Evidence; but my Lord of Strafford cannot be content with that, but he must take upon him to make defence for that which is not insisted upon as a charge; but since he will do so, I refer it to the Book in print, where he determines the Inheritance of a Nobleman in that Kingdom, that is, my Lord Dillon, by a Case falsly drawn, and contrary to his consent; and though he deprives him not of his possession; yet he causes the Land to be measured out, and it is a dan∣ger that hangs over his head to this day. And had we not known that we had matter enough against my Lord of Strafford, this should have risen in judgement against him; but I had not mentioned it now, if he had not mentioned it himself.

The Eighth Article contains several charges, as that of my Lord Chan∣cellor, How he imprisoned him upon a Iudgement before himself and the Coun∣cil, how he inforced the Seal from him when he had no authority; nay, though it were excepted by his Patent, that he should no way dispose of it; but he looked not to Authority, further than might make way to his Will.

Another concerns the prime Earl of that Kingdom, my Lord of Kil∣dare, whom he imprisoned, and kept close prisoner, contrary to the Kings express command for his deliverance; and in his answer my Lord acknow∣ledges it, but sayes, That that command was obtained from the King upon a mis-information.

These things I would not have mentioned, if he had passed them over; but since he gives them in, give me leave to mention and say, we had a ground to put them into Charge, and could have proved them, if there had been need, punctually and expresly, and I believe, little to my Lords advantage.

But your Lordships, I think, do remember my Lady Hibbots Case, where the Lady Hibbots contracts with Thomas Hibbots for his Inheritance, for 2500 l. executes the Contract by a Deed, and Fine levied, deposits part of the Money, and when a Petition was exhibited to the Lord Deputy and Council for the very Estate, your Lordships remember how this came in judgment before my Lord Deputy; there was but a Petition delivered, there was an answer made, and all the suggestions of the Petition denied; yet my Lord spake to Hibbots himself, that was willing to accept the Mo∣ney, not to decline the way that he was in by Petition, Five hundred pound more will do him no hurt to carry into England with him: and yet, without examination of a Witness, a Decree was made to deprive this Lady of her Estate: and the purchasing of this Land by my Lord of Strafford, was pro∣ved by two Witnesses, though not absolutely, yet by confession of Sir Robert Meredith and others, whose names were used in Trust for my Lord of Strafford, and that it proved according to my Lord of Straffords

Prophecy; for the man had five hundred pounds gain above the Contract with my Lady Hibbots.

But after the Lands were sold for Seven thousand pounds: so that the Lady Hibbots offence was her making of a bargain, whereby to gain Five hundred pounds; but there was no offence in my Lord, to make a bargain for Three thousand pounds, and to gain Four thousand pounds presently: this you see proved by Hibbots the party, and by Mr. Hoy, the Son of the Lady Hibbots,

So that here is a determination of a Cause before the Council-Table, touching Land, which was neither Plantation, nor Church-Land, with∣out colour of the Instructions, contrary to Law, to Statute, to Practice; and if this be not an exercising of an unlawful jurisdiction over the Land and Estates of the Subject, I know not what is.

In his answer to this case he did open it (yet whether he mistook or no I know not) that he had a Letter from the King, but he produces none in evidence; and that is another mis-recital. I am sorry he should mis∣recite, and fix it upon the Person of His Sovereign in a case of this nature.

Now he falls more immediately upon the liberty of the Subject, and that is by the Warrant mentioned in the Ninth Article, to be issued to the Bishop of Down and Conner, whereby he gives power to him and his Of∣ficers, to apprehend any of the Kings Subjects that appeared not upon Process out of his Ecclesiastical Courts, expresly contrary to Law; and your Lordships have heard how miserably the Kings Subjects were used by this Warrant, as hath been proved by a Gentleman of Quality, Sir Iames Mountgomery: And howsoever he pretends it was called in, it was three whole years in execution, before it was called in; and though he pretends his Predecessors did ordinarily grant Warrants of that nature, yet he proves no such thing.

My Lord Primate was examined, and he says, that Bishop Mountgome∣ry did tell him there was such a Warrant, and one Witness more speaks of one Warrant, and that is all the Witnesses produced, and that but to be a Copy too. Your Lordships have heard how he exercises his jurisdiction and power over particulars, and that in a numerous manner; now your Lordships shall find it universal, and spread over the face of that King∣dom that was under his jurisdiction, and that is in the tenth Article, which concerns the Customs: where he doth impose upon the Kings Subjects a Rate and Tax against Law, and enforces them to pay it, or else punishes them for it; which is expresly an arrogating to himself of a jurisdiction above the Law.

My Lords, in his answer he pretends that this is rather a matter of fraud than otherwise: in truth and so it is, and that a great one too. But as it is a fraud, a dis-service, and deceit to His Majesty, so it is likewise an ex∣ercise of a Tyrannical Jurisdiction over his Subjects. That it is a fraud to His Majesty, it plainly appears, for the King lost exceedingly by it; where∣as before the Rent afforded the King was 11050. l. there was improved by the new Lease, that my Lord of Strafford took but 1350 l. and I beseech your Lordships observe how much the King lost by it; for my Lord had comprehended in his new Lease the Impost of Wine, for which the King before that time received 1400 l. a year; and likewise the Custom of Lon∣don-derry, Colerane, and Knockfergus, for which the King had reserved 1700 l. a year, besides the moity of the seizures: so here is 5000 l. that the King lost of the old Rent expresly: and if your Lordships please, observe the gain and benefit my Lord of Strafford made by it; in one year

he and his sharers received 39000 l. and in the last year 51000 l. and that expresly proved upon two accounts: and if this be his dealing, where is his service to the King in his pretence to advance the Customs?

It is true, he says, The King hath five eighth parts, but it was but with∣in these two years, the King had it not before. And I would very glad∣ly have heard whether the King received his part of an account of 55000 l. if he had received it, I believe we should have heard of it.

My Lords, There is something more; here is a new imposition on the Kings people without Law, and yet I will do my Lord of Strafford no injury: but I tell you how the proof stands; It was a Book of Rates fra∣med before he came to the farm, for the Book of Rates was in March, and the Date of his Assignment was in April following; and therefore my Lord saith, It could not be for his benefit. But, my Lords, all this while my Lord of Strafford was in England, and in agitation for the procuring of it, and they come one upon the heels of another, and I beseech you ob∣serve cui bono; the Book of Rates was procured within a month of the Patent, but God knows whether it were not within the compass of his in∣tentions to take the Patent; and therefore whether he were not the Instru∣ment of raising Rates, it rests in your Lordships judgement, and all that hear me; I am sure the benefit redounded to himself: and so here is an Ar∣bitrary Government in imposing and forcing to pay, for that I desire your Lordships to take with you; and he might as well have raised nineteen shillings on a pound, as nine pence or three pence, by the same rule of Law.

The next Article in number was the Eleventh, and I would be glad my Lord had not mentioned it; it concerns the Pipe-staves, wherein he pre∣tends he did the King great service, and that, he sayes, was the reason of our passing over it: but that was not the reason; it had been a foul business if we had opened it; but having enough besides, we made not use of it: for the substance of the proofs by multiplicity of Witnesses had been, that the parties themselves that bought the Pipe-staves for four pound odd money, were fain to sell them to his Instruments for six pounds, and after to buy them again for ten pounds, else there must be no Licence to export them: but that I would not have mentioned, if he had let it slip over.

I come to the Twelfth Article, and that is concerning the Tobacco, where∣in he pretends the Kings service, and if my memory fail me not, the de∣sire of the Parliament, that he should take this into his hands for the King.

My Lords, Therein, under his favour, he hath mis-recited the Evidence, and spoken that he cannot justify; for he can shew no such desire of the Parliament. It is true, there was a desire of the Parliament, that the King would be pleased to take his Customs into his hands, for the ad∣vancement of his Revenue, that it might go to maintain himself, and he might not be abused, and others live by it; but to take the Tobacco into his hands, he never did, nor can produce a witness to prove such their desire; and therefore, under favour, he fixes a wrong upon the Par∣liament, and injures your Lordships by his reciting that he neither did nor can make good; for there was no such thing.

But if you observe the course he takes, he makes Proclamation to hin∣der the importing of Tobacco into Ireland; that if it be imported, it must be sold to him at his own rate; and by this means he first hinders the liber∣ty of the Subject from doing what the Law allows him, and so takes on him an Arbitrary Power; And Secondly, he ingrosses this commodity to him∣self, deceiving His Majesty, to whom he professeth so much fidelity; for whereas there is 5000 l. Rent to the King, he, by the computation of

Merchants, receives near 14000 l. a year: And because their computati∣ons are not always true, I do not care if I allow him 40000 l. mistaken, and then he will gain near 100000 l. so that if he intends the Kings bene∣fit, it is wonder he told not His Majesty of the great profit that might thereby have risen, and let him partake of it, as in Justice he should have done, according to the Trust reposed in him: but you have heard of no such matter. And surely my Lord of Strafford would not have omitted it, if it had been for his advantage, especially in this presence, where he omits nothing to clear himself, or to insinuate with His Majesty.

Now I come to the Thirteenth Article, the Article concerning Flax, which I know is fresh in your Lordships memories, and I believe will be so in the memories of the Subjects of Ireland for many years, how he in∣grossed it into his hands, and interrupted the Trade of the poor People, whereby such miseries and calamities befell many of that Nation, that as you have heard it proved, thousands dye in ditches for want of Bread to put in their mouths. And whereas he pretends that this was proved but by one witness, and that man to be imprisoned, and of no credit, though he was his own instrument; your Lordships remember Sir Iohn Clotwor∣thy his testimony, and anothers, and his own Warrant produced, and acknowledged here to justify the execution of it, and such a thing was thereby taken into his own hands, that I profess I never heard the like, that the poor people should be constrained to use their own as he pleased, and that pleasing of himself laid an impossibility on the people to execute his pleasure, which was a bondage exceeding that of the Israelites under the Egyptians; for there was not laid so much upon the Children of Israel, but there was a possibility to perform; they might with much labour per∣chance get stubble to burn their Brick, but the Natives here must have a charge laid upon them without possibility to perform, and the disobedi∣ence must cost them no less than the loss of their Goods, which drew with it even the loss of their lives for want of bread. This was not proved by only one witness, but by many. And your Lordships remember the re∣monstrance of that Parliament of Ireland, which declares it to a greater height than I have opened it.

The Fifteenth Article, is that of Levying War upon the Kings Subjects, ex∣presly within the Statute of 25 Edw. 3. and 18 H. 6. Your Lordships have heard the Warrant proved by the party himself, to whom it was direct∣ed; whereby Power was given to lay Soldiers upon any party, that did not obey my Lord of Straffords Orders at the Council Table, but not to circumscribe him to a certain number; but the Sergeant at Arms and his Ministers, might lay as many as they would. It is true, this Warrant was not it self produced, but a copy was offered, which was not read; and therefore I will not offer it to be proved, but the party that executed the Warrant it self, proves it to be under the Hand and Seal of my Lord of Strafford, he proves the express authority of it, which was to the effect I opened; three or four more, who saw and read it, proved the same: and that it was under the Hand and Seal of my Lord of Strafford, that accordingly it was executed upon divers of the King's Subjects; it was proved by three witnesses expresly in the point, how by colour of this Warrant the Sergeant at Arms, and his Officers, sent Soldiers to lye in the Houses and Lands of the Kings Subjects; how the Owners were thereby forced out from their own Habitation; how their Goods were wasted and devoured, their Corn and Victuals eaten up, and the Soldiers never left them, as long as any part of their Estates remained to maintain them.

My Lord of Straffords defence is, That it hath been used before his time in Ireland; wherein he hath again mis-recited; for he did not offer a proof, nor a particle of a proof, that ever any man did know Soldiers laid upon any party, for refusing to appear to a Warrant, or for other contempt at Council-Table, before himself did it; but he offered to prove, That formerly Soldiers were sent against Rebels, and that after they were declared to be Rebels, and that justly too; and he proved an use and custom to force men to pay Contribution-money, due to the King, but that was by con∣sent of the people, who granted a Contribution of 20000 l. a year, for increase of the Kings Revenue; and that it might not be upon Record in the Exchequer, and so claimed as due in time to come, they consented, that Soldiers should be laid upon them that refused it; and the word (Consent) is within the Statute of 18 H. 6. Again, did he prove all man∣ner of Rents were levied by Soldiers? no such thing; but such Rents as were designed for the payment of the Army: he proved by Sir Arthur Terringham, the laying of Soldiers once for the payment of a fum of Mo∣ney; but Sir Arthur being demanded whether it were the King's Rents, or comprehended within the same general Rule, he could make no answer thereunto.

Your Lordships remember, he says He did not know it, and therefore pro∣bably it was the Kings Rents; and doubtless it was so.

But if he had produced Precedents, it could not be an authority for Treason, that if people did not appear to his Orders, he must levy War against the Kings Subjects; and for his extenuation of the War, that the same was of no great danger, there being not above five or six Soldiers laid at a time. I would to God, the people oppressed by it, had cause to undervalue it: I am sure four or six Musquetiers are as strong to oppress a man, as four thousand; so the matter of Fact is strongly and expresly pro∣ved. Besides, though there came not above four or five to a house, yet the authority given to the Sergeant was general; he might have brought more if he had listed: and in truth, he brought as many as the Estate of the party would maintain,

And as to the not producing of the Warrant, I have already answered it. If it were in the case of a Deed wherein men call for witnesses, it were something; but God forbid that the Treason should be gone, and the Traitor not questionable, if his Warrant can be once put out of the way.

The next Article which is laid to his charge, is, For issuing out a Procla∣mation, and Warrant of restraint, to inhibit the Kings Subjects to come to the Fountain, their Sovereign, to deliver their complaints of their wrongs and oppressions. Your Lordships have heard how he hath exercised his juris∣diction, and now he raises a battery to secure and make it safe. If he do wrong, perhaps the complaint may come to the Gracious Ears of a King, who is ready to give relief, and therefore he must stop these cries, and prevent these means, that he may go on without interruption; and to that end he makes Propositions here, That the Kings Subjects in Ireland should not come over to make complaint against Ministers of State, before an address first made to himself. It is true, he makes a fair pretence and shew for it, and had just cause of approbation, if he intended what he pretended; But as soon as he came into Ireland, what use made he of it? he ingrosses the proceedings of almost all the Courts of Justice into his own hands, and so pre-possesses the King by a colourable proposition, and prevents their co∣ming over before they had made their address to himself, and then he be∣comes the wrong doer, and issues Proclamations for the hindring of the

King's Subjects to seek redress without his leave; which is as great a proof of his design, and as great an injury to the people, governed under a Gra∣cious Prince, as a heart can conceive. And what his intention was in exhi∣biting this Proposition, it will appear in the sentence of a poor man, one David, who was censured, and most heavily Fined for coming over into England to prosecute complaint against my Lord of Strafford. It is true, that this was not the cause expressed, but this was the truth of the matter. Your Lordships remember a clause in the Order at Council-Board, where∣by is set forth the cause wherefore the party is not sentenced, which I ne∣ver saw in an order before, nor should now, but that my Lord foresaw there was danger in it, that he might be charged in this place for the fact; and therefore puts in negatively, why the party was not censured. Clausula in∣consulta inducit suspitionem. And how defends he this Article? he sayes, his predecessors issued Proclamations to hinder the Kings Subjects from going over, lest they should joyn with O-Neal, and Tirconnell beyond Sea, and so it might be dangerous to the State; but because they may joyn with Foreigners, shall they therefore not come to the King to make just complaint? What this argument is, I refer to your Lordships judgments.

Then he pretends a former precedent, affirming that the like instructions were given to my Lord of Faulkland; but was there any, that none should come to their Sovereign, to make their just appeal if injured? Surely there was never any such Instruction before, and I hope never will be again.

The next Article is the Nineteenth: and now when he had so plentiful∣ly exercised his Tyranny over the Lives, the Liberty, and the Estates of the King's Subjects; A man would think he could go no further: But see a Tyranny exercised beyond that, and that is over the Consciences of men: hitherto he dealt with the outward man, and now he offers violence to the inward man, and imposes an Oath upon the Kings Subjects, and so ex∣erciseth a Tyranny over the Consciences of men.

And setting aside the matter of the Oath, if he hath authority and pow∣er to impose such an Oath as he shall frame, he may by the same power im∣pose any Oath to compell Consciences.

He pretends a Warrant from His Majesty to do it, but the Kings Mini∣sters are to serve the King according to Law; and I dare be bold to say (and we have good reason to thank God for it) if any of the Kings Mi∣nisters tell him, that any Command he gives is against Law, there is no doubt but in his Goodness and Piety, he will withdraw his Command, and not enforce execution; and therefore if there were an error, the King is free, and the Ministers to be justly charged with it.

But there was no Command from the King to compel and enforce them to take the Oath by the power of the Star-Chamber, to commit them to prison, to impose heavy Fines, and tyrannize over them; all which he did in the Case of Steward.

And now one would have thought he had acted his part, when he had act∣ed as much as lay in his own power; and yet he goes beyond this, he was not content to corrupt all the streams (which was not a diverting of the course, as he spoke in his answer; for he not only turned the course of the water, but changed the nature of it, converted it into poyson, a legal and just proceeding into a Tyrannical and Arbitrary Government, which is not turning, but corrupting of the clear and chrystal streams to bitterness and death.) But yet the Fountain remains clear, and perhaps when his hand is taken off, you shall have the streams run as pure and uncorrupt as ever they did. This is it troubles him, remove but this obstacle, and the work is per∣fect;

and therefore now he will go about to corrupt the streams: if he can but infuse his poyson into the Kings heart, which is the Fountain, then all is done; and now he attempts that, and approacheth the Throne, en∣deavours to corrupt the Kings Goodness with wicked Counsels; but God be thanked he finds there too much Piety to prevail.

And therefore the next Article is that, that charges him to be an Incen∣diary to the War betwixt the two Kingdoms: and now I shall be bold to un∣fold the mystery, and answer his objection: To what purpose should he be an Incendiary? were it not better to enjoy his Estate in peace and quietness, than have it under danger of a War? Now your Lordships shall have the Riddle discovered.

The first thing he doth after his coming into England is, to incense the King to a War, to involve two Nations of one faith, and under one Sove∣reign, to imbrue their hands in each others Blood, and to draw Armies in∣to the field.

That he was this Incendiary, give me leave to revive your Lordships memories with the proofs which will make it plain; and first give me leave to note unto your Lordships, that His Majesty, with much wisdom, did in Iuly 1639. make a pacification with His Subjects, and even at the very heels of this pacification, when all things were at peace, upon the tenth of September, which was the next month but one, your Lordships remem∣ber the Sentence of Steward in the Star-Chamber of Ireland, for not taking the Oath; your Lordships may call to mind the language my Lord of Straf∣ford was pleased to use to the Scots: when all was in quietness, he then calls them no better than Traitors or Rebels, if you will believe what the witnesse testifies, whom my Lord is pleased to call a Schoolmaster: And truly admit he were so, because he is a Schoolmaster, therefore not to be believed, is a non sequitur. And another Witness, one Loftus speaks to the words, though not in the same manner; but I say, the Tenth of September, when things were at peace and rest, when the King was pleased to be reconci∣led to them by that pacification, what boiled in his breast then, to the breaking forth of such expressions, I know not, unless it were an intenti∣on to be an Incendiary.

My Lords, I must say and affirm, and he hath not proved it to the con∣trary, that all this while (I am confident) there was not any breach of the pacification on either side, and it lyes on his part to prove there was: But the Parliament of Scotland then sitting, and making preparation for their demands in pursuance of the Articles of pacification, he coming over into England in September, immediately upon the pacification answers, That he found things so distracted here, that it was fit the Scots should be reduced by force, if they could not be otherwise: yet no breach appears, no War was denoun∣ced, there was no intention of a War: but see what harboured in his breast all the while?

The fourth of December following, my Lord Traquaire made his relation to the Council of the Scots proceedings: and all this while there was no Demands brought by the Scots themselves, nor reason of their Demands brought by others, though they were not prepared; yet you have heard his advice was for an offensive War, and that the Demands were a just cause of the War. And though he pretends he said no more than what the rest of the Lords of the Council concurred with him in, I will joyn in issue with him in that, and if some of your Lordships be not satisfied, you have many noble Lords among you, from whom you may be satisfied that it is not so; I am sure he proves it not. It is true, in the proposition of the Demands, some

of the Lords of the Council did say, That these Demands hypothetically, if the Scots did not give satisfaction by their reasons, were a just cause of War; but not any Lord of the Council was of that opinion, that the very De∣mands, positively, without hearing of the reasons, were a just cause of War, but himself; and I believe the Noble Lords of the Council, their Consci∣ences can tell them, and I believe will deliver it to the rest of the Peers, that I speak truth.

For the offensive War, he pretends a concurrence of the rest, but it was disapproved; many were for it upon these terms, If they did not give reasons, and shew just cause for their Demands; and many were against an offensive War upon any terms, and therefore herein he fixes that upon the Lords of the Council, which he cannot make good.

All this while his intentions are discovered by a matter precedent, but after the breach he discovers his anger further towards the Scottish Nati∣on, and makes it his design to incense the King to this War.

My Lords, he is not at end yet, for he confesses himself that he ad∣vised the King to call a Parliament; and now I come to his work of merit, but it was to his destruction, and serves to prove this Article directly; for to what purpose was this Parliament called? Exitus acta probat; it was no sooner set, but within three weeks a proposition is made for supply to∣wards a War against the Scots: Who was the cause of calling the Parliament? himself; and therefore who was the cause of this Proposition but himself? and so the calling of the Parliament is a concurring evidence of his being an Incendiary to put on the War; and it shall appear anon absolutely, that he was the occasion of it, though he thinks there be no proof of it.

Did not he go over into Ireland, and by his sollicitation there, Subsi∣dies were granted by the Parliament, only, to maintain this War, and to shew their ingagement in it? and who was the occasion of drawing them on, I referr to your Lordships judgements, by the circumstances precedent.

Your Lordships heard his good opinion of the Scots, when he began to discourse with the Citizens touching Money, and their affording of the King supply, and seizing the Mint, by giving them no better expositions than Rebels; for, saith he, you are more forward to help the Rebels here, than to pay the King his own: I know not who he meant, but certainly the Scots were in his thoughts; so that from the beginning he incensed the War a∣gainst them: First, he exclaimed against them during time of peace. He al∣ledges in his Answer, That things were found in such distraction, that it was fit the Scots should be reduced by force: he gave advice precipitately without hearing the reasons, and not concurrent to the Council, for an offensive War; and putting all together, I refer it your Lordships judgement who is the Incendiary; for how can it be proved more clearly, unless it should appear under his Hand and Seal, proved by two or three witnesses?

Now, My Lords, how comes this to be his design? here the Mystery comes to be unfolded. Having thus incensed to the War, and ingaged the King to the uttermost, and having a Parliament now dissolved without supply, he sets up an Idol of his own creation, as a means to draw on his design, and that was necessity; necessity, is it that must enforce the King: what to do? to levy Money, to use his Prerogative, to raise supplies upon His Subjects without their consent, against their Will, necessity must be his Argument, and this War must be the occasion of that necessity, and without that, he cannot suggest to the Kings ear, or advise this necessi∣ty, till this be brought to pass.

And now he hath brought it to pass, he began in the One and twenti∣eth, Two and twentieth, and Three and twentieth Article, to perswade the King, that necessity hath surprized him, by the Parliaments deserting of him; that the Parliament had forsaken the King, in denying supply, and ha∣ving tryed the affections of His people, he was loose, and absolved from all rules of Government; and had an Army in Ireland which he might employ, to re∣duce this Kingdom.

That he spake these words to the King, part is proved by two concur∣rent Witnesses, that is, that having tryed the affections of his people, he was now loose and absolved from all rules of Government; which words are pro∣ved by two witnesses of eminent quality, that is, my Lord of Northumber∣land, and Sir Henry Vane: and truly, howsoever my Lord in his speech pretends, that the most material words are proved but by one witness (it seeming that he held it not a material charge, that he counselled the King that he was absolved from all Rules of Government) for my part, if your Lordships be satisfied those words were proved, I could willingly satisfy my own conscience in it, and make no great matter to quit the rest; for I know not how he could express it in higher terms, than that the King was absolved from all rules of Government, for then he might do what he would.

It is true, the latter words, touching the Irish Army, are expresly proved but by one witness, Mr. Secretary Vane; but are fortified again with such circumstances as make up more than one, yea, more than two other witnes∣ses, if your Lordships will have the patience to have it represented, as it is proved.

For howsoever it be slighted by him, if your Lordships will call to mind the words of Sir George Ratcliffe, his bosom friend (to whom he had con∣tributed without question, his advice in all causes) the said Sir George Ratcliffe expressed it before, and told some of his friends (supposing that he never should be called in question, and that the power of my Lord of Strafford had been enough to protect any thing he had done, and out of the abundance of the heart his mouth spake) the King must now want no money; if he did, no body would pity him, now he had his sword in his hand.

Sir Robert King proves it so. My Lord Ranalagh discovered the smoak of the fire that he had just cause to suspect, and on good grounds, I am sure; and if the Commons of England had not just cause to suspect him (as I believe he is convinced they had good cause) what is the reason this suspition should be entertained at that time, my Lord of Strafford being not then questioned for it? and yet my Lord Ranalagh should say, Shall we turn our Swords upon our own bowels? Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived? and that was before any conference with Mr. Secretary Vane.

Sir William Penniman himself, his own witness and friend, says, at York, before my Lord of Strafford was questioned, that there was a common fame of bringing the Army into England, and there is something in that surely; and after all this, to produce one witness that expresly proves the very words spoken in terminis, as they be charged, if your Lordships put the whole together, see whether there be not more than one witness.

And, under favour, my Lord Cottington, if you call to mind his testimo∣ny, I must justify, he did declare, That he heard my Lord of Strafford tell the King, That some reparation was to be made to the Subjects property; which must inferre, he had advised an Invasion upon the property; else by no good

coherence should a reparation be made. And that he testifies this, I must affirm, and most here will affirm it; and I think your Lordships well re∣member it: and that is an addition to it; for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral, and my Lord Cottington, that very question is asked; so that his own conscience told him, he had advised somthing to invade upon the people, when he advised to a restitution after things should be setled: and so I refer it to your Lordships consideration, whether here be not more than one witness by far.

It is true, he makes objections to lessen this testimony; First, That this Army was to be landed at Ayre in Scotland, and not here; and this was decla∣red to Sir Thomas Lucas, Mr. Slingsby, Sir William Penniman, and others. Secondly, That others that were present when the words are supposed to be spoken, did not hear any such words.

For the first; Perhaps the Army might be originally intended for Scot∣land, and yet this is no contradiction, but he might intend it afterwards for England; surely this is no Logick, that because it was intended for one place, it could never be intended for another place; so his allegation may be true, and the charge stand true likewise.

Beside, that it was intended originally for Scotland, what proof makes he? He told several persons of the design, but I will be tryed by himself, he told some, it was for Scotland, he told others it was for England; and why you should believe his telling on one side, more than on the other side I know not; though he pretends a reason of his several allegations, that the world should not know his design, but if you will not believe him one way, why should he be believed the other way? and if not the other way, why the first way?

For the Second, Several persons were present, when the words were spoken touching the Irish Army, and they were examined, and remember not the words; but one man may hear, though twenty do not hear; and this is no contradiction at all: for those persons whom he examined, the Lord Treasurer, Marquis Hamilton, my Lord Cottington did not hear the words that are proved by two witnesses, concerning the Kings being loose and ab∣solved from rules of Government: and if they did not hear those words, no marvel they did not hear the other: and therefore that which he him∣self pretends to be a convincing testimony, is nothing at all; so that his objections are clearly taken away, and the single testimony fortified with testimonies that make above one witness, and so the words are fully pro∣ved.

But to fortify the whole, I shall handle all these Articles together; This design to subvert the Law, and to exercise an Arbitrary power above the Law in this Kingdom will (upon the proofs putting them altogether, and not taking them in pieces as my Lord of Strafford hath done) ap∣pear to have been harboured in his thoughts, and setled in his heart long before it was executed.

You see what his Counsels were, That the King having tryed the af∣fections of his people, was loose and absolved from all rules of Government, and might do every thing that power would admit; and His Majesty had tryed all ways, and was refused, and should be acquitted of God and Man; and had an Army in Ireland, wherewith if he pleased he might reduce this Kingdom: so there must be a trial of his people, for Supply that is denyed, which must be interpreted, a Defection by refusal, and this refusal must give ad∣vantage of necessity, and this necessity must be an advantage to use his

Prerogative against the rule of the Law, and consent of the People; this is his advice, which shews that this very thing that happened, did harbour in his thoughts long before the breach of the Parliament, and the occa∣sion of the Army.

Your Lordships have heard it confessed by himself, That before this last advice, he had advised the calling of a Parliament: To the Parliament a proposition of Twelve Subsidies was made for supply, and (which may be spoken with great assurance) before they had consulted, or given any resolution to that proposition, the Parliament was dissolved, upon a sup∣posal that the Supply was denied. Now that this was pre-designed by my Lord of Strafford himself, I beseech you observe these things following, that is, The words in the Two and twentieth Article, That His Majesty was first to try the Parliament, and if that did not supply him, then he would serve the King any other way.

His words are proved by Mr. Treasurer, That if the Parliament supplyed him not, he would serve him any other way; and this is before the Parliament set: now if your Lordships hear the proofs of my Lord Primate, (which my Lord of Strafford slights taking it singly) My Lord Primate before the Parliament was called, when my Lord of Strafford was in Ireland, and not yet come into this Kingdom, testifies, my Lords, saying, That if the Parli∣ament will not supply His Majesty, the King was acquitted before God and Man, if he took some other course to supply himself, though against the will of the Subjects. I beseech your Lordships, observe how he prophesies these things must come to pass, and advised them accordingly.

My Lord Conway testifies, that before the Parliament sate, my Lord of Strafford said, that if the Parliament would not supply His Majesty, the King was acquitted before God and Man, if he took another course to supply him∣self, though it were against the will of the Subject, and he doubts not but the Parliament would give, What? Twelve Subsidies: and your Lordships ve∣ry well remember, Twelve were propounded; but I beseech you, observe the coherence of all; the Parliament must be called, they must be try∣ed, if they deny there is necessity, and this necessity is a Warrant for the King to proceed; so that my Lord of Strafford must be judged to be ei∣ther a Prophet, or to have this design beforehand in his thoughts.

Now the Parliament being broken before answer to the Demand given, he vents his Counsel in the Three and twentieth Article, and how far it is proved, your Lordships have heard. Now comes the Bullion to be seiz∣ed, the Copper-money to be advised, and now comes he to tell the King, that the Aldermen of London must be put to Fine and Ransome, and laid by the heels, and no good would be done till some of them be hanged, so you hear his advice; I beseech your Lordships observe what success this advice took; Four Aldermen were instantly committed, and then the Counsel of the Three and twentieth Article is fomented.

First, He foments the War, then there is a necessity, the defection of the Parliament must set the King loose from rules of Government, and now see whether the occasion of the War, the calling of the Parliament, the dis∣solving of it, be not adequate to what he propounded to himself, name∣ly, to set up an Arbitrary Government.

Your Lordships remember how fresh my Lord of Bristols memory is, touching my Lord of Straffords opinion upon the dissolution of the Par∣liament; how he declared unto my Lord of Bristol instantly within three or four days after, That the King was not to be mastered by the froward∣ness of his people, or rather of some particular persons; and your Lordships

remember Sir George Wentworths words spoken the very day of dissol∣ving the Parliament; which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England. He was my Lords own Brother, that knew much of his Counsel, and his words are, That the English Nation would never be well till they were conquered over again. So my Lords; put all together, if he declared his own inten∣tions, if actions, in executing this Tyrannical and Arbitrary Power, if Counsels of as dangerous consequence, in as high a strain as can be, be not a sufficient Evidence to prove an intention, and desire to subvert the Law, I know not what can prove such an interpretation: and now I refer it to your Lordships judgements, whether here be not a good proof of the Article laid to his chage,

My Lords, in the Seven and twentieth Article, he is charged with le∣vying of War upon the Kings people, by forcing them in Yorkshire to pay Money; to prove they were so forced, you have heard by two witnesses, that Sergeant Major Yaworth, by Musquetiers, four together in the Town,, and one by one out of the Town, did compel them to pay the fortnights contribution, else they were to serve in person: That he did this by Warrant is likewise confessed by Sir William Pennyman: and whether this were an authority derived from, or commanded by my Lord of Straf∣ford, that is the question; and my Lords, it is plainly proved, that it was commanded by my Lord of Strafford, for Sir William Pennyman himself be∣ing examined, alledged that the Warrant was made in pursuance of the relation, and direction made by my Lord of Strafford.

Your Lordships heard what my Lord of Strafford did say before-hand, as is proved by two witnesses, (Sir William Ingram and Mr. Cholmley) that this Money should be paid, or levied on the Subjects Goods; Then his Declaration to Sir William Pennyman, (in pursuance of which he made his Warrant) That it was the assent of the Lords of the great Council, that this Money should be levied; and taking all together, whether it fixes it not upon him to be the Author and Instrument, it rests in your judgements in point of fact: and so I suppose the Seven and twentieth Article rests on him, and so I shall conclude the Evidence produced on the behalf of the Commons.

And now give me leave to put your Lordships in mind of some Evi∣dences offered by my Lord Strafford himself in his Answer, and in the passages of his Defence, for his clearing and justification, but tending directly to his condemnation,

I will enter upon some passages he mentioned to day, and often be∣fore; When he is charged with invading the Estates of the Peers of the kingdom of Ireland, and determining them upon Paper Petitions in an Ar∣bitrary way: your Lordships have heard him speak it before, and repeat it this day, That he did it out of compassion, for the more expeditious pro∣ceeding on behalfe of the poor against these mighty: But then my Lords, I beseech you, compare some other part of his proceedings. Your Lord∣ships remember the business of the Flax, which concerns the poor whol∣ly and universally; and if compassion had been the rule and directi∣on of his actions towards the poor, surely this would have been a just cause to have commiserated them in this case; but he exercised his power over them, and over them wholly, and over them universal∣ly: and therefore it shews, it is not his compassion to the poor, nor respect to the rich, or mighty, that will any way restrain or obstruct

his ways, to his own Will. And thefore you may see what truth there is in his answer, by comparing one part of the charge with another, when the business of the Flax brought that calamity upon the Kings Sub∣jects, that thousands of them perished for lack of Bread, and dyed in Ditches.

Secondly, Your Lordships have often heard him use a Rhetorical in∣sinuatian, wondring that he should be charged with words, and they strained so high as to be made Treason, to question his Life and Poste∣rity, though the words might be spoken unadvisedly, or in discourse, or by chance: Your Lordships remember the Fifth Article, touching his proceedings against my Lord Mountnorris, where words were spo∣ken in an ordinary discourse at dinner, and slight ones, God knows, of no consequence at all, such as another man would scarce have hark∣ened after, and yet my Lord extends them to the taking away of my Lord Mountnorris his life; gets a sentence of death against him, and that against Law, with a high hand, in such a manner, as I think your Lordships have not heard the like; and therefore I beseech you, com∣pare one part of his Answer with another, and see how ready he is to make use of any thing that may excuse himself; and yet when he comes to act his power, you see his exercise of it.

You have heard how he magnifies his Zeal for advancing the Kings Benefit and Revenue, and his care of his Service, and would shelter and protect himself under it, to justify an exorbitant action: but if your Lordships call to mind the business of the Customs for Tobacco, (which in truth were the Kings right and due, and a great profit was thereby advanced; and he trusted to advance it.) The King must loose of his former Rents in the case of Custom, and received a small Rent in the case of Tobacco, my Lord himself in the mean time imbursing such vast sums of Money: where is then the discharge of his Trust? where is his care to advance the Kings Rents? to increase his Revenue? Com∣pare that part of his Answer with this, and see what credit is to be gi∣ven to his affirmation.

My Lords, throughout the passages of his discourse he insinuates, (and never more than this day) with the Peers of the Realm, mag∣nifying them almost to Idolatry; and yet my Lords, when he was in his Kingdom in Ireland, and had power over them, what respect shew∣ed he then to the Peers of the Kingdom, when he judged some to death, trampled upon others in misery, committed them to prison, and seized on their Estates; where then was the Peerage he now magnifies?

And to shew it was an insinuation for his own advantage, you may remember, when there was an unlawful Act to be committed, that is, the levying of Money in the North, What regard had he then to the Peers of the Kingdom, when he comes to justify and boulster up High Treason it self, under the name and authority of the Great Council, where most of the Peers of the Realm then were? and so by this time I know what credit your Lordships give to his words spoken, when he lies under your Mercy and Power: but what do I speak of the Peers of the Kingdom, and his using of them? My Lords, he spared not his Sovereign, His Majesty in His whole Defence; for being charg∣ed with offences of a high nature, he justifies those offences under the pretence, and under the authority of His Majesty, our Gracious King and Sovereign, even Murther it self, in the Case of Denwit, and my Lord

Mountnorris. Treason it self in the Fifteenth Article by a Command in Ireland, and in the Seven and twentieth, by a pretended authority from His Majesty in the face of His People; he justifies my Lord Mountnorris his sentence by a Letter from His Majesty, Denwits Sentence by a Com∣mission from His Majesty, and he read three or four clauses to that pur∣pose.

My Lords, my Lord of Strafford doth very well know (and if he doth not know it, I have a Witness to produce against him, which I will not examine, but refer it to his own Conscience, that is, The Pe∣tition of Right) that the Kings Servants are to serve him according to Law and no otherwise: he very well knew if an unlawful act be committed, especially to a degree of Treason and Murder, the Kings Authority and Warrant produced, is no justification at all. So then, my Lords, to mention the Kings name, to justify an unlawful act in that way, can do him no good; and his own understanding knows, it may do the King harm, if we had not so Gracious a King, that no such thing can do harm unto.

But, my Lords, to produce the Kings Warrant to justify his acti∣ons under his Patent and Command, what is it else, but so far as in him lies, in the face of his people, to raise a cloud, and exhale a va∣pour? To interpose betwixt the King and his Subjects whereby the splendor of his Glory and Justice cannot be discovered to his people?

My Lords, what is it else, when the people make complaint against the Ministers (that should execute justice) of their oppression and sla∣very, and bondage? For the Minister, when he is questioned to justify this under the Kings Authority, what is it, I say, but as much as in that Minister lies, to fix this offence, to fasten this oppression upon the King himself, to make it to be believed, that the occasion of these their groans proceeded from His Sacred Majesty? yet God be thanked the strength of that Sun is powerful enough to dispel these vapours, and to disperse the cloud that he would have raised; but in the mean time, my Lord is nothing to be excused.

My Lords, he may pretend zeal to the Kings Service, and affection to His Honor, but give me leave not to believe it, since, when he is que∣stioned by all the Kings people, and in the face of his people, and offen∣ces laid to his charge, which himself now confesses to be against Law; he should justify it under the Kings authority; that savours not of a good servant: I will say no more.

My Lords, he is charged with exercising a tyrannical power over the Kings people, and in his Defence your Lordships have often heard (and I may not omit it) that he shelters himself under the protection of the Kings Prerogative, though he be charged with Tyranny of the highest nature that may be: see then how foul and malignant an aspect this hath. My Lords, what is it else, but to endeavour, as much as in him lies, to infuse into the Kings heart an apprehension, that His Pre∣rogative is so bottomless a Gulf, so unlimited a Power, as is not to be comprehended within the rules of Law, or within the bounds of Go∣vernment? for else why should he mention the Prerogative, when he is charged to exceed the Law? What is it else, but as far as in him lies, to make the people believe (for I may not forget the words he hath used) by his magnifying of the Prerogative, that it hath a special stamp of Di∣vinity on it; and that the other part of the Government that God

pleases to put into the Kings hands, had not that stamp upon it? as if any thing done by one, was to be justified by authority derived from Heaven, but the other not.

These expressions your Lordships remember; and I may not omit to put your Lordships in mind of them; and I can expound them no o∣therwise than, as much as in him lies, to make the subject believe and apprehend, that which is the buckler and defence of his protection, to be the two-edged sword of his destruction, according to the Doctrine he Preached; and that that which is the Sanctuary of their Liberty, is the snare and engine of their slavery. And thus he hath cast a bone of contention, as much as in him lay, betwixt King and People, to make the Subjects loath that glorious Flower of his Crown, by fixing a jea∣lousie in them, that it may be a means of their bondage and slavery.

But there is so much Piety and Goodness in the Kings heart, that I hope, upon fair understanding, there will be no such occasion; but no thanks to the party, that so much advanced the Prerogative in the case and condition he stands in, to justify that which is laid to his Charge of High Treason.

My Lords, I beseech you give me leave; there is no greater safety to Kings and People, than to have the Throne incircled with good Coun∣sellors; and no greater danger to both, than to have it encompassed with wicked and dangerous ones; and yet I beseech you call to mind, how he hath attempted to deprive the Subject of all means to discover this danger, by insinuating to your Lordships, what a dangerous thing it were, if Counsellors should be called in question for giving of Counsel: for who then (saith he) would be a Counsellor? where is your safeguard? where is the Kings service? Is not this, as much as in him lies, to de∣prive the people of the means whereby they must make themselves hap∣py, and whereby the King must be happy, that is, by his having good Counsellors about him? and yet he infuses that venom, that the questi∣oning of Counsellors is dangerous both to King and Peers, if it should be brought into example. My Lords, for many years by-past, your Lord∣ships know an evil spirit hath moved amongst us, which in truth hath been made the Author and ground of all our distractions, and that is necessity and danger: this was the bulwarke, and the battery that serves to defend all exorbitant actions; the ground and foundation of that great invasion of our Liberties and Estates, the judgement in the Ship-money, and the ground of the Counsel given of late to do any thing, and to perswade the King, that he was absolved from all rules of Government; and yet your Lordships have observed in the course of his defence, how often he hath raised this spirit, that God be thanked hath been laid, to the great comfort of King and Kingdom, by your Lord∣ships, and all the Commons in Parliament. And when he stands under this question, and goes about to justify his exorbitant actions, how of∣ten hath he created this Idol again? and therefore I am afraid he dis∣covers too much his own heart in it.

My Lords, I may not omit some other passages in his Defence, How he hath cast scandals upon three Nations in this place; that is, in his first day of Defence, when the Irish Remonstrance, made by all the Com∣mons of Ireland, was produced by the Commons of England; he ex∣pressed in a passion, that things were carried against him by faction and correspondence, and (if he had time he would make it appear) with a

strong conspiracy. Here is a scandal cast upon the Parliament of Ire∣land, with a reflection on the Commons of England; howsoever, it is true, your Lordships may remember the recantation he made that day, which I will not omit, desiring not to lay any thing to his charge but what is true; but it is the reflection of a scandal that I cannot omit to put your Lordships in mind of; and the rather, because this Remon∣strance, presented from the Parliament of Ireland, did bear date before my Lord of Strafford was charged here, which is very remarkable, viz. the 7th of November; and therefore, though he pretends a correspon∣dence, certainly there could be none then, for he is not charged here till the Tenth.

And the same day, justifying a Sentence in the Castle-Chamber, your Lordships remember he affirmed, that unless a strict hand were kept upon the Nation there, they would find it hard to prevent perjury, one of the most crying sins in Ireland. Now to lay an aspersion upon the Subjects of Ireland, being under the Government of the same King with us, how fit this is to be done by a man in that condition that my Lord of Straf∣ford is, I referr to your consideration.

Another passage I remember, whereby in his Defence he fell upon that Nation; in answer of which, I may not omit to do the service I owe to the Commons, for whom I am trusted, and that is, that talk∣ing of an Arbitrary and Tyrannical Government, in reference to some Orders of the Commons-House in Ireland, he used words to this pur∣pose: You talk of an Arbitrary Government, look upon these Orders, here is an Arbitrary Government: and yet when he produced the Orders, they appeared to have so much justice and discretion in them, that he can lay nothing to the charge of them, though in a passion he is not backward to asperse them.

My Lords, If this Lyon (to use his own language) now that he is chained and muzled, under the restraint and question of High Treason, will here take the boldness to vent this Language, and express this Ma∣lignity; How would he doe if he were unchained? How would he de∣vour? How would he destroy? &c.

My Lords, Something concerns your Lordships; your Lordships re∣member, that he was not backward in his own answer, to fix a Charge of High Treason upon the Lords of the Great Council; and howsoever he hath affirmed this day, I must open it again, That the Charge of the Seven and twentieth Article he fixes in his Answer, to be by consent of the Lords of the Great Council, though he hath since recanted it; and yet you have heard him alledge, that he will stand and fall by the truth of his answer.

My Lords, I am now at an end. You have my Lord of Strafford here questioned for High Treason, for going about to subvert the Funda∣mental Laws of both Kingdoms, in defence whereof, your noble An∣cestors spent their Lives and Bloods. My Lords, you are the Sons of those Fathers, and the same Blood runs in your veins, that did in theirs; and I am confident you will not think him fit to live, that goes about to destroy that which protects your Lives, and preserves your Estates and Liberties.

My Lords, You have the complaints of Three Kingdoms presented before you against this great person; whereby your Lordships perceive

that a great storm of distemper and distraction hath been raised, that threatens the ruine and distraction of them all.

The Commons with much pain and diligence, and to their great expence, have discovered the Ionas, that is, the occasion of this Tem∣pest.

They have still, and will discharge their Consciences, (as much as in them lies) to cast him out of the Ship, and allay this Tempest.

They expect, and are confident your Lordships will perfect the work, and that with expedition, lest with the continuance of the storm, both Ship, and Tackling, and Mariners, both Church, and Common-wealth be ruined and destroyed.

Saturday, May 1. 1640.

The King came to the House of Lords, and sent for the Commons thither, and made this Speech to both Houses.

I Had not any intention to speak of this business, which causes me to come here to day, which is the great Impeachment of the Earl of Strafford; But now it comes to pass, that of neces∣sity I must have part in that Judgment: I am sure you all know that I have been present at the Hearing of this great business, from the one end to the other; that which I have to declare unto you is shortly this.

THAT in my Conscience I cannot condemn him of High Treason, It is not fit for me to argue the business, I am sure you will not expect it. A Positive Doctrine best comes out of the mouth of a Prince; Yet I must tell you Three great Truths, which I am sure no body can know so well as my self. 1. That I never had any intention of bringing over the Irish Army into England, nor ever was advised by any bo∣dy so to do. 2. There never was any Debate before me, neither in pub∣lique Council, nor at private Committee, of the Disloyalty, and Disaffection of my English Subjects, nor ever had I any suspition of them. 3. I was ne∣ver Counsell'd by any, to alter the least of any of the Laws of England, much less to alter all the Laws; Nay, I must tell you this, I think no body durst be ever so impudent to move me in it, for if they had, I should have put a Mark upon them, and made them such an example, that all Posterity should know my intention by it; for my intention was ever to Govern according to the Law, and no otherwise.

I desire to be rightly understood, I told you in my Conscience I cannot Con∣demn him of High Treason; yet I cannot say I can clear him of misdemea∣nor: Therefore I hope that you may find a way, for to satisfy justice and your own fears, and not to press upon my Conscience. My Lords, I hope you know what a tender thing Conscience is. Yet I must declare unto you, that to sa∣tisfy my People I would do great matters. But in this of Conscience, no fear, no respect whatsoever, shall ever make me go against it. Certainly, I have not so ill deserved of the Parliament at this time, that they should press me in this tender point, and therefore I cannot expect, that you will go about it.

Nay, I must confess for matter of misdemeanor, I am so clear in that, that though I will not chaulk out the way, yet let me tell you, that I do think my Lord of Strafford, is not fit hereafter to serve me or the Common-wealth in any place of Trust, no not so much as to be a High-Constable: Therefore I leave it to you my Lords, to find some such way as to bring me out of this great streight, and keep your Selves and the Kingdom from such Inconveniences. Certainly, he that thinks him guilty of High Treason in his Conscience, may Condemn him of Misdemeanor.

The House of Commons as soon a they returned, seemed to be much * 17.1 discontented with what the King had spoken, and immediately Adjourn∣ed till Monday following, on which day being the Third of May Mr. Pim makes known to the House, that there are divers Informations given of desperate Designs, both at home and abroad, against the Parliament and the Peace of the Nation, and that the persons engaged in it, are under an oath of Secresie, that there is an endeavour to disaffect the Army, not on∣ly against the proceedings of the Parliament, but to bring them up against * 17.2 the Parliament: That there is a design upon the Tower, that there is an endeavour for the Earl of Strafford to escape; That those Combinations at home, have a Correspondency with practises abroad; and that the French are drawing down their Forces in all hast to the Sea-side, and that there is cause to fear their intent is upon Portsmouth; That divers per∣sons of Eminency about the King (as by good Information appears) are deeply ingaged in the Plot: That it is necessary the Ports be stopt; and that His Majesty be desired to Command, that no person attending upon the King, Queen, or Prince, do depart without leave of His Majesty, with the humble Advice of His Parliament.

The Commons hereupon fell into serious debate of this matter, and the * 17.3 same day came to a Resolution of taking a Protestation, which was ac∣cordingly taken by the Speaker, and about 300 Members then present, Man by Man.

WE the Knights, Citizens, and Burgesses of the Commons-House in * 18.1 Parliament, finding to the grief of our hearts, that the Designs of the Priests and Jesuits, and other Adherents to the See of Rome, have of late been more boldly and frequently put in practise than formerly, to the un∣dermining and danger of the true Reformed Protestant Religion, in His Majesties Dominions established: And finding also, that there hath been, and having just cause to suspect there still are, even during the Sitting in Parliament, endeavours to subvert the Fundamental Laws of England and Ireland, and to introduce the exercise of an Arbitrary and Tyrannical Government, by most pernicious and wicked Counsels, Practises, Plots, and Conspiracies; and that the long intermission, and unhappier breach of Parliaments, hath occasioned many illegal Taxations, whereby the Sub∣jects have been prosecuted and grieved. And that divers Innovations and Superstitions have been brought into the Church, Multitudes driven out of His Majesties Dominions, Jealousies raised, and fomented between the King and his people: A Popish Army levied in Ireland, and two Armies brought into the Bowels of this Kingdom, to the hazard of His Majesties Royal Person, the Consumption of the Revenue of the Crown, and the Treasure of this Realm. And lastly, finding the great causes of jealousie, that endeavours have been, and are used, to bring the English Army into a misunderstanding of this Parliament, thereby to encline that Army by force to bring that Army to pass those wicked Counsels; have there∣fore thought good to joyn our Selves in a Declaration of our united affections and Resolutions, and to make this ensuing Protestation.

The Protestation.

I A. B. Doe in the presence of God Promise, Vow, and Protest, to maintain and Defend, as far as lawfully I may with my Life, Power, and Estate, the true Reformed Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery, and Popish Innovati∣on within this Realm, contrary to the said Doctrine, and according to the Du∣ty of my Allegiance, I will Maintain and Defend His Majesties Royal Person, and Estate.

As also the Power and Priviledge of Parliaments, the lawful Rights and Liberties of the Subjects; And every Person that shall make this Protestati∣on, in whatsoever he shall do, in the lawful pursuance of the same; And to my power, as far as lawfully I may, I will oppose, and by all good ways and means endeavour, to bring to condigne punishment all such as shall by Force, Practise, Counsels, Plots, Conspiracies, or otherwise do any thing to the contra∣ry in this prsent Protestation contained. And further, That I shall in all Iust and Honourable ways endeavours to preserve the Union and Peace betwixt the Three Kingdoms of England, Scotland, and Ireland, and neither for Hope, Fear, or any other Respects, shall relinquish this Promise, Vow, and Pro∣testation.

This Protestation was read by Mr. Mainard. Here followeth the Names of the Members of the House of Commons, who took the same, May 3. 1640. viz.

• WIll. Lenthal, Esq Speak.
• Edward Hide.
• George L. Digby.
• Lord Faulkland.
• Sir Iohn Culpepper.
• Iohn Selden.
• Orlando Bridgeman.
• Sir William Pennyman.
• Sir Henry Herbert.
• Sir Tho. Fanshaw.
• Sir William Widdrington.
• Sir Fredreick Cornwallis.
• Robert Holborne, Esq
• Tho. Chicheley, Esq
• Sir George Wentworth.
• William Mallory, Esq
• Io. Bellasis, Esq
• Sir Guy Palmes.
• Edm. Waller, Esq
• Sidney Godolphin, Esq:
• Sir Nich. Slany.
• Sir Hen. Slingsby.
• Tho Iermin, Esq
• Sir Tho. Peyton.
• Sir Philip Musgrave.
• Sir Patricius Curwin.
• Sir Iohn Stowel.
• Sir Iohn Strangwayes.
• Sir Iohn Paulet.
• Sir Rich. Wynn.
• Tho. Tomkins, Esq
• Arthur Capel, Esq
• Iames L. Compton.
• Sir Ralph Hopton.
• Geofrey Palmer, Esq
• Io. Vaughan, Esq
• Edw. Montague, Esq
• Geo. Montague, Esq
• Will. Plydell, Esq
• Sir Iohn Paulet.
• Charles Price, Esq
• Herbert Price, Esq
• Sir Ralph Sidenham.
• Fitzwilliam Cognisby, Esq
• Baptist Noel, Esq
• Sir Roger Palmer.
• Iohn Coventry, Esq
• Edw. Seymor, Esq
• Sir Arthur Ingram.
• Sir Tho. Ingram.
• ...

• ... Sir Edw. Verney.
• Sir Ralph Verney.
• Eranics Newport, Esq
• Ben. Weston, Esq
• Lord Mansfield.
• Sir William Carnaby.
• Sir Nicholas Slaning.
• Io. Craven, Esq
• William Constantine, Esq
• Sir Edw. Deering.
• Sir Geo. Dalston.
• Sir Tho. Bowyer.
• Io. Hamden, Esq
• Henry Pelham, Esq
• Sir Tho. Widdrington.
• Sir Henry Herbert.
• Sir Edw. Bainton.
• Iames Cambel, Esq
• Sir Tho. Heale.
• Sir Henry Anderson.
• Sir Harbottle Grimston:
• Sir Robert Pye, Senior.
• Ferd. L. Fairfax.
• Sir Henry Mildmay.
• Sir William Armyn.
• Sir Roger North.
• Sir Walter Deaveraux.
• Tho. Hatcher, Esq
• Sir Chr. Yelverton.
• William L. Russel.
• Sir Philip Stapleton.
• Sir Henry Cholmly.
• Sir Iohn Hotham.
• Iohn Pym, Esq
• Sir Ben. Rudyard.
• Herbert, Esq
• Digby, Esq
• Sir Gilbert Gerrard.
• Lord Ruthen.
• Sir Nevil Pool.
• Denzil Hollis, Esq
• Iohn Maynard, Esq
• Sir Robert Harly,
• Iohn Glyn, Esq
• Sir Tho. Barrington.
• William Stroud, Esq
• Nathan. Fines Esq
• Henry Martin, Esq
• Iohn Bodvil, Esq
• Sir Fran. Knoles.
• Rich. Shettleworth, Esq
• Iohn Moor, Esq
• Sir Simon D'Ewes.
• Sir Iohn Wray.
• Sir Chr. Wray.
• Sir Martin Lomly.
• Herbert Morly, Esq
• Tho. L. Grey,
• Rog. Burgoine, Esq
• Sir Edw. Hungerford.
• Sir Iohn Curson.
• Will. Perepoint, Esq
• Iohn Marstal, Esq
• Hugh Owen, Esq
• Norton Knatchbold, Esq
• Sir Ed. Hales.
• Sir Ed. Master—
• Iohn Cowcher, Esq
• Sir William Strickland.
• Sir Edw. Boys.
• Sir Tho. Walsingham.
• Sir Peter Wrath.
• Tho. Maleveror, Esq
• Edw. Bainton, Esq
• Oliver Cromwel, Esq
• Sir Gilbert Pickering.
• Will. Whittaker, Esq
• Mich. Oldsworth, Esq
• Sir Iohn Harrison.
• Sir Hugh Cholmley.
• Isaack Penington, Esq
• George Peard, Esq
• Sir Io. Howard.
• Henry Vaughan, Esq
• Ed. Kirton, Esq
• Ed. Bagshaw, Esq
• Sir Walter Smith.
• Rich. Harding, Esq
• Bulstred Whitlock, Esq
• Will. Price, Esq
• Henry Lucas, Esq
• Gilbert Willington, Esq
• Sir Tho. Huchinson.
• Sir Will. Morly.
• Sir Henry Bellingham.
• Sir Iohn Frankland.
• Sir Iohn Clotworthy.
• Sir Edw. Munford.
• Will. Kage, Esq
• Iohn Northcot, Esq
• Sir Tho. Middleton.
• Sir Iohn Salisbury.
• Sir Ro. Nappier.
• Tho. Lower, Esq
• Fran. Gerrard, Esq
• Perigrin Pelham, Esq
• ...

• Tho. Fountain, Esq
• Hen. Vernon, Esq
• Lord Lisle.
• Ed. Dawx, Esq
• Ro. Scowen, Esq
• Sir Dudly North.
• Lawrance Whitaker, Esq
• Sir Humphry Tufton.
• Henry Heyman, Esq
• Tho. Hiblethwait, Esq
• Arthur Iones, Esq
• Will. Bell, Esq
• Io. Harvy, Esq
• Io. Ash, Esq
• Geo. Gallop, Esq
• Io. Nash, Esq
• Edw. Ash, Esq
• Rich. Seaburn, Esq
• Cornelius Holland, Esq
• Edm. Dunch, Esq
• Rich. Barwis, Esq
• Humph. Hook. Esq
• Ro. Trelawny, Esq
• Rich. Weston, Esq
• Iohn Goodwin, Esq
• Nath. Stephen, Esq
• Io. White, Esq
• Sir Ed. Griffin.
• Rich. Albrough, Esq
• Dr. Sam. Turner.
• Ral. Snead, Esq
• Ed. Patridge, Esq
• Sir Peter Temple.
• Poynings Moore, Esq
• Sir Will. Lewis.
• Peter Venebles, Esq
• Hen. Killagrew, Esq
• Iohn Harris, Esq
• Io. Moston, Esq
• Peter Leigh, Esq
• Dr. Tho. Eaden.
• Will. Glanvil, Esq
• Arthur Goodwin, Esq
• Edw. Owner, Esq
• Tho. Toll, Esq
• Iohn Polwhil, Esq
• Simon Thelwal, Esq
• Oliv. St. Iohn Regis Sol.
• Sir Will. Allynson.
• Io. Crew.
• Rich. Catelin, Esq
• Ro. Goodwy, Esq
• Io. Blakeston, Esq
• Sir Will. Brereton.
• Miles Corbet, Esq
• Phil. Smith, Esq
• Sir Rich. Vivion.
• —Ravenscroft, Esq
• Sir Tho. Middleton.
• Rich. Kingsly, Esq
• Ralph Ashton, Esq
• Will. Fitzwilliams, Esq
• Henry Bellasis, Esq
• Sir Edw. Ascue.
• Sir Edm. Fowel.
• Sir Io. Price
• Rich. Boyle, Lord Dungar∣ven.
• Edw. Pool, Esq
• Roger Hill, Esq
• Sir Io. Eveling.
• Edw. Prideaux, Esq
• Giles Green, Esq
• Dennis Bond, Esq
• Roger Mathews, Esq
• Zouch Pate, Esq
• Io. White, Esq
• Rich. Moore, Esq
• Rich. Reeves, Esq
• Tho. Pewry, Esq
• Will. Pewrifoy, Esq
• Will. Spurs••ow, Esq
• Simon Snow, Esq
• Rich. Ferris, Esq
• Ed. Thomas, Esq
• Serj. Wild.
• Humphrey Salway, Esq
• Tho. Leeds, Esq
• Will. Harrison, Esq
• Gervis Clifton.
• Will. Herbert, Esq
• Iohn Woogan, Esq
• Henry Brett, Esq
• Iohn Trevanion, Esq
• Walter Lloyd, Esq
• Sir Rich. Leigh.
• Sir Tho. Ingram.
• Sir Ro. Crane.
• Iohn Upton, Esq
• Iohn Arundel, Esq
• Iona. Rashly, Esq
• Rich. Arundel, Esq
• Iohn Woddon, Esq
• Iohn Pearsival, Esq
• Sir Will. Portman.
• ...

• Theobald Gorge, Esq
• Tho. Smith, Esq
• Sir Martin Lister.
• Sir Tho Che••k.
• Tho. Hayle, Esq
• Anthony Beding field, Esq
• Sir Tho Smith.
• Ralph Ashton, Esq
• Iohn Potts, Esq
• Francis Rowse, Esq
• Pierce Edcomb, Esq
• Sir Walter Earl.
• Sir Will. Masham.
• Iohn Gourdon, Esq
• Iohn Role Esq
• Tho. Arundel, Esq
• Ioseph Iane, Esq
• Sir Philip Parker.
• Arthur Ains••ow, Esq
• Geo. Hartnal Esq
• Edw. Wingate, Esq
• Robert Sicil Esq
• Sir William Litton.
• Sir Iohn Iennings.
• Sir Oliv Luke.
• Sir An. Nichols.
• Iohn Broxam, Esq
• Iohn Allured, Esq
• Geo. Buller, Esq
• Iames Fines, Esq
• Nich. Weston, Esq
• Sir Beauchamp St. Iohn.
• Sir Richard Ans••ow.
• Sir Io. Corbet.
• Sir Alex. Denton.
• Sir Io. Parker.
• Sir Ro. Parkhurst.
• Sir Ambrose Brown.
• Sir Sam. Owfield.
• Sir Rich. Buller.
• Alex. Carew, Esq
• Sir Nath. Barnadiston.
• Sir Harvy Baggott.
• Simon Norton, Esq
• Samson Evers, Serj. at Law.
• Philip Sidney, Lord Lisle.
• Iohn Alford, Esq
• Sir Ch. Williams.
• Rich. Herbert, Esq
• Sir Edw. Alford.
• Sir William Plaitor.
• Francis Gamull, Esq
• Sir Ioh. Stepney.
• Sir Io. Brook.
• Io. Fenwick, Esq
• Will. Chadwell., Esq
• Alex. Lutterell, Esq
• Io. Burlace, Esq
• Sir Io. Cook.
• Tho. Cook, Esq
• Tho. May, Esq
• Sir Richard Lewison.
• Iohn Griffith, Esq
• Matthew Davis, Esq
• Iohn Fettiplace, Esq
• Geo. Loe, Esq
• Rich. Edgcomb, Esq
• Sir Ed. Redny.
• Sir Arth. Ha••welrig.
• Sir Fran. Barnham.
• Sir Tho. Gervis.
• Ro. Wallop, Esq
• Iames Rivers, Esq
• Will. Haveningham, Esq
• Will. Cawly, Esq
• Iohn Button, Esq
• Tho. Gervis Esq
• Sir Hen. Worsly.
• Hen. Darly, Esq
• Valentine Walton, Esq
• Sam. Vassal, Esq
• Hen. Campion, Esq
• Io. Merrick, Esq
• Herbert Price, Esq
• Tho. Earle, Esq
• Will. Marlet, Esq
• Will. Drake, Esq
• Sir Ed. Littleton.
• Sir And. Ludlow.
• Rich. Harman, Esq
• Rich. Shettleworth, Esq
• Sir Iohn Draidon.
• Will. Ellis, Esq
• Will. Thomas, Esq
• Io. Pine, Esq
• Will. Iepson, Esq
• Iohn Hotham, Esq
• Tho. Hodges, Esq
• Tho. Moore, Esq
• Godfrey Boswell, Esq
• Antho. Staply, Esq
• Io. Moyle, Esq
• Will. Hay, Esq
• Ferdinando Stanhop, Esq
• Harbottle Grimston, Esq
• Iohn Craven, Esq
• ...

• Rob-Crooke, Esq
• Edw. Philips, Esq
• Rob. Reynolds, Esq
• Sir Tho. Pelham.
• Ben. Valentine, Esq
• Sir Tho. Fanshaw.
• Matthew Cradock, Esq
• —Lloyd, Esq
• Sir Will. Dalson.
• Sir Tho. Woodhouse,
• Francis Godolphin, Esq
• Framlingham Gaudy, Esq
• Anthony Irby, Esq
• Lord Wenman.
• Iohn Lowry, Esq
• Sir Tho. Danby.
• Iohn Eveling, Esq
• —Long, Esq
• George Parry, Esq
• Will. Morgan, Esq
• Walter Kirk, Esq
• Sir Tho. Parker.
• —Grantham, Esq
• —Tailor, Esq
• Iohn Trenchard, Esq
• Rob. Sutton, Esq
• Iohn Whistler, Esq
• An. Hungerford, Esq
• Tho. Eversfield, Esq
• George Searl, Esq
• Cha. Baldwin, Esq
• Rich. Whitehead, Esq
• Gerrard Napier, Esq
• Hen. Garton, Esq
• Mich. Noble., Esq
• Serjeant Creswel.
• Sir Iohn Holland.
• Sir Will. Ogle.
• Sir Charles Gross.
• Sir Geo. Stonehouse.
• Ro. Hurst, Esq
• Will. Basset, Esq
• Ralph Godwin, Esq
• Ro. Nichols, Esq
• Sir Er. Knowles.
• Nathan. Hollow, Esq
• Ambros Mannaton, Esq
• Ro. Walker, Esq
• Sir Rich. Brown.

A Message was immediately sent to the Lords to acquaint them, that * 18.2 the Commons had just cause and ground to suspect, that there hath been, and still is a secret practise, to discontent the Army with the proceedings of the Parliament, to ingage them in some design of dangerous conse∣quence to the State, and by some mischievous ways, to prevent the happy success and conclusion of this Assembly, and to desire their Lord∣ships, that a Select Committee might be appointed to take the Examinati∣ons upon Oath, concerning this desperate Plot and Design, in the presence * 18.3 of some of the Commons, and to move His Majesty in the name of the Parliament, that upon this great and weighty occasion, no Servant of His Majesty, the Queen, or Prince, may depart the Kingdom without leave of his Majesty, with the Advice of His Parliament, until they appear and be examined. And the Commons immediately agreed upon a Letter to the Army, and sent it away by an Express, to assure them of the care the Par∣liament took, to provide Moneys for them, and did not doubt but the Army will give a fair testimony of their affections to the Parliament, notwithstanding the evil deportments of some persons, who have en∣deavoured to discontent them.

At the same time the Commons passed several Resolves, in order to the security of the Nation, viz. That strict enquiry be made what Papists, Priests, and Iesuits, be now about the Town; That the 1500 Barrels of Powder go∣ing to Portsmouth may be stayed. That the Forces in Wiltshire and Hamp∣shire be drawn towards Portsmouth. And the Forces in Kent and Sussex to∣wards Dover: And they did declare, that whosoever should give Counsel or Assistance, or joyn any manner of way, to bring any Forreign Force into the Kingdom, unless it be by Command from His Majesty, with consent of both Houses of Parliament, shall be adjudged and reputed as publique Enemies to the King and Kingdoms.

These Resolves the Commons made known to the Lords for their con∣currence, * 18.4 and also desired them to move His Majesty for the stop of the Ports; and that the Lord Admiral should place such Trusty Commanders in the Ships, for the security of the Nation, as they could confide in; in all which, the Lords did most readily concur.

The Commons did further communicate unto the Lords, the Protestati∣on which they had taken in their house, desiring the Lords it might also be taken by every Member of their House: It was sent to the House of Lords by Mr. Hollis, who at the delivery thereof, did (amongst other passages) express himself to this effect;

MY LORDS,

THe Knights, Citizens, and Burgesses of the House of Commons, ha∣ving * 18.5 taken into their serious Consideration, the present State and Condition of this Kingdom; they find it surrounded with variety of pernicious, and destructive Designs, Practises and Plots against the well being of it, Nay, the very Being of it, and some of those designs hatched within our own Bowels, and Viper-like, working our own destruction.

They find Jesuits and Priests conspiring with ill Ministers of State, to destroy our Religion; they find ill Ministers conjoyned together, to sub∣vert the Laws and Liberties; they find obstructions of Justice (which is the Life and Blood of every State) The Parliament of late years have been like the Fig-tree in the Gospel, without Efficacy, without Fruit, commonly taken away, as Elias was with a whirlwind, never coming to any maturity.

The same ill Councils which first raised that storm, and almost ship∣wrackt the Common-wealth, do still continue, they blow strong like the East wind, that brought the Locusts over the Land; Is it not time then my Lords, that we should unite and concentrate our selves, and defeat the Counsels of these Achitophels, which would involve us, our Religi∣on, our King, our Laws, our Liberties, all that can be near and dear un∣to an honest Soul, in one universal and general desolation, to defeat I say, the Counsels of such Achitophels, the Knights, Citizens, and Bur∣gesses of the House of Commons (knowing themselves to be specially intrusted with the preservation of the whole, and in their Conscience per∣swaded, that the dangers are so eminent, as they will admit of no delay) have thought fit to declare their united affections, by entring into an As∣sociation amongst themselves, by making a Solemn Protestation and Vow unto their God, that they will unanimously endeavour to oppose and prevent the Counsels and Counsellors, which have brought upon us all these Miseries and the Fears of greater, to prevent the ends, and bring the Authors of them to condigne punishment, and thereby discharge themselves the better before God and Man.

Here the Protestation was read unto the Lords, together with the Grounds and Reasons which induced the House of Commons to make it, which are prefixed before it, by way of Preamble.

The Kings Speech on Saturday last to both Houses, being publiquely * 18.6 known in the City, rumours were spread abroad, concerning desperate Plots and Designs against the Parliament, which occasioned multitudes of people to resort the Monday following being May 3. to both Houses of Parliament, in such a Confluence as hath not been usual; they tendred Petitions to both Houses, crying Iustice, Iustice against the Earl of Strafford, and when the Houses arose, they departed.

Tuesday the 4th of May, the Lords desired a Conference with the Com∣mons, * 18.7 which was managed by the Lord Privy Seal, who spake to this effect:

That the occasion of the Conference was so visible, that he should not need to say more of it, the multitudes without bespake the business and matter of it; That which he had to say was by Command from the King to the Peers, to be communicated to both Houses of Parliament; That His Majesty takes notice, that the People do assemble in such un∣usual numbers, that the Council, and Peace of the Kingdom may be thereby interrupted,, and therefore as a King that loveth Peace, and taketh care, that all proceedings in Parliament may be free and in a peaceable manner, he desires that these Interruptions may be removed; and wisheth both Houses to devise a course, how the same may be done.

At the same time the Lord Privy Seal communicated to the Commons, * 18.8 a Petition, which the Lords had the day before received, from the multi∣tude of people that flock'd together in the Palace-yard, which was to this effect:

THat whereas your Petitioners did yesterday petition, for the re∣dress of many Grievances, and for the execution of Justice upon the Earl of Strafford, and other Incendiaries, and to be secured from * 18.9 some dangerous Plots and Designs on foot, to which your Lordships have this day given Answer, that you have the same under present con∣sideration; Your Petitioners do render humble thanks: But forasmuch as your Petitioners understand, that the Tower of London is presently to receive a Garrison of Men, not of the Hamblets, (as usually they were wont to do) but consisting of other persons, under the Command of a Captain, a great Confident of the Earl of Straffords, which doth in∣crease their fears of the suddain destruction of King and Kingdom; wherein your Lordships and Posterity are deeply interessed, and this is done to make a way for the escape of the Earl of Strafford, the grand Incendiary.

They humbly pray that instant course may be taken for the discove∣ry thereof, and that speedy execution of Justice be done upon the Earl of Strafford.

Whereupon the Lords sent six Peers of their House to the Tower, to un∣derstand what truth there was in this Information, and to demand of the * 18.10 Lieutenant who chose those men to be lodged in the Tower, whether he was privy to it himself, and what Order he had to receive them, and what Captain was to Command them? To the two first, he said he was wholly ignorant, and for the Third he said, he had His Majesties Command, to receive One hundred men into the Tower, and Captain Billingsly to Com∣mand them, and to receive only such men as he should bring unto him; but now understanding their Lordships Order, he did promise, that no other Guard should come into the Tower, unless it were the Hamblet-men. The Lords did further declare at the Conference, that they were draw∣ing to a conclusion of the Bill of Attainder of the Earl of Strafford, but * 18.11 were so encompassed with multitudes of People, that their Lordships might be conceived not to be free, unless they were sent home, whose flocking hither was the only hindrance to the dispatching of that Bill: and therefore desired the Commons to joyn with their Lordships, to find out some way how this Concourse about both Houses might be avoid∣ed. And then they debated the Protestation, and passed it, and took the same.

After that the Commons returned to the House, Doctor Burgess was de∣sired * 18.12 to acquaint the Multitude with the Protestation, which both Hou∣ses had taken, which being read by him, and also made known unto them, that the Parliament desired, that they would return home to their hou∣ses, they forthwith departed.

The said Protestation was afterward tendred to the whole Kingdom, with this intimation, that whosoever refused to take it, should be noted as disaffected to the Parliament.

The Commons forthwith ordered the bringing in of a Bill, for the * 18.13 continuance of this present Parliament, that it might not be Dissolved without the consent of both Houses, which was read the First and Second time, and committed.

That day the Earl of Strafford writ this ensuing Letter to His Majesty.

May it please Your Sacred Majesty,

IT hath been my greatest grief in all these Troubles, to be taken as a person which should endeavour to represent and set things amiss between Your Ma∣jesty * 19.1 and Your People, and to give Counsels tending to the disquiet of the Three Kingdoms.

Most true it is, (that this mine own private Condition considered) it had been a great madness, (since through Your Gracious Favour I was so provi∣ded) as not to expect in any kind to mend my fortune, or please my mind more, than by resting where Your bounteous Hands had placed me.

Nay, it is most mightily mistaken; for unto your Majesty it is well known, my poor and humble Advices concluded still in this, That Your Majesty, and Your People could never be happy, till there were a right understanding betwixt You and them; and that no other means were left, to effect and settle this happiness, but by the Counsel and Assent of Your Parliament, or to prevent the grow∣ing Evils of this State, but by intirely putting Your Self in this last resort, upon the Loyalty and good Affections of Your English Subjects.

Yet such is my misfortune, that this Truth findeth little credit; yea, the con∣trary seemeth generally to be believed, and my self reputed as one who endea∣voured to make a separation between You and Your People; under a heavier censure than this, I am perswaded no Gentleman can suffer.

Now I understand the minds of Men are more and more incensed against me, notwithstanding Your Majesty hath Declared, That in Your Princely opi∣nion I am not Guilty of Treason, and that You are not satisfied in Your Con∣science, to pass the Bill.

This bringeth me in a very great streight, there is before me the ruine of my Children and Family, hitherto untouch'd in all the Branches of it, with any foul crime: Here are before me the many ills, which may befall Your Sacred Person and the whole Kingdom, should Your Self and Parliament part less sa∣tisfied one with the other, than is necessary for the preservation both of King and People: Here are before me the things most valued, most feared by mor∣tal men, Life or Death.

To say Sir, that there hath not been a strife in me, were to make me less man, than, God knoweth, my Infirmities make me; and to call a destruction upon my self and young Children, (where the intentions of my heart at least have been innocent of this great offence) may be believed, will find no easy consent from Flesh and Blood.

But with much sadness I am come to a Resolution of that, which I take to be best becoming me, and to look upon it, as that which is most principal in it

self, which doubtless is the prosperity of Your Sacred Person, and the Common wealth, things infinitely before any private mans interest.

And therefore in few words, as I put my self wholly upon the Honor and Iustice of my Peers, so clearly, as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last, and intirely to have left me to their Lordships; So now to set Your Majesties Conscience at liberty, I do most humbly beseech Your Majesty for prevention of evils, which may hap∣pen by Your refusal to pass this Bill; and by this means to remove (praised be God) I cannot say this accursed (but I confess) this unfortunate thing, forth of the way towards that blessed agreement, which God I trust, shall ever establish between You and Your Subjects.

Sir, My Consent shall more acquit you herein to God, than all the World can doe besides; To a willing man there is no injury done, and as by Gods Grace I forgive all the World, with a calmness and meekness of infinite contentment to my dislodging Soul: So Sir, to you I can give the life of this world, with all the chearfulness imaginable, in the just acknowledgment of your exceeding fa∣vours; and only beg, that in Your Goodness, You would vouchsafe to cast Your Gracious regard upon my poor Son, and his Three Sisters, less or more, and no otherwise than as their (in present) unfortunate Father, may hereafter appear more or less guilty of this death. God long preserve Your Majesty.

Tower, May 4. 1641.

Your Majesties most Faithful, And Humble Subject, And Servant, STRAFFORD.

WEdnesday the 5th of May there happened to be a strange Hubbub in the City, upon a false Alarm, That the Parliament-House was * 19.2 beset, and on fire, and all their lives in danger, which occasioned such run∣ning up and down in a confused manner, to come to protect them, that the like hath scarce been seen. This Hubbub and Alarm happened up∣on this occasion, Sir Walter Earl was making a Report to the House of some Plot and Design to blow up the House of Commons; Whereupon, some Members in the Gallery stood up, the better to hear the Report, and Mr. Moyle of Cornwal, and Mr. Middleton of Sussex, two persons of good bigness, weighed down a board in the Gallery, which gave so great a crack, that some Members thought that it was a Plot indeed; and Sir Iohn Wray speaking out, he smelt Gunpowder, hastening back out of the Gallery; some Members and others in fear, running out of the House, frighted peo∣ple in the Lobby, who ran into the Hall, crying out, The Parliament House was falling, and the Members were slaine, and the people running in a hurry

through the Hall, Sir Robert Mansel drew his Sword, bid them stand for shame; he saw no Enemy to hurt the Parliament, nor heard no noise of the fall of the Parliament-House; but some of them hastened by Water from Westminster, and carryed the Alarm into London, which occasioned so great a resort of People in multitudes to Westminster, to save the Par∣liament, and one Regiment of Trained-Bands, Commanded by Colonel Manwaring, upon beat of Drum, were instantly Armed, and marched as far as Covent-Garden (beyond their Liberties) to secure the Parliament, but finding the Alarm false, they returned again. The same day the Com∣mons passed the Bill for the continuance of the present Parliament, and carried the same up to the Lords.

The House of Commons commanded all their Members to attend the House, and not to depart the Town.

The next day the Committee appointed to joyn with the Lords, for taking Examinations concerning the Plot, did acquaint the House, that * 19.3 6 or 8 of the chief Conspirators were fled, of which Mr. Henry Iermin, and Mr. Henry Piercy, Members of the House, were two, and that they were gone towards Portsmouth; Upon which Report, present Information came, that the Queen was preparing to go to Portsmouth, thereupon both * 19.4 Houses had a Conference, and agreed to move Her Majesty to stay Her journey for the security of Her Person, Her Majesty not knowing what danger she might be exposed to in those parts: In the mean time, One Lord and Two Commoners were dispatch'd to Portsmouth, with private Instru∣ctions, to propose certain Queries to the Governor there, and to take further care for the security of the Place and Haven of such Importance, and they took an Oath of Secresie, as those Lords and Commons had done, who were appointed to examine the Plot.

His Majesty was desired by both Houses, to issue out a Proclamation, * 19.5 for the calling in Mr. Peircy, and Mr. Iermin within a time limited, which was accordingly granted. And the Lords were desired by the Commons, to hasten the Bill of Attainder of the Earl of Strafford.

To prevent further discontents in the Army, this Letter was sent by Order, to Sir Iacob Ashly, and Sir Iohn Coniers, to be communicated to the Army in the North.

WHereas there hath been just cause of jealousie, that there hath * 19.6 been some secret Attempt and Practises, to infuse into the Ar∣my a mistake of this Parliament, to some dangerous intent and purpose againk this State; and that now the matter is grown to strong presump∣tion upon further discoveries, and by reason that some of those which were suspected to have been active therein, are fled upon the first stir∣ring thereof, before ever they were once named. It pleaseth this House to Declare, That notwithstanding they intend to search into the bot∣tom of this Conspiracy, yet purposing to proceed, especially against the principal Actors therein, this House hath resolved, whereunto the House of Peers hath likewise consented, that for such of the Army as the Con∣spirators have endeavoured to work upon, if they shall testify their Fidelity to the State, by a total discovery of that which they know, and can testify therein; they shall not only be free from all punishment, but also shall be esteemed to have done that, which is for the service of the State, in the discovering so dangerous a Plot, and for such of the Army as are and shall be found no ways tainted with the Design, or knowing any thing thereof, shall make such discovery as aforesaid, as

this House shall no ways doubt of their Loyalty and Fidelity, so it will have a special care, not only to satisfy all such Arrears, as this House hath formerly promised to discharge, but also give a fair testimony of the sence they have of their present and past wants; And it is ordered by this House, that immediately after the receipt hereof, you should communi∣cate this their Declartion unto all the Officers and Members of the Ar∣my, under your Command.

This Plot consisted of Three Heads, the first was the design upon the Tower; * 19.7 The Second, to engage the Army; The Third, to bring in foreign For∣ces. For the Tower it appeared to be thus, Captain Billingsly being exa∣mined upon oath, confessed that he was acquainted with Sir Iohn Suck∣ling, * 19.8 that the said Sir Iohn lately offered him imployment in one of the Kings Ships then at Portsmouth; afterwards imployment for Portugal; That this Deponent having notice to meet at the Privy Lodgings at Whitehall, did there receive Orders to get 100 men to serve in the Tower under him, and if he did fail, he should answer it with his life: and afterwards meeting with Sir Iohn Suckling, and acquainting him therewith, he told him he would furnish him with the said number. Sir Will. Bellfower, Lieutenant of the Tower being examined, said, That he had a Command to receive Capt. Billingsly with 100 Men into the Tower, who should be under his Command. That the Earl of Strafford at that time, expostu∣lating with him about his escape, told him he would attempt nothing in * 19.9 that kind without his privity, and that he should have the Kings Warrant for his Indemnity, and that the Warrant should be to Command him to remove the said Earl of Strafford from the Tower to some other Castle, and he would then take his opportunity to escape; That the Lieutenant of the Tower not giving any complying Answer thereunto, the said Earl sent again to intreat him to come to him, and would have perswaded him to let him make an escape; saying, without your concurrence it cannot be done, and if you will consent thereunto, I will make you present payment of Twenty two thousand pounds, besides, you shall have a good Marriage for your Son. To which the Lieutenant of the Tower replyed, he was so far from concurring therein, that he was not to be further moved in such a thing; thus much the Lieutenant delivered upon Oath.

Three other Witnesses were examined, who did Depose, That being desirous to see the Earl of Strafford, they were carried to the back door * 19.10 of the Gallery where his Lodgings were, and heard the Earl of Strafford discourse, as he was walking with Mr. Slingsby (as afterwards they un∣derstood his name to be) about his escape, as they conceived it, for they heard him say, Where is your Brothers Ship? to which he answered, in such a place, and that he might be there in three hours, if the Lieutenant of the Tower were sure to him. And heard the Earl further say, That if the King could have done any thing, His Majesty would by His Warrant have done it before now, and have sent for him to be removed; but now there was nothing to be thought upon but an escape; And also heard the said Earl say, If this Fort could be guarded two or three months, there would aid enough come.

The Plot concerning the Army was thus.

Col. Goring upon his Examination in the House of Commons, did con∣fess * 19.11 that Sir Iohn Suckling was the first Person that ever made any over∣ture

unto him concerning the Armys marching towards London; afterwards being in the Queens Lodgings, he met with Mr. H. P. which was about the beginning or middle of Lent last, and Mr. P. told him, there was a Consultation of Officers to be had, concerning the good of the Army, and desired him to go along with him to his Chamber, where the meeting was to be; there were present at the same meeting Comissary Wilmott, Col. Ashburnham, Capt. Pollard, Sir Iohn Berkly, Dan. O-Neal, Mr. Iermin and himself. That Mr. P. said, there were Propositions to be made, which were of great concernment, and that it was necessary there should be an Oath of Secresie taken, before any thing was propounded; That the Oath should be to this purpose, that we should neither directly nor indi∣rectly discover any part of the Consultation, nor ever to think our selves dissolved from that Oath, by any other Oath, which might be imposed upon us hereafter. which Oath was read out of a Paper, when it was tendred unto them, and that thereupon they were sworn by laying their hands upon the Bible, That he and Iermin were sworn together, for the rest had taken the Oath before.

Then three Propositions were made unto them, being the same in sub∣stance, expressed in Mr. P. Letter.

He further said, That the whole number there met, were of opinion, that the Army should not march towards London, till a Declaration had been first sent up to the Parliament. That he the said Goring answered, it was a nice point to interpose in the proceedings of the Parliament, and did propound some difficulties to allay the business, to divert Comissary Wilmot, and those other persons from so dangerous a business, and said, that he did think it was a design of Folly to undertake it, for they must think that the Scots would take the advantage upon the Armys removal Southwards, whose correspondency was so great with the City, and for them to begin to shew their Teeth, and not be able to bite, would argue little prudence. That they should either undertake it so, as to goe tho∣rough with it, or to let it alone; That he did ask them, What Ammuniti∣on they had to accommodate so great an Army, and whether they could command the Ammunition in the Tower. That Wilmot, Pollard, and Ash∣burnham, then made answer, they had no purpose to go to London, for to surprize the Tower, was to conquer the Kingdom. That this amongst other passages, was part of the discourse at the first meeting.

That shortly after, there was another meeting of the same persons, and in the same place in Mr. Peircies Chamber, where there were Propositions of another nature, Desperate and Impious on the one hand, and foolish on the other: and that he endeavoured by Argument to divert them, by pro∣pounding an impossibility to effect the same: For how could the Army lodged in several Quarters, unpaid, and at such a distance, march on a sudden to London, and surprize what they had in Design?

That Mr Iermin was the person that first proposed the marching of the Army towards London; That he for his part, declared himself absolutely against it: That Mr. Iermin replyed to him in private; You do not dis∣like the Design, for you are as ready for any wild mad undertaking, as any man I know, but you dislike the temper of those persons who are ingaged in the business.

He did further confess, That he propounded, that Suckling might also be admitted to the Consultation, but Wilmot, Ashburnham, and Pol∣lard would not hear of it; and they three did then declare themselves a∣gainst the Armys marching towards London.

Then he took occasion to say, That he did acquaint some Members of both Houses, whom he could name, that there were some of the Army whom they did not think so well of, were more faithful and serviceable to the Parliament, than they were aware of, which time would produce, and named them; and they did accordingly give testimony of his Integrity, so far as general Terms could discover the design: He confessed, that Mr. Iermin did make some offers unto him, to relinquish the Government of Portsmouth, upon some other terms of advantage; but he said, he did not conclude any thing, for he would first see the performance of what was offered, so had no further discourse with him concerning that business, but he doth believe that Suckling and Iermin did confer together about the Design; he said, they did desire his opinion about a General; some were for Essex, some for Holland, but he with Iermin, were for Newcastle.

Being again examined upon his Oath, before the Committee of Lords and Commons, and pressed more particularly to answer questions not before proposed unto him; He did confess, that meeting with Mr. Iermin in the Queens Drawing-Chamber, Her Majesty came and told him, the King would speak with him, and meeting with His Majesty, he told him, he was minded to set His Army into a good posture, being advised thereto by the Earl of Bristol (as he said) and His Majesty then Commanded him to joyn with Mr. Peircy, and some others in that business.

As for the Designs from beyond Seas, the Committee did make Report to the House, that it was clear'd unto them, that Iermin endeavoured to have got the possession of Portsmouth; That the King of France had drawn down great Forces to the Sea-side; That the Governor of Calice had examined some Englishmen, whether the Earl of Straffords Head was yet off? and this was in point of time the First of May, according to the English stile, and Sir Philip Cartwright, Governor of Guernsey, wrote Letters also, which came in great haste; That he understood the French had a Design upon that Island, or some part of England. It also appeared to the Committee by divers of the Letters, which were opened coming from beyond Sea, that they ex∣pected the Earl of Strafford there, and that they hoped the Horseleeches should be starved for want of Blood; and in some of those Letters, there was advice to the Cardinal, to bestir himself betimes, to interrupt the height of the proceedings here in England. Also examination of some Priests were taken in Lancashire, and sent up to London, which were there taken the 3 of May, which did testify, That the Priests did say, The Par∣liament should be suddenly Dissolved, for the Army was to march up thi∣ther with all speed, and they would be seconded by Forces out of France; and that Mountague did write out of France to Mr Peircy (which was also intercepted) That if he did perform what he had undertaken, he would be made a Knight of the Garter

Mr. Peircys Letter to the Earl of Northumberland, and by him presented to the Parliament

WHat with my own Innocency, and the Violence I hear is against * 20.1 me, I find my self much distracted; I will not ask your Coun∣sel, because it may bring prejudice upon you, but I will with all Faith∣fulness and Truth tell you, what my part hath been, that at least it may be cleared by you, whatsoever becomes of me.

When there was 50000 l. designed by the Parliament for the English Army, there was (as I take it) a suddain Demand by the Scots at the same time, of 25000 l, of which there was 15000 l. ready; this they pres∣sed with much necessity, so as the Parliament did (after an Order made) think it fit for them to Reduct 10000 l. out of the 50000 l. formerly granted, upon which, the Soldiers in our House were much scandali∣zed, amongst which was one, and sitting by Wilmot and Ashburnham, Wilmot stood up and told them, If that the Scots could procure Money, he doubted not but the Officers of the English Army might easily do the like; but the first Order was reversed notwithstanding, and 10000 l, given to the Scots, this was the cause of many discourses of dislike among us, and came to this purpose, That they were disobliged by the Parliament, and not by the King, this being said often to one another, we did Resolve, that Wilmot, Ashburnham, Pollard, O-Neal, and my Self, to make some expressions of serving the King in all things he would Command us, that were Honourable for Him and us, being likewise agreeing to the fundamental Laws of the Kingdom, that so far we would live and dye with him. This was agreed upon with us, not having any communi∣cation with others, that I am coupled now with all; and further, by their joynt consent, I was to tell His Majesty thus much from them, but withal, I was to order the matter so, as the King might appre∣hend this as a great Service done unto him at this time, that when affairs were in so ill a condition, and they were most confident they would ingage the whole Army thus far, but further, they would un∣dertake nothing, because they would neither infringe the Liberty of the Subjects, nor destroy the Laws; to which I and every one consented; and having their sence, I drew the Heads up in a Paper, which they all approved of when I read it, and then we did by an Oath, promise one an∣other, to be constant and secret in all this, and did all of us take this Oath together; then I said, Well Sirs, I must now be informed, what your particular desires are, that so I may be the better able to serve you, which they were pleased to do; and so I did very faithfully serve them therein, as far as I could: This is the Truth, and all the Truth, upon my Soul. In particular discourses after that, we did fall upon the petitioning to the King and Parliament for Moneys, there being so great Arrears due to us, and so much delays made in the procuring of them, but that was never done.

The Heads were these.

• 1. Concerning the Bishops Functions and Votes.
• 2. The not disbanding of the Irish Army, until the Scots were disbanded to.
• 3. The endeavouring to settle His Majesties Revenue to that proportion it was formerly.

And it was resolved by us all, if the King should require our assist∣ance in those things, that as far as we could, we might contribute there∣unto, without breaking the Laws of the Kingdom. And in case the King should be denyed, those things being put to them, we would not fly from him: all these persons did Act and Concur in this as well as I. This being all imparted to the King by me from them, I perceived he had been Treated with by others, concerning some things of our Army which agreed not with what was proposed by me, but tended to a way more sharp and high, not having limits, either of Honor or Law. I told the

King he might be pleased to consider with himself, which of the ways it was fit for him to hearken unto? for us, we were resolved not to de∣part from our grounds; we should not be displeased whosoever they were, but the particular of the Designs, or the Persons, we desired not to know, though it was no hard matter to guess at them; In the end, I believe the danger of the one, and the justice of the other made the King tell me, he would cast off all thoughts of other Propositions but ours, as things not practicable, but desired notwithstanding, that Goring and Iermin, who were acquainted with the other proceedings, should be admitted amongst us; I told him, I thought the other Gentry would ne∣ver consent to it, but I would propose it, which I did, and we were all much against it, but the King did press it so much, as at the last it was consented unto, and Goring and Iermin came to my Chamber there: I was appointed to tell them, after they had sworn to Secrecy, what we had proposed, which I did; But before I go into the Debate of the way, I must tell you, Iermin and Goring were very earnest Suckling should be admitted, which we did all decline, and was desired by all our men to be resolute in it, which I was, and gave many Reasons; whereupon Mr. Goring made answer, he was ingaged with Suckling, his being imploy∣ed in the Army; but for his meeting with us, they were content to pass it by: Then we took up again the ways that were proposed, which took great debate, and theirs differed from ours in Violence and Heigth, which we all protested against, and parted disagreeing totally, yet remitted it to be spoken of by me and Iermin to the King, which we both did, and the King constant to his former Resolutions, told them these wayes were all vain and foolish, and would think of them no more. I omit one thing of Mr. Goring, he desired to know how the Chief Commands were to be disposed of, for if he had not a Condition worthy of himself, he would not go along with us; We made answer, That no body thought of that; we intended, if we were sent down, to go all in the same capacity we were in, he did not like that by any means, and by that did work so with Mr. Chidley, that there was a Letter sent by some of the Commanders, to make him Lieutenant-General; and when he had ordered this matter at London, and Mr. Chidley had his Instructions, then did he go to Portsmouth, pretending to be absent when this was a working; we all desired, my Lords of Essex or Holland to be General, but Goring and Iermin were for Newcastle. They were pleased to give Report, that I should be General of the Horse, but I protest, neither to the King, nor any else, did I so much as think of it; My Lord of Holland was made General, and so all things were laid aside: and this is the Truth, and all the Truth I knew of these proceedings; and this I will, and do protest unto you upon my Faith, and Wilmot, Ashburnham, and O-Neal, have at several times confessed and sworn; I never said any thing in the business, they did not every one agree unto and justify. This Relation I sent you, rather to inform you of the truth of the mat∣ter, that you may the better know how to do me good, but I should think my self very unhappy to be made a betrayer of any body; what concerned the Tower, or any thing else, I never medled withal, nor ever spake with Goring, but that night before them all, and I said nothing but what was consented unto by any party; I never spake one word with Suckling, Carnarvan, Davenant, or any other creature. Methinks, if my Friends and kindred knew the Truth and Justice of the matter, it were no hard matter to serve me in some measure.

Afterwards was read Father Philips's Letter to Mr. Mountague, as followeth;

THe good King and Queen are left very naked; the Puritans, if * 21.1 they durst, would pull the good Queen in pieces. Can the good King of France, suffer a Daughter of France, his Sister, and her Chil∣dren to be thus affronted? Can the wise Cardinal endure England and Scotland to unite, and not be able to discern, in the end, it is like they will joyn together, and turn head against France? A stirring active Ambassador might do good here; I have sent you a Copy of the Kings Speech on Saturday last, at which time he discharged his Conscience concerning the Earl of Strafford, and was advised to make that Speech by the Earl of Bristol, and the Lord Savile.

This Speech did much operate to the disadvantage of the Earl of Strafford, for the Commons were thereby much incensed and inflamed against him, and this brought forth the next day, being Monday, a Pro∣testation which was taken in both Houses of Parliament of the same na∣ture, but rather worse than the Scotch Covenant.

The Londoners, who are very boysterous, came upon Monday, 5 or 600, and were so rude, that they would not suffer the Lords to come and go quietly and peaceably to their House, but threatened them, that if they had not Justice, and if they had not his Life, it should go hard for all those that stood for him; following them up and down, and cal∣l••g for Iustice, Iustice, Iustice.

There was in the House of Commons Fifty six that denyed to pass the Earl of Straffords Bill; their Names were taken, and they were fix∣ed upon Posts in divers parts in London, and there was written over head, These are Straffordians, the Betrayers of their Countrey.

By this means it came to pass, that the Lords and Judges were much affrighted, and the most of his friends in the Lords House forsook him, all the Popish Lords did absent themselves, the Lords of Holland and Hartford were absent, so was Bristol and others; Savil and the Duke only stuck close and faithfully to him, and some few other Lords; God knows, the King is much dejected, the Lords much affrighted, which made the Citizens and the House of Commons shew their heads; some have braved little less than to Unthrown His Majesty, Who, if He had but an ordinary Spirit, might easily quash and suppress these people. Our good Queen is much afflicted, and in my conscience, the Puritans, if they durst, would tear her in pieces. This cannot be for the Honor of France, to endure a Daughter of that Nation, to be oppressed and affronted.

The Earl of Holland is made General of the Army, whither he is gone * 21.2 down; the Earl of Newport, Master of the Ordinance; Ballfower, Lieu∣tenant of the Tower, hath proved an errand Traitor to the King, who Commanded him upon his Allegiance, to receive a Captain and 100 Men into the Tower, which he most Traiterously refused to do.

There was a Report in London, that the Parliament House was on fire, whereupon there were many thousands of people very suddainly gathered together; whereby you may easily see the height and violence of the peoples affections,

May the 6th. Ann. Dom. 1641.

Upon the reading of this Letter, and exceptions taken to his expres∣sion, That the Puritans would tear the Queen in pieces, and to other pas∣sages * 21.3 in the Letter; and upon Information also given, of his endeavour∣ing to seduce the Kings Subjects to the Popish Religion: it was ordered he should be sent for to be examined; who thereupon applyed himself to His Majesty, and the King told him, he would know what the business was before he should go, as Philips told the Serjeant, and so refused to come with him; Hereupon the House of Commons desired Mr. Treasurer to acquaint His Majesty, That they had some cause to examine Francis Philips, a Romish Priest, and to that end sent him a Summons, which he doth refuse to obey, and makes His Majesties House a Sanctuary in case of High Treason; That in respect to His Majesty, the House doth forbear to take further course herein, till His Majesty be further acquainted with it.

Hereupon Father Philips appeared, and was called to the Bar of the * 21.4 House, where he first kneeled, and afterwards stood up, and being de∣manded the reason, wherefore he appeared not? He answered, because the Warrant was to apprehend Francis Philips, and his name was Robert Philips, and that the Queen wish'd him to stay till he had spoken with the King, and the King told him, the House may send for him, when they call for any of his Servants, till then he need not goe; and the Letter before mentioned, being produced unto him, he confessed the same to be his own Hand-writing. The further examination of this business, was referred to the Committee for the Popish Hierarchy, who drew up this Impeach∣ment following,

The Impeachment, and Articles of Complaint against Father Philips, the Queens Confessor, lately committed to the Tower by the Parliament.

I. THat the said Father Philips hath been observed to be a great cause, both in himself and his Adherents, of a great part of the unqui∣etness of this State.

II. He, with Parsons, and others their Assistants, were the only cause that the Pope was stirred up to some Breves to these Kingdoms of England and Scotland, to hinder the Oath of Allegiance, and lawful Obedience of the Subjects to Our Gracious King, that so they may still fish in troubled waters.

III. The damnable Doctrine which he and other Jesuits have taught, to Destroy, and Depose Kings, hath been the cause of the Civil Wars, like to befall these Kingdoms, if God in his mercy do not prevent it.

IV. They have been the cause of the Monopolies projected in this King∣dom, especially concerning Soap, the Forrest of Dean, and marking of Butter-Cask, where all the Parties were Partners, and Confederates with them, as Sir Basil Brook, Sir Iohn Winter, and a Brother-in-law of the said Sir Iohn, that lived in Worcestershire, and Mr. Ployden, whose Servant na∣med Baldwin, hath been seen to deliver to Captain Read, a Substitute of the Jesuits, an hundred pound at a time to one Jesuite.

V. Father Philips hath been a great Actor with the Superior of the Ca∣puchins, who is a most turbulent Spirit, and was sent thither by Cardinal Richlieu of France, to be a spy at this Court for the French Faction: And hath therefore laboured by all means to breed dissentions; for the French aim at nothing more, then to make a Schism betwixt the English and the Scots, that this State might so be weakened, and made unable to with∣stand them, that so they might have an opportunity to conquer these Kingdoms; these unquiet Spirits having access to Her Majesty, may im∣portune things not fit for the State.

VI. The said Father Philips hath been guided by a Gray Fryer, who by degrees hath intruded himself to be a Clerk of Her Majestys Chappel, and Chaplain Extraord. in time of progress, who when he is out of Lon∣don, goeth by the name of Mr. Wilson, but his true name is Will. Thomson Dr. of Divinity, as some Jesuits have affirmed; but a most furious Spirit, and unquiet, and therefore by Nickname, is by some called Cacafugo, that is as much as if in English you should say Shit-fire; by whom Father Philips hath been so led, that he hath been very officious to perform whatsoever he would have done. These two have ruled all the business concerning the two Kingdoms on the Papists parts, and for the most part of Rome also.

VII. The said Father Philips hath placed many unfit persons about Her Majesty, viz. Sir Iohn Winter to be Her Majesties Secretary, Signior Georgeo come late Agent from the Pope, his Brother was by his means admitted to be Servant Extraordinary to the Queen, a man altogether unfit for that place, a most scandalous person, having three Wives, all now alive.

VIII. Sundry persons by the said Father Philips have been admitted to be the Queens Servants Extraordinary, by some supposed Office or o∣ther, as Mr. Laburn, Geo. Gage, (Brother to Col. Gage) have both Ora∣torian Priests, the one of the French Faction very seditious, the other of the Spanish, whose Brother is now left Resident at Rome for them, by his Master Mr. William Hamilton late Agent at Rome; Penrick is sworn Servant Extraordinary to Her Majesty, who is a sworn Spaniard, and Intel∣ligencer for Rome, in respect his Brother is Agent here by Father Philips; these and many others, who are factious and turbulent spirits, have by Father Philips his means, received protection from the Queens Majesty.

IX. The said Philips hath been much ruled by Sir Toby Mathews, Sir Iohn Winter, and Mr. Walter Mountague.

X. He was very forward with his Complices, for the breaking of the Ice to begin the Treaty here for the Popes Honors sake, and when Sir Robert Dowglas, and Signior Georgio were nominated, whom he thought most fit, Cardinal Richlieu was thought fittest to be the man who should direct him to begin the correspondency between the Pope and the Queen, and there∣fore he was sent to France with many Letters, and from thence he was dispatched for Rome by the Cardinal, where he was received with great respect; and after a Viatick, he was dispatched again for England with some few small Gifts, as Pictures, Crosses, Agnus Dei's, and such like Popish stuff, to Father Philips.

XI. The said Father Philips was the chief Agent in correspondency with, and bringing in of Signior Georgio Parsons, the Oratorian Priest, by whose direction this Priest, being at Paris, left wearing of Priests Cloaths, and went in the Habit of a Gentleman; and because he had a shaven Crown, therefore he wore a Periwig, and Father Philips directed all those that sent to write to him, as to an Italian Gentleman, desirous to see these Kingdoms, and by Father Philips's direction, he afterwards came hither, who did here contrive for the space of two years, practising great and dangerous Inno∣vations from place to place, and then having dispatched his business, re∣turns to Rome with great Presents from the Catholicks of the greater sort.

XII. Whereas it hath pleased God to bless us with a hopeful Prince, to the comfort of our King and Kingdom, yet the said Father Philips hath attempted to traduce his tender years to Popery; but God hath prevent∣ed him of his purpose, and let us pray to God to preserve that Royal Race from Popery, and the whole Land from all Innovations, that Our Gracious King may rule Gloriously, and the whole Land live in peace to the Honor of God, and Comfort of us all, Amen.

Resolved, That Mr. Henry Peircy in the Months of March and April last, * 22.1 in the Parish of St. Martins, in the County of Middlesex, did compass, Plot, and Conspire with others, to draw the Army together, and imploy the same against the Parliament, and by force and dread thereof, to com∣pel the Parliament to agree to certain Propositions by them contrived, and to hinder and interrupt the Proceedings of the Parliament; The like Resolution in the same words concerning Mr. Iermin, Sir Iohn Suckling, &c.

Resolved, That in pursuance of the said Design, the said Henry Peircy by the Plot and Combination aforesaid, did endeavour to perswade di∣vers Members of the House of Commons of the said Parliament and others, being Officers of the said Army, that is to say, Wilmot, Ashburnham, Berkley, Pollard, and Daniel O-Neal, that they were disobliged by the Parliament, thereby to incense them, and to affect them against the Parliament, and did hold divers consultations with the said parties, to effect the said wick∣ed and dangerous Design; and to that purpose, did set down in Writing certain Propositions to the effect as followeth, viz. The preserving of Bi∣shops in their Functions and Votes; The not Disbanding of the Irish Army, until the Scots were Disbanded; And the endeavouring to settle the Kings Revenue to the proportion it was formerly.

Resolved, That the said Henry Peircy did in pursuance of the Plot and Combination aforesaid, and for the more secret carriage thereof, admini∣ster to the said parties a wicked and unlawful Oath, whereby they did swear upon the Holy Evangelists, not to reveal any thing, that was spo∣ken concernig the business, that was in Consultation, directly or indirect∣ly, nor to think themselves absolved by any other Oath that should be after taken by them, from the Secresie enjoyned by the said Oath.

Resolved, That the said Henry Peircy at the time of the said Oath was taken, and at divers other times did propound and endeavour to perswade the persons before-named, and other Officers of the said Army, to put the said Army into a Warlike posture, and to bring them up to London, and

likewise to make themselves sure of the Tower, and so by force to compel the Parliament to conform to their Will, and he with Suckling, &c. did endeavour to work a belief in the said Army, that the King and Parlia∣ment would disagree, and so to persuade them to adhere to His Majesty against the Parliament; and said, that all the French about the City of London would assist them, and to the great scandal of the King, That the Prince and the Earl of Newcastle were to meet the Army at Nottingham, with a Thousand Horse; and that Suckling to encompass the Design of gaining the Tower, did contrive, that 100 Men under Capt. Billing sley should be designed for that purpose, when the opportunity was offered.

To the end the City of London should not be able to make any resist∣ance, when the said Army should come up, according to the foremention∣ed Design; and Suckling by the means and Plot aforesaid, did thereby endeavour, that the Earl of Strafford, then Prisoner in the Tower, might the better incompass his escape.

That Berkley and O-Neal being questioned, did flye for the same. * 22.2

Resolved, That upon the whole matter, Mr. Pierce shall be charged with High Treason, the like for Iermin and Suckling.

That 3000 l. of the Pole-money be paid to Col. Goring, for the use of the Garrison of Portsmouth.

Resolved, That Col. Goring in his Depositions concerning this Discove∣ry, * 22.3 hath done nothing contrary to Justice and Honour, but hath therein deserved very well of the Commons of this House.

Friday the 7th of May, the Lords passed the Bill of Attainder, as also * 22.4 the Bill for the Continuance of this present Parliament.

Saturday the 8th of May, Mr. Hotham was sent with a Message to the House of Lords, to desire their Lordships to joyn with them, to move His Majesty for his Consent to the Bill of Attainder, in regard, the peace of the Ringdom doth so much depend upon the execution of that Bill, which had passed both Houses; and accordingly a certain number of the House of Peers were sent unto His Majesty, to acquaint him therewith; and also with the Bill for the Continuance of this present Parliament.

The House being informed, That Ships were ready to be put to Sea, but that Mariners could not be got. It was the same day Resolved, That a * 22.5 Bill should be drawn to enable the Pressing of Mariners for a certain time, the House being very tender of bringing the way of Pressing into exam∣ple * 22.6 by a Law.

Sunday the 9th of May, the King called His Privy Council together at Whitehall, and propounded several scruples unto them concerning that Bill, some of the Judges and Bishops were present also, to whom His Majesty imparted his doubts, and had their opinions therein. In Fine, His Majesty gave Order for a Commission to impower the Earl of Arundel, the Lord Privy Seal, and two other Lords, to give his Assent to the Bill, for the Execution of the Earl of Strafford upon Wednesday following; as also to the other Bill for the continuance of this present Parliament.

Monday the 10th of May, the Commission passed the Great Seal accord∣ingly, and the Commons were sent for to the House of Lords, to be pre∣sent at the giving the Royal Assent to both those Bills.

The same day His Majesty sent a Message to both Houses, that the Irish * 22.7 Army should be instantly disbanded, and that he would that night dispatch an Express for the expediting thereof.

It was hereupon moved, That Mr. Treasurer be desired by the House of Commons to return their Humble thanks to His Majesty, and to assure him, that they would make him as Glorious a Potentate, and as rich a Prince, as any of His Predecessors, His Majesty continuing still to take the advice of His Great Council the Parliament along with him, in the management of the great affairs of the Kingdom.

The Earl of Strafford understanding that His Majesty had passed the Bill, did Humbly Petition the House of Peers.

SEEing it is the good Will and pleasure of God, that your Petitioner is now shortly to pay that Duty which we all owe to our frail Na∣ture; * 23.1 he shall in all Christian Patience and Charity, conform and submit himself to your Justice, in a comfortable assurance of the great hope laid up for us, in the Mercy and Merits of our Saviour blessed for ever.

Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children, whom now with his last blessing, he must commit to the protection of Almigh∣ty God, beseeching your Lordships to finish his pious intentions towards them, and desiring that the reward thereof may be fulfilled in you, by him that is able to give above all we are able to ask or think; Wherein I trust the Honourable House of Commons will afford their Christian Assistance.

And so beseeching your Lordships Charitably to forgive all his Omis∣sions and Infirmities, he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father, and that for his Goodness he may perfect you in every good Work,

Amen.

THO. WENTWORTH.

WHereas the Knights, Citizens, and Burgesses of the House of Com∣mons * 24.1 in this present Parliament Assembled, have in the name of themselves, and of all the Commons of England, Impeached Thomas Earl of Strafford of High Treason, for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of Eng∣land and Ireland, and to introduce an Arbitrary and Tyrannical Govern∣ment against Law in the said Kingdoms, and for exercising a Tyrannous and exorbitant Power over, and against the Laws of the said Kingdoms, and the Liberties, Estates, and Lives of His Majesties Subjects; and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland, against their consents, to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party, which accordingly was executed 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 Liege People in that Kingdom; And also for that he, upon the unhappy Dissolution of the last Parliament, did slander the House of Commons to His Majesty, and did Counsel and Advise His Majesty, That he was loose and absolved from the Rule of Government, and

That he had an Army in Ireland, by which he might reduce this Kingdom; for which he deserves to undergo the Pains and Forfeitures of High Trea∣son.

And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland; all which Offences have been sufficiently proved against the said Earl upon his Impeachment.

Be it therefore Enacted by the Kings Most Excellent Majesty, and by the Lords and Commons in this present Parliament assembled, and by the Au∣thority of the same, that the said Earl of Strafford, for the Heinous Crimes and Offences aforesaid, stand, and be adjudged and attainted of High-Treason, and shall suffer such Pain of Death, and incurr the Forfeitures of his Goods and Chattels, Lands, Tenements and Hereditaments of any Estate of Freehold, or Inheritance in the said Kingdoms of England and Ireland, 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 Parliament, or at any time since.

* 24.2 Provided, that no Judge or Judges, Justice, or Justices whatsoever, shall adjudge or interpret any act or thing to be Treason, nor hear or determin any Treason in any other manner than he or they should, or ought to have done before the making of this Act, and as if this Act had never been had or made; Saving always unto all and singular Persons, Bodies Poli∣tick and Corporate, their Heirs and successors, others then the said Earl and his Heirs, and such as Claim from, by, or under him all such Right Title and Interest of, in, and to all and singular such of the said Lands, Tenements and Hereditaments, as he, they, or any of them had before the first day of this pre∣sent Parliament, any thing herein contain'd to the contrary notwithstanding.

Provided, That the passing of this present Act, or His Majesties Assent thereunto, shall not be any determination of this present Sessions of Parlia∣ment; But that this present Sessions of Parliament, and all Bills and Mat∣ters whatsoever depending in Parliament, and not fully Enacted or Deter∣mined, and all Statutes and Acts of Parliament, which have their continu∣ance until the end of this present Session of Parliament, shall remain, con∣tinue, and be in full force as if this Act had not been.

The day following, the King wrote this Letter to the Lords on the be∣half of the Earl of Strafford, and sent it by the Prince.

My Lords,

I Did yesterday satisfie the Iustice of the Kingdom, by passing the Bill of At∣tainder * 25.1 against the Earl of Strafford; but Mercy being as inherent and inse∣parable to a King as Iustice, I desire at this time in some measure to shew that likewise, by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment; Yet so, if ever he make the least offer to escape, or offer directly, or indirectly to meddle in any sort of publick business, especially with me, either by Message or Letter, it shall cost him his Life, without further Process; This if it may be done without the Discontentment of my People, will be an unspeakable contentment to me; to which end, as in the first place, I by this Letter do earnestly desire your Approbation, and to endear it more, have chosen him to carry it, that of all your house is most dear to me; So I desire that by a Conference, you will endeavour to give the House of Commons Content∣ment, assuring you that the Exercise of Mercy is no more pleasing to me, than to see both Houses of Parliament Consent for my sake, that I should moderate the severity of the Law in so important a Case.

I will not say, that your Complying with me in this my intended Mercy, shall make me more Willing, but certainly 'twill make me more Chearful, in Grant∣ing

your Iust Grievances. But, if no less then his life can satisfie my people, I must say, Fiat Justitia. Thus again, recommending the Consideration of my Intention to you, I rest,

Your unalterable and affectionate Friend, Charles R.

Whitehall, 11th of May, 1641.

If he must dye, is were Charity to Reprieve him till Saturday.

This Letter, all Written with the Kings own Hand, and delivered by the Hand of the Prince, was twice Read in the House, and after serious and sad Consideration, the House resolved presently to send 12 of the Peers Messengers to the King, humbly to signifie,

That neither of the Two Inten∣tions, * 25.2 expressed in the Letter, could, with duty in them, or without dan∣ger to Himself, his dearest Consort the Queen, and all the Young Princes their Children, possibly be Advised;

all which being done accordingly, and the Reasons shewed to His Majesty, He suffered no more words to come from them: but, out of the fulness of His heart, to the observance of Justice, and for the Contentment of His People, told them, That what He intended by His Letter was, with an (if) if it might be done without Dis∣contentment of His People; if that cannot be, I say again, the same I Writ, Fiat Justitia: My other Intnetion proceeding out of Charity for a few days Respite, was upon certain Information, that his Estate was so distracted, that it necessarily required some few days for settlement thereof.

Whereunto the Lords Answered; Their purpose was to be Suitors to His Majesty, for favour to be shewed to his Innocent Children; and if himself had made any provision for them, the same might hold.

This was well-liking unto His Majesty, who thereupon departed from the Lords: At His Majesties parting they offered up into His hands the Letter it self which He had sent; but He was pleased to say, My Lords, What I have Written to you, I shall be content it be Registred by you in your House; In it you see my mind, I hope you will use it to my Honour.

This, upon return of the Lords from the King was presently Report∣ed to the House by the Lord Privy-Seal, and Ordered that these Lines should go out with the Kings Letter, if any Copies of the Letter were dispersed.

The House being informed, That the Queen-Mother apprehending Her self in some danger, by reason that divers words were scattered among the * 25.3 Tumultuous Assembly, as if they had some design upon Her Person, and those Priests which she had for Her own Houshold, desired a Guard for Her Security, Concluded, that as to the Security of Her own Person, they were bound in honour not to suffer any Violence to be done unto Her, and so referred it to a Committee, to consider what was fit to be done in order thereto: Which being Reported by Mr. Henry Martyn, he decla∣red, That the Committee had duely considered Her Majesties just Fears, and therefore should agree to all good ways and means, that might con∣duce to the safety of her Person. But fearing that the said means may notwithstanding prove ineffectual for Her Protection, That therefore the House would intreat the Lords to joyn with them, humbly to beseech His

Majesty, That the Queen Mother may be moved to depart the Kingdom, the rather for the Quieting of those Jealousies in the Hearts of His Ma∣jesties well-affected Subjects, occasioned by some ill Instruments about the said Queens Person, by the flocking of Priests and Papists to Her House, and by the Use and Practice of the Idolatry of the Mass.

Wednesday the 12th of May.

THe Earl of Strafford was brought from the Tower to the Scaffold upon Tower-Hill, where the Bishop of Armagh, the Earl of Cleeve∣land, * 25.4 Sir George VVentworth, Brother to the said Earl of Strafford, and o∣thers of his Friends, were present, to take their Leaves of him. But be∣fore he fitted himself to Prostrate his Body to Execution, he desired pati∣ence of the People to hear him speak a few words, which the Author took from his Mouth, being then there on the Scaffold with him, viz.

MY Lord Primate of Ireland, and my Lords, and the rest of these Noble Gentlemen, It is a great Comfort to me to have your * 25.5 Lordships by me this day, because I have been known to you a long time, and I now desire to be heard a few words.

I come here, my Lords, to pay my last Debt to Sin, which is Death; And through the Mercies of God to rise again to Eternal Glory.

My Lords, if I may use a few words, I shall take it as a great Cur∣tesie from you; I come here to submit to the Judgment that is passed against me; I do it with a very quiet and contented Mind; I do free∣ly forgive all the World; a forgiveness not from the Teeth outward (as they say) but from my heart; I speak in the presence of Almighty God, before whom I stand, that there is not a displeasing thought that ariseth in me against any Man: I thank God I say truly, my Consci∣ence beares me Witness, that in all the Honor I had to serve His Maje∣sty, I had not any Intention in my heart, but what did aime at the Joynt and Individual prosperity of the King and His People; although it be my ill hap to be misconstrued; I am not the first Man that hath suf∣fered in this kind: It is a Common Portion that befalls men in this Life, Righteous Judgment shall be hereafter; here we are subject to Error, and Misjudging one another.

One thing I desire to be heard in, and do hope, that for Christian Charities sake I shall be believed; I was so far from being against Par∣liaments, that I did always think Parliaments in England to be the hap∣py Constitution of the Kingdom and Nation, and the best means, un∣der God, to make the King and His people happy: As for my Death, I do here acquit all the World, and beseech God to forgive them; In par∣ticular, I am very glad His Majesty conceives me not meriting so severe and heavy a punishment, as the utmost Execution of this Sentence; I do infinitely rejoyce in it, and in that Mercy of His, and do beseech God to Return Him the same, that He may find Mercy when He hath most need of it. I wish this Kingdom all prosperity and happiness in the World:

I did it Living, and now Dying it is my Wish.

I profess heartily my apprehension, and do humbly recommend it to you, and wish that every Man would lay his hand on his heart, and con∣sider seriously, Whether the beginning of the peoples Happiness should be Written in Letters of Blood?

I fear they are in a Wrong Way; I

desire Almighty God, that no one drop of my Blood rise up in judgement against them; I have but one word more, and that is for my Religion.

My Lord of Armagh, I do profess my self seriously, faithfully, and truly to be an obedient Son of the Church of England; In that Church I was born and bred, in that Religion I have lived, and now in that I dye; Prosperity and Happiness be ever to it.

It hath been said I was inclined to Popery, if it be an Objection worth the answering, let me say truly from my heart, that since I was Twenty one years of age unto this day, going on 49 years, I never had thought or doubt of the truth of this Religion, nor had ever any the boldness to suggest to me the contrary, to my best remembrance.

And so being reconciled to the Mercies of Jesus Christ my Saviour, in∣to whose bosom I hope shortly to be gathered, to enjoy Eternal Hap∣piness, which shall never have an end; I desire heartily to be forgiven of every Man, if any rash or unadvised Words or Deeds have passed from me; and desire all your Prayers; and so my Lord farewel; and farewel all things in this world.

The Lord strengthen my Faith, and give me Confidence and Assurance in the Merits of Christ Jesus; I trust in God we shall all meet to live E∣ternally in Heaven, and receive the accomplishment of all Happiness, where every Tear shall be wiped from our Eyes, and sad thoughts from our Hearts; And so God bless this Kingdom, and Jesus have Mercy on my Soul.

Then turning himself about, he saluted all the Noblemen, and took a solemn leave of all considerable persons on the Scaffold, giving them his Hand.

And after that he said, Gentlemen, I would say my Prayers, and I in∣treat you all to pray with me, and for me: Then his Chaplain laid the Book of Common Prayer upon the Chair before him, as he kneeled down, on which he prayed almost a quarter of an hour, then he prayed as long or longer without a Book, and ended with the Lords Prayer: then standing up, he spyed his Brother Sir George Wentworth, and call'd him to him, and said, Brother, We must part, remember me to my Sister, and to my Wife, and carry my blessing to my eldest Son, and charge him from me, that he fear God, and continue an obedient Son of the Church of England, and that he approve himself a faithful Subject to the King, and tell him, that he should not have any private Grudge or Revenge towards any concern∣ing me, and bid him beware to meddle not with Church Livings, for that will prove a Moth and Canker to him in his Estate, and wish him to con∣tent himself to be a Servant to his Countrey, as a Justice of Peace in his County, not aiming at higher preferments: Carry my Blessing also to my Daughter Ann, and Arrabella, charge them to fear and serve God, and he will bless them, not forgetting my little Infant, that knows neither good nor evil, and cannot speak for it self, God speak for it, and bless it. Then said he, I have nigh done; One stroak will make my Wife Hus∣bandless, my dear Children Fatherless, and my poor Servants Masterless, and seperate me from my dear Brother, and all my Friends, but let God be to you and them all in all.

After, that, going to take off his Doublet, and to make himself unrea∣dy, he said, I thank God I am no more afraid of Death, nor daunted with any discouragements arising from any fears, but do as chearfully put off my Doublet at this time, as ever I did when I went to Bed; Then

he put off his Doublet, and wound up his Hair with his Hands, and put on a white Cap.

Then he called, Where is the man that should do this last Office? (mean∣ing the Executioner) call him to me; When he came and ask'd him for∣giveness, he told him, he forgave him and all the World; then kneeling down by the Block, he went to Prayer again himself, the Bishop of Armagh kneeling on the one side, and the Minister on the other; to the which Mini∣ster after Prayer he turned himself, and spoke some few words softly, having his Hands lifted up, the Minister closed his Hands with his; then bowing himself to the Earth, to lay down his Head on the Block, he told the Ex∣ecutioner, that he would first lay down his Head to try the fitness of the Block, and take it up again, before he laid it down for good and all, and so he did; and before he laid it down again, he told the Executioner, That he would give him warning when to strike by streatching forth his Hands, and then laid down his Neck on the Block, stretching out his Hands, the Executioner struck off his Head at one blow, then took the Head up in his Hand; and shewed it to all the People, and said; God save the King.

A Copy of the Paper containing the Heads of the Lord Straffords last Speech, written by his own Hand, as it was left upon the Scaffold.

• 1. I Come to pay the last debt we ow to Sin.
• 2. Rise to Righteousness.
• 3. Dye willingly.
• 4. Forgive all.
• 5. Submit to what is voted Iustice, but my intentions innocent from Subverting, &c.
• 6. Wishing nothing more than great Prosperity to King and People.
• 7. Acquit the King constrained.
• 8. Beseech to Repent.
• 9. Strange way to write the beginning of Reformation, and Settlement of a Kingdom in Blood on themselves.
• 10. Beseech that Demand may rest there.
• 11. Call not Blood on themselves.
• 12. Dye in the Faith of the Church.
• 13. Pray for it, and desire their Prayers with me.

GIve me leave here to add two pretty passages more: The first is when My L. of Strafford, the night before the day of Execution, had sent for the Lieutenant of the Tower, and asked him, Whether it were possible he might speak with the Archbishop; The Lieutenant told him, he might not do it without Orders from the Parliament. Master Lieutenant (said he) you shall hear what passeth betwixt us; it is not a time either for him to plot Heresie, or me to plot Treason. The Lieutenant answered, that he was limited, and therefore desired his Lordship, that he would peti∣tion the Parliament for that favour: No, (said he) I have gotten my dis∣patch from them, and will trouble them no more; I am now petitioning an Higher Court, where neither Partiality can be expected, nor Error feared. But my Lord, said he, (turning to the Primate of Ireland then present) what I should have spoken to my Lords Grace of Canterbury, is this, You shall desire the Archbishop to lend me His Prayers this night, and to give me his Blessing when I go abroad to morrow, and to be in his Window, that by my last farewel, I may give him thanks for this, and all other his former Favours.

My Lord Primate having delivered the Message without delay, the Archbishop replyed, That in Conscience he was bound for the First, and in Duty and Obligation to the Second; but he feared his Weakness and Passion would not lend him Eyes to behold his last departure.

The next morning at his coming forth, he drew near to the Archbi∣shops Lodgings, and said to the Lieutenant, Though I do not see the Archbishop, give me leave I pray you to doe my last observance towards his Rooms: In the mean time, the Archbishop advertised of his approach, came out to the Window, then the Earl bowing himself to the ground, My Lord (said he) Your Prayers, and your Blessing; the Arch-Bishop lift up his Hands and bestowed both, but overcome with Grief, fell to the ground in Animi diliquio; the Earl proceeding a little further, bowed the Second time, saying, Farewel my Lord, God protect your Innocency.

The next is, When he was marching to the Scaffold, more like a Ge∣neral at the Head of an Army, as many of the spectators then said, to breath Victory, than like a Condemned man, to undergo the Sentence of death; The Lieutenant desired him to take Coach, for fear the people should rush in upon him and tear him in pieces; No (said he) Master Lieutenant, I dare look death in the Face, and I hope the People too; have you a care that I do dot escape, and I care not how I dye, whe∣ther by the hand of the Executioner, or the madness and fury of the peo∣ple, if that may give them better content, it is all one to me.

He left these Three Instructions for his Son in Writing.

FIrst, That he should continue still to be brought up under those Go∣vernors, to whom he had committed him, as being the best he could pick out of all those within his knowledge, and that he should not change them, unless they were weary of him; that he should rather want himself, than they should want any thing they could desire.

Secondly, If his Prince should call him to publique Service, he should carefully undertake it, to testify his obedience, and withal, to be faith∣ful

and sincereto his Master, though he should come to the same end that himself did.

Thirdly, That he foresaw that ruine was like to come upon the Reve∣nues of the Church, and that perhaps they might be shared amongst the Nobility and Gentry, but I charge you never to meddle with any of it, for the curse of God will follow all them that meddle with such a thing, that tends to the destruction of the most Apostolical Church upon Earth.

A brief Account of some Interlocutory passages in Parliament, in which my Lord of Strafford so discovered his Wit and Tem∣per, that the Court took particular notice of him.

IN the month of September, 1626. The King having special occasions, to be furnished with Money, suitable to the importance of his under∣takings, for the relief of the King of Denmark, His Majesty came to this Resolution: That the urgency of affairs not admitting the way of Parlia∣ment, the most speedy, equal, and convenient means were by a general Loan from the Subject, according as every man was Assessed in the Rolls of the last Subsidy.

Upon which Result, the King forthwith chose Commissioners for the Loan, and caused a Declaration to be published, wherein he alledged for this course of Supply, the Reasons set down at large in his late Declaration, touching the Dissolution of the Parliament 2^o Car. adding farther, That the urgency of the occasion would not give leave to the calling of a Par∣liament.

In the said year 1626. Sir Thomas Wentworth having a Privy Seal sent unto him about the Loan-money, and to advance the sum of 40 l. to the King, he (amongst other things in the County of York) refused to lend the same, as being a Demand contrary to the Right and Property of the Subject, to part with their Money, but by consent of Parliament.

The Non-Subscribers of high Rank, and Rate in most Counties, were bound over by Recognizance, to tender their appearance at the Council Table, and divers of them were committed to prison; but others also of Quality, were appointed to several Confinements, not in their own, but in remote Counties.

Sir Thomas Wentworth and Geo. Ratcliffe, Esq (afterwards Sir George) were sent by Messengers from the Council, and removed out of the Coun∣ty of York into the County of Kent, and there secured by Confinement, and during this Restraint and Confinement, a Parliament was called, which was to meet March 17. 3 Car. 1627.

In the month of Iuly, before the calling of this Parliament, the Lord Conway, Secretary of State, brought a Message from the King to Arch-bi∣shop Abbot, that it was His Majesties pleasure, he would withdraw from his Houses at Lambeth and Croydon, and go to Canterbury, and reside there.

What is my fault (said the Arch-Bishop) that brings this message of Re∣moval and Confinement upon me? Although (said the Secretary) I have no Commission to tell you, it is for a Book you would not Licence for the Kings Service; and afterwards the Arch-Bishop understood more par∣ticularly, that besides that, it was because Sir Thomas Wentworth made re∣sort to the Arch-Bishops House, at times of Dinner and Supper.

As for Sir Thomas Wentworth, he had good occasion to send unto me, and sometimes to see me, because we were joynt Executors to Sir George Savile, who married his Sister, and was my Pupil at Oxford, to which Son also, Sir Thomas Wentworth and I were Guardians, as may appear in the Court of Wards, and many things passed between us in that behalf; yet to my remembrance, I saw not this Gentleman but once these three quarters of a year last past, at which time he came to see his Brother-in-law the Lord Clifford, who was then with me at Dinner at Lambeth.

Saturday, March the 22th.

THe time of the House was spent in opening the Grievances, and State of the Kingdom, as Billeting of Soldiers, Benevolencies, and Pri∣vy Seals, and the imprisoning certain Gentlemen, who refused to lend upon that account, &c. Sir Francis Seymor spake first, and said,

THis is the great Council of the Kingdom, and here (if not here a∣lone) His Majesty may see, as in a true Glass, the State of the King∣dom, &c. We are called hither by His Majesties Writs, to give him faithful Council, such as may stand with His Honor; but this we must do without flattery, we are sent hither by the Commons to discharge the Trust reposed in us, by delivering up their just Grievances, and this we must do without fear: Let us not therefore be like the Cambyses Judges, who being demanded of their King, Whether it were not lawful for him to do what in it self was unlawful, they (rather to please the King than to discharge their own Consciences) Answered, That the Persian Kings might do what they listed, &c. Flattery tends to mischief, being fitter for reproof than imitation, and as Flattery, so Fear taketh away the Judgement; let us not then be possessed with Fear or Flattery, of cor∣ruptions the basest: For my own part, I shall shun both these, and speak my Conscience with as much Duty to His Majesty as any man, but not neg∣lecting the Publique, in which His Majesty and the Common-wealth have an interest: but how can we shew our Affections, whilst we retain our Fears? or how can we think of giving Subsidies, till we know whe∣ther we have any thing to give or no? For if His Majesty be perswa∣ded by any to take from His Subjects what He will, and where it pleas∣him, I would gladly know what we have to give?

After Sir Francis Seymor had ended his Speech, Sir Thomas Wentworth stood up and said,

THis Debate carrys a double Aspect, towards the Soverign and the Subject, though both be innocent, both are injured, and both to be cured: Surely in the greatest humility I speak it, these illegal ways are punishments and marks of indignation, the raising of Loans strength∣ened by Commission, with unheard of Instructions and Oaths; the Bil∣leting of Soldiers by the Lieutenants, and Deputy-Lieutenants, have been as they could have perswaded Christian Princes, yea, Worlds, that the right of Empires, had been to take away by strong Hands, and they have endeavour'd as far as possible for them to do it: This hath not been done by the King (under the pleasing shade of whose Crown, I hope we shall ever gather the Fruits of Justice) but by Projectors, who

have extended the Prerogative of the King, beyond the just Symetry, which maketh a sweet harmony of the whole: They have brought the Crown into greater want than ever, by anticipating the Revenues; and can the Shepherd be thus smitten, and the Sheep not scattered? They have introduced a Privy Council, ravishing at once the Spheres of all antient Government; imprisoning us without Bail or Bond; They have taken from us, (what shall I say indeed, what have they left us?) all means of supplying the King, and ingratiating our selves with him, taking up the root of all Propriety, which if it be not seasonably set again into the ground by His Majesties own Hands, we shall have instead of Beauty, Bald∣ness. To the making of those whole, I shall apply my self, and propound a remedy to all these Diseases: by one and the same thing have King and People been hurt, and by the same must they be cured; To vindi∣cate which, shall we propound new things? No, our antient vital Li∣berties by enforcing the antient Laws made by our Ancestors, by setting forth such a Character of them, as no Licentions Spirit shall dare to en∣ter upon them, will do the business; and shall we think this is a Way to break a Parliament? No, our desires are Modest and Just, I speak truly, both for the interest of King and People; if we enjoy not these, it will be impossible for to releive him.

Therefore let us never fear, they shall not be accepted by his good∣ness, wherefore I shall shortly descend to my Motions, consisting of four Parts, two of which have relation to our Persons, two to the propriety of Goods for our Persons; First, the Freedom of them from imploy∣ment abroad, contrary to the antient Customs: For our Goods, that no Levies be made, but by Parliaments. Secondly, No Billeting of Sol∣diers: It is most necessary, that these be resolved, that the Subject may be secured in both.

Monday, March 24.

SEcretary Cook renewed the Motion of Supply for His Majesty; yet so, that Grievances be taken into Consideration; We all think (said he) that both these goe hand in hand together: but let me put you in mind of that which concerns the King, let him have the Precedency of Honor, if not of Time; Let Heads of the Kings Supply be first propound∣ed: No King is more ready to hear the complaints of His Subjects; and withal, you know, no King is more sensible of all reproaches which touch his Honor: Would it not be fit to grant him this Honor to have the Pre∣cedency, this will have good Aspect abroad, it will prevent Divisions at home, &c.

The first sower of Seeds of Distractions amonst us, was an Agent from Spain (Gundemore) that did his Master great service here and at home; since that, we have other Ministers that have blown the fire; the Ambas∣sador of France, who told his Master at home, that he had wrought divi∣sions here between King and People, and he was rewarded; Whilst we sate here in Parliament, there was another intended Parliament within a mile of this place; this was discovered by Letters sent to Rome, and the place of their meeting is now changed; I desire the meanest judgement will consider what may follow in giving precedency to His Majesty; in so doing, we shall put from our selves many Imputations; This matter co∣ming to no resolution this day, Secretary Cook the next day tendred to the House certain Propositions from the King, touching Supply. viz.

Wednesday, March 26. 1628.

THe Propositions tendred the day before by Secretary Cook from His Majesty, were now Received and Read, but the Debate thereof * 25.6 was referred to another day: the Propositions were these, viz.

• 1. To furnish with Men and Victuals, Thirty Ships to guard the narrow Seas, and along the Coasts.
• 2. To set out 10 other Ships for the relief of the Town of Rochelle.
• 3. To set out 10 other Ships for the preservation of the Elbe, the Sound, and Baltick Sea, &c. * 25.7

Wednesday, April 2. 4. Car. 1.

The business of Confinement came into Debate in the House of Commons, whereupon Sir Francis Seymour spake to this effect.

That it is said, the greatest Grievance is want of Supply, but I hold it a greater Grievance, that His Majesty is brought into these necessitys, espe∣cially, considering the Supplys that of late have been given to the King, of two Subsidies in Parliament, besides Privy Seals; and that the late Loan, whereby Five Subsidies were forcedly, and unadvisedly taken; that it is not then what the Subjects do give, unless His Majesty do employ men of integrity and experience; otherwise, all that we give, will be as cast into a bottomless Bag.

Upon this occasion Sir Thomas Wentworth stood up and spake as fol∣loweth;

I Cannot forget that Duty I owe to my Countrey; unless we be se∣cured as to our Libertys we cannot give: I speak not this to make diversions, but to the end, that giving, I may give chearfully. As for the Propositions made to induce us to give, and to be considered of, I incline to decline them, and to look upon the State of our Countrey, whether it be fit to give or no. Are we come to an end for our Coun∣treys Libertys? have we entrenched on the right of the Deputy-Lieu∣tenants? are we secured for time future?

Whereupon Mr. Selden speaking also upon this occasion of the Confine∣ment of Sir Tho. Wentworth, &c. said,

THat though Confinement is different from Imprisonment, yet it is against the Law that any should be Confined to his House or else∣where. I know not what you can call a punishment, but here is some grounds of it, or mention thereof in Acts of Parliament, Books of Records, but for this Confinement I find none; Indeed Iews have been Confined in former times to certain places, as here in London to the Iewry, now called the Old Iewry, &c.

Hereupon Sir Tho. Wentworth spake briefly as to Sir Peter Heymans en∣forced Imployment beyond Seas; That if any man ows a man a displea∣sure, and shall procure him to be put into Forreign employment, it will be a matter of high Concern in the Effect. We know the Honor and Ju∣stice of the King, but we know not what his Ministers, or the mediation of Ambassadors may do, to hold their own wrath upon any man.

April 11. 4 Car. 1.

MR. Secretary Cook moved for expediting of Subsidys, and turning of the Votes into an Act (saying) We have Finally and Chear∣fully given the King Five Subsidies, but no time is appointed, and Subsi∣dy without time is no Subsidy, let us appoint a time.

To which Sir Dudly Diggs spake thus; We have (said he) freely con∣cluded our Libertys; we have offered Five Subsidys, His Majesty hath gi∣ven us Gracious Answers, and nothing is done that the King can take no∣tice of, &c.

Hereupon Sir Tho. Wentworth proposed a middle way, (viz.) That when we set down the time, be sure the Subjects Libertys go hand in hand together with the Kings Supply; then to resolve of the time, but not to report it to the House till we have a ground, and a Bill for our Liberties; This is the way to come off fairly, and prevent jealou∣sies; Hereupon the Committee of the whole House Resolved, That Grie∣vances and Supply goe hand in hand.

May 1. 4 Car.

MR. Secretary Cook delivered a Message from His Majesty, viz. To know whether the House would relye on His Royal Word or no, Declared to them by the Lord Keeper? which if they do, the King assured them it should be Royally performed.

Sir Robert Phillips of Somersetshire spake upon this occasion, and said; That if the words of Kings strike impressions in the Hearts of Subjects, to speak in a plain Language, said he, We are now come to the end of our journey, and the well disposing of an Answer to this Message, will give Happiness or Misery to this Kingdom; Let us set the Common-wealth of England before the Eyes of His Majesty, that we may justify to the world, that we have demeaned our selves, as dutiful Subjects to His Majesty.

Hereupon Sir Thomas Wentworth stood up and concluded the Debate, saying,

That never House of Parliament trusted more in the goodness of their King, for their own private, than the present; but we are ambitious, that His Majestys goodness may remain to Posterity, and we are ac∣countable to publique Trust, and therefore seeing there hath been a pub∣lique violation of the Laws by His Ministers, nothing will satisfy him but a publique Mends; and to our desire vindicate the Subjects Rights by Bill, is no more than is laid down in former Laws, with some mo∣dest provision for Restriction, Performance, and Execution; and this so

well agreed with the sense of the House; that they made it the subject of a Message to be delivered by the Speaker to His Majesty.

Whilst the Lords afterwards were in Debate of the Petition of Right, they were pleased at a Conference to propose to the Commons, this fol∣lowing addition to the Petition of Right, viz.

1. We present this our Humble Petition to Your Majesty, with the care, not only of preserving our own Liberties, but with due regard to leave intire the Sovereign Power, wherewith Your Majesty is trusted for the Protection, Safety, and Happiness of the People.

Upon this, Sir Edward Cook spake, saving, This is Magnum in Parvo, This is propounded to be a conclusion of our Petition; it is a matter of great weight, and to speak plainly, it will overthrow all our Petition, it trenches on all parts of it. Look into the Petition of former times, they never Petitioned, wherein there was a saving of the Kings Sovereignty; I know the Prerogative is part of the Law, but Sovereign Power is no Parliamentary word &c.

Sir Thomas Wentworth spake next, and said,

IF we do admit of this Addition, we shall leave the Subjects worse than we found them, and we shall have little thanks for our labour when we come home; let us leave all Power to His Majesty to punish Male∣factors, but these Laws are not acquainted with Sovereign Power, we desire no new thing, nor do we offer to trench upon His Majestys Prero∣gative, we may not recede from this Petition, neither in part or in whole; To add a saving is not safe, doubtful words may beget an ill constructi∣on, and the words are not only doubtful words, but words unknown to us, and never asked in one Act or Petition before.

2. Now he began to be more generally taken notice of by all men, and his Fame to spread abroad, where publique Affairs, and the Criticismes of the times were discoursed by the most refined Judgments; those who were infected with popularity, flattering themselves, that he was inclined to support their inclination, and would prove a Champion upon that ac∣count; but such discourse, as it endeared him to his Countrey, so it be∣got to him an interest in the bosom of his Prince, who, (having a discern∣ing Judgment of Men) quickly made his observation of Wentworth, that he was a person framed for great affairs, and fit to be near His Royal Per∣son and Councils.

About this time, in the heat of so general a report of him; Sir Richard Weston, then Lord High Treasurer after Earl of Portland, a person al∣so eminent for his acute and clear parts, coveted acquaintance with this Gentleman; and there not being wanting discreet Agents to accomplish what my Lord Treasurer desired, it was soon effected. After the first view a familiarity was begotten, and next a deep friendship. It happened, that in some Conferences, they touched upon the popular Humor (as they termed it) then appearing in the House of Commons, and the present ways they were in as tending to no good, he proposed the most rational and plausible mediations that could be, for the present juncture of affairs, in somuch, that his judgment in things was much valued and followed.

In some time after he was made Baron Wentworth, and had so gained His Majesties opinion, that he was also created Viscount Wentworth of

Wentworth-Woodhouse, made one of His Majestys Privy Council, Lord-Lieu∣tenant of the County of York, and Lord-President of the North; In this Trust he Governed himself with such skill, especially in those high con∣tested points then in consultation, that he pleased his Prince, and im∣proved His Majesties Revenue.

His frequent appearance at the Council-Board, quickly gave occasion to that Great Prelate Archbishop Laud (then Bishop of London) and himself, to discern one anothers parts, begetting a right understanding betwixt them, which grew into so inviolable a friendship, that nothing but the inevitable stroke of death could separate them, who, whilst they lived, constantly united their great Hearts and Understandings, for the advancing the Church, and the service of their Prince.

The Cedar was still growing, though perhaps, to the dislike of some Emulators, yet to the general satisfaction of all such as had ability enough to judge of his Parts.

His next advance was to be Lord-Deputy, and Chief Governor of Ireland: The affairs of that Realm being in much disorder by the temper of the Popish party there, who did not with moderation, make use of the Kings Clemency to them, in relaxation of the rigor of some penal Statutes.

He began with the Church, in the Reformation of his Kingdom, and first procured of the King, by the joynt mediation of the Archbishop, That all the Impropriations then in the Crown, would be restored to the Church in that Nation, though to some diminution of the Royal Reve∣nue, and advanced Learned men, whose Judgments were for Episcopacy.

He raised in Ireland Eight Regiments for the Kings service, each con∣sisting of 1000 men, in Ten Companies, besides Two more, which he in∣tended to be raised in the nearest part of Wales.

Before this Army already raised, was dispersed into their several quar∣ters, all which were in the Province of Ulster, near the Sea, in sight of Scotland, the Lord-Lieutenant returned into England by His Majesties Command, where an Army-Royal was Levied, in opposition to the Sco∣tish design, leaving an Honourable person Mr. Christopher Wandesford, Ma∣ster of the Rolls, Lord-Deputy; the Command of General of that Royal Army in England, was given to the Earl of Northumberland, then Lord-Admiral of England, upon whose sickness the Earl of Strafford was made Lieutenant-General, who having undertaken the Command of this Army, signified by Letter from Dublin to the Archbishop Laud, that he durst venture (upon peril of his Head) to drive the Scots out of England, but that he did not hold it proper, as the case then stood for him to advise that course; but if any of the Lords would advise the King to try his fortune in Battle, he doubted not of sending them home in more hast than they came; but this severity and indiscretion of his against that King∣dom when things were ripe, did much hasten his ruine and destruction, as may be seen by the following Impeachment.

The Charge of the Scotish Commissioners against Thomas Earl of Strafford.

IN our Declarations we have joyned with Canterbury, the Lord-Lieu∣tenant * 26.1 of Ireland, whose Malice hath set all his Wits and Power on work, to devise, and do mischief against our Kirk and Countrey. No other cause of his malice can we conceive, but, First his Pride, and Su∣percilious

disdain of the Kirk of Scotland, which in his opinion, declared by his Speeches, hath not in it almost any thing of a Kirk, although the Reformed Kirks, and many worthy Divines of England, have given am∣ple testimony to the Reformation of the Kirk of Scotland.

Secondly, Our open opposition against the dangerous Innovation of Re∣ligion intended and very far promoted in all His Majesties Dominions, of which he hath shewed himself in his own way, no less zealous than Can∣terbury himself, as may appear by advancing of his Chaplain, Dr. Bramhal, not only to the Bishoprick of Derry, but also to be Vicar-General of Ire∣land; a man prompted for exalting of Canterburian Popery, and Armi∣nianism, that thus himself might have the power of both Swords, against all that should maintain, the Reformation, by his bringing of Dr. Chappel, a man of the same Spirit, to the University of Dublin, for poysoning the Fountains, and corrupting the Seminarys of the Kirk.

Thirdly, When the Primate of Ireland did press a new ratification of the Articles of that Kirk in Parliament, for barring such Novations in Religion, he boldly menaced him with the burning by the hand of the Hangman, all of that Confession, although confirmed in former Parlia∣ments.

When he found that the Reformation began in Scotland did stand in his way, he left no means unassaied to rub disgrace upon us, and our Cause. The Pieces printed at Dublin, viz. Examen conjurationis Scotianae, the Ungirding of the Scotish Armor: and the Pamphlet, bearing the counter∣feit name of Lisimachus Nicanor, all three so full of Calumnies, Slanders, Scurril••ys against our Countrey, and Reformation, that the Jesuits in their greatest spite, could not have said more, yet not only the Authors were countenanced and rewarded by him, but the Books must bear his Name, as the great Patron both of the Work and Workman.

When the National Oath and Covenant warranted by our general As∣semblies, was approved by Parliament, in the Articles subscribed in the Kings Name, by His Majesties High Commissioner, and by the Lords of the Privy-Council, and commanded to be sworn by His Majesties Sub∣jects of all ranks, and particular, and plenary information was given un∣to the Lieutenant, by men of such quality, as he ought to have believed of the Loyalty of our hearts to the King, of the lawfulness of our pro∣ceedings, and innocency of our Covenant, and whole course, that he could have no excuse: yet his desperate malice made him to bend his Craft and Cruelty, his Fraud and Forces against us. For first, he did craftily call up to Dublin some of our Countreymen, both of the Nobility and Gen∣try, living in Ireland, shewing them that the King would conceive, and account them as Conspirers with the Scots in their rebellious courses, ex∣cept some remedy were provided; and for remedy, suggesting his own wicked invention, to present unto him, and his own wicked invention, to present unto him and his own wicked Council, a Petition, which he caus∣ed to be framed by the Bishop of Rapho, and was seen and corrected by himself, wherein they petitioned to have an Oath given them, containing a formal renunciation of the Scotish Covenant, and a deep assurance, ne∣never so much as to protest against any of His Majesties Commandments whatsoever.

No sooner was this Oath thus craftily contrived, but in all hast it is sent to such places of the Kingdom, where our Countreymen had resi∣dence;

and Men, Women, and all other persons above the years of Six∣teen, constrained either presently to take the Oath, and thereby renounce their National Covenant, as Seditious and Traiterous, or with violence and cruelty to be haled to the Jail, Fined above the value of their Estates, and to be kept close prisoners, and so far as we know, some are yet kept in prison, both Men and Women of good quality, for not renouncing that Oath which they had taken 40 years since, in the obedience to the King, who then lived. Besides, a cruelty ensued, which may paralel the pesecutions of the most unchristian time: for weak Women dragged to the Bench to take the Oath, dyed in the place both Mother and Child, hun∣dreds driven to hide themselves, till in the darkness of the night they might escape by Sea into Scotland, whether thousands of them did flye, being forced to leave Corn, Cattle, Houses, and all they possessed, to be a prey to their persecuting enemies, the Lieutenants Officers. And some Indicted and Declared guilty of High Treason, for no other guiltyness, but for subscribing our National Oath, which was not only impiety and injustice in it self, and an utter undoing of His Majestys Subjects, but was a weakening of the Scotch Plantation, to the prejudice of that Kingdom, and His Majesties Service, and was a high scandal against the Kings Ho∣nor, and intolerable abuse to His Majesties Trust and Authority, His Ma∣jesties Commission, which was procured by the Lieutenant, bearing no other penalty, than a certification of Noting the names of the refusers of the Oath.

But this his restless Rage, and insatiable Cruelty against our Religion and Countrey, could not rest here, nor be kept within the bounds of Ireland, but proceeded further, so that by this means a Parliament is cal∣led, and although by the Six Subsidies granted in Parliament not long be∣fore, and by the base means which himself and his Officers did use (as is contained in a late Remonstrance) that Land was extreamly impove∣rished, yet by his Speeches full of Oaths and Asseverations, that we were Traitors and Rebels, casting off all Monarchical Government, &c. He ex∣torted from them four new Subsidies, & indicta causa, before we were heard, procured that a War was undertaken, and Forces should be levied a∣gainst us, as a rebellious Nation, which was also intended to be an ex∣ample and precedent to the Parliament of England, for granting Subsidies, and sending a joynt Army for our utter ruine.

According to his appointment in Parliament, the Army was gathered, and brought down to the Coast, threatning a daily invasion of our Countrey, intending to make us a conquered Province, and to destroy our Religion, Liberties, and Laws, and thereby laying upon us, a neces∣sity of vast charges, to keep Forces on foot on the West Coast, to wait upon his coming.

And as the War was denounced, and Forces levied before we were heard; So before the denouncing of the War, our Ships and Goods on the Irish coast were taken, and the owners cast in prison, and some of them in Irons. Frigats were sent forth to scour our Coasts, by which they did take some, and burn others of our Barques.

Having thus incited the Kingdom of Ireland, and put his Forces in or∣der there against us, with all hast he cometh to England.

In his parting, at the giving up of the Sword, he openly avowed our utter ruine and desolation, in these or the like words, If I return to that Honourable Sword, I shall leave of the Scots neither root nor branch.

How soon he cometh to Court, as before he had done very evil Office against our Commissioners, clearing our proceedings before the point; So now he useth all means to stir up the King and Parliament against us, and to move them to a present War, according to the precedent, and example of his own making in the Parliament of Ireland. And finding that his hopes failed him, and his designs succeeded not that way, in his nimble∣ness he taketh another course, that the Parliament of England may be bro∣ken up, and despising their Wisdom and Authority, not only with great gladness accepteth, but useth all means that the conduct of the Army in the expedition against Scotland, may be put upon him; which accordingly he obtaineth as General Captain, with power to invade, kill, slay, and save at his discretion, and to make any one or more Deputies in his stead, to do, and execute all the Power and Authorities committed to him.

According to the largeness of his Commission, and Letters Patents of his devising, so were his deportments afterwards; for when the Scots, (ac∣cording to their Declarations sent before them) were coming in a peace∣able way, far from any intention to invade any of His Majesties Subjects, and still to supplicate His Majesty for a setled Peace, he gave order to his Officers to fight with them on the way, that the two Nations once en∣tred in Blood, whatsoever should be the success, he might escape Trial, and censure, and his bloody designs might be put in execution against his Majesties Subjects of both Kingdoms.

When the Kings Majesty was again enclined to hearken to our Petitions, and to compose our differences in a peaceable way, and the Peers of Eng∣land convened at York, had, as before, in their great wisdom and faithful∣ness, given unto His Majesty Counsels of Peace, yet this Firebrand still smoaketh, and in that Honourable Assembly, taketh upon him to breath out threatenings against us as Traitors, and enemies to Monarchical Go∣vernment; and threatened that we be sent home home again in our blood, and he will whip us out of England.

And as these were his Speeches in the time of the Treaty appoint∣ed by His Majesty at Rippon, that if it had been possible, it might have been broken up. So when a cessation of Arms was happily agreed upon there, yet he ceaseth not, but still his practises were for War; his under-Officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese, in the time of the Treaty at Rippon.

The Governor of Berwick and Carlisle can shew from whom they had their Warrants for their Acts of hostility, after the cessation was conclu∣ded. It may be tryed how it cometh to pass, that the Ports of Ireland are yet closed, our Countreymen for the Oath still kept in Prison, Traffique interrupted, and no other face of affairs, then if no cessation had been a∣greed upon.

We therefore desire, that your Lordships will represent to the Parlia∣ment, that this great Incendiary upon these and the like offences, not a∣gainst particular persons, but against Kingdoms and Nations, may be put to a Tryal, and from their known and renowned Justice, may have his de∣served punishment.

THis Noble Earl was in person of a tall stature, something inclining * 26.2 to stooping in his Shoulders, his Hair black and thick, which he wore short, his countenance of a grave well composed Symetry, and good Features, only in his Forehead he exprest more Severity than Affa∣bility, yet a very courteous Person.

And as he went from the Tower to the Scaffold, his Countenance was in a Mild posture, between dejection in contrition for Sin, and a high Courage, without perceiving the least affection of disguise in him.

He saluted the People as he walked on foot from the Tower to the Scaf∣fold, often putting off his Hat unto them, sometimes to the right, and sometimes to the left hand, being apparelled in a Black cloth Suit, ha∣ving White Gloves on his Hands.

And tho at this time there were gathered together on the great open place on Tower-Hill, where the Scaffold stood, a numerous croud of people, standing as thick as they could by one another, over all that great Hill; insomuch, as by the modest computation, they could not be esteemed to be less than 100000 people; yet as he went to the Scaffold, they uttered no reproachful or reflecting Language upon him.

He had Three Wives, the First the Lady Margaret Clifford, Sister to the Earl of Cumberland, who left no issue. The Second, the Lady Arabella Hollis, Sister to the Earl of Clare, who left him his only Son William, now Earl of Strafford, and Two Daughters. The Third Wife, was Daughter to Sir Francis Rhodes of Yorkshire, by whom he had one Daughter, an Infant at the time of his death.

On the First of December in the 17th year of the Kings Reign, by His Majesties Letters Patents, his Son William was restored to all his Fathers Dignities and Titles, and was made Knight of the most Noble Order of the Garter, having doubled his Paternal Glorys and his own, by marry∣ing the worthy Daughter of two incomparable Parents, Henrietta Maria, the Daughter of Iames Earl of Darby, and Charlotte, Daughter of Claude, Duke de Temoille and Charlotte of Nassaw, Daughter to William, Prince of Orange.

A brief Account of his Secretary Slingsby.

MR. Slingsby his Secretary, after the death of this Noble Lord, pre∣sently left the Kingdom, and was received beyond the Seas into the Queens favour, and by Her Majesty designed Secretary to the Prince of Wales (now Our Gracious Sovereign) but in his zeal to the Kings service, and to enable himself to attend Her Majesty upon Her Landing, he transported himself into Cleveland, where he had but a small Estate, but so much a bigger Interest, that in a very short time, he levied Eight hundred Foot, and Eighty Horse, with intention to make up a full Regiment, and Troop to wait upon the Queen.

He made his Quarters at Gisborough in Cleveland, but before the Foot were disciplined in the use of Arms, he was attacqued by Sir Hugh Cholm∣ley with 1500 Horse and Foot, and some Brass Drakes, Mr. Slingsby (who was wholly educated in Civil affairs, never in the active Military part) having timely notice of his Adversaries approach, thought not of any re∣treat, but addresses himself and party immediately, to draw out and fight the Enemy, notwithstanding the inequality in number. At his first charge Mr. Slingsby (having seasoned old Soldiers in his Troop, which he brought out of Holland) worsted their Horse, and had some pursuit and executi∣on, but being allarmed behind, by the noise of an engagement, be∣twixt the Bodys of Foot, found his Regiment totally dissipated, beyond all hopes of rallying; whereupon he employed his Courage upon the Ene∣mies Foot, in which Charge his Horse fell, and himself wounded with many Case-shot, and became prisoner.

The relation of Bloud moved Sir Hugh Cholmly to a generous regard and care of him, he was carried back to Gisborough, where (in order to the saving of his life) both his Legs were cut off above the knee, after which he lived three days.

The Lady Slingsby his disconsolate Mother, hastened from York (be∣twixt hopes of Life and fear of Death) to Gisborough, where she found the late hopes of her Family, and support of her age lying dead; and Sir Hugh was as much concerned as his Parent, for the loss of so accom∣plished a Gentleman.

His Body was carried to York, and there with very Honourable So∣lemnitys interred in the Cathedral-Church, after a Sermon preached by * 26.3 Dr. Bramhall, then Bishop of London-derry, and late Primate of Ireland, who had a large experience of him.

He was eldest Son of Sir Guilford Slingsby, of the Family of Screuen, and Red-House, in the County of York; his Fathers Estate did lye in Cleve∣land * 26.4 in the said County; he was Educated first at the University at St. Andrews in Scotland, and afterwards studied some years in the Univer∣sity of Oxford.

Sir Guilford his Father dying, the Earl of Strafford received this Gen∣tleman in his Retinue, among other young Gentlemen of Quality, upon his going first into Ireland, where his Deportment, after some time, made his Lord to promote him to be Secretary, and afterwards Lieutenant of the Ordinance, and Vice-Admiral of Munster. Lastly, his Lord made choice of him before all others, to stand by him, and manage all his Pa∣pers, during his Confinement and Trial; And immediately after the Bill of Attainder did pass both Houses, the Earl wrote this ensuing Letter unto him.

A Letter from the Earl of Strafford to his Secretary Guilford Slingsby, Esq after the passing of the Bill of Attainder, un∣der his own Hand.

I Would not, as the case now stands, for any thing, you should endanger your self, being a person in whom I shall put a great part of my future Trust; and therefore in any case absent your self for a time, yet so, as I may know where you are, and therefore send your man back, that I may know whither to direct any thing I have to impart to you, and that presently, and after that, let your man come as little about this place as may be: your going to the King is to no purpose, I am lost, my Body is theirs, but my Soul is Gods; there is little trust in man, God may yet (if it please him) deliver me, and as I shall (in the best way he shall enable me unto) prepare my self for him, so to him I submit all I have; the person you were last withal at Court, sent to move that business we resolved upon, which if rightly handled, might per∣chance doe something; but you know my opinion in all, and what my belief is in all these things; I should by any means advise you to absent your self, al∣beit never so innocent, as you are, till you see what becomes of me; if I live, there will be no danger for you to stay, but otherwise keep out of the way till I be forgotten, and then your return may be with safety. I mean indeed, to leave you one in Trust for my Children, and thank you for your readiness to look after it.

Time is precious, and mine I expect to be very short, and therefore no part of it to be lost. God direct and prosper you in all your ways; and remember there was a person whom you were content to call Master, that did very much value and esteem you, and carried to his death a great stock of his affection for you, as for all your services, so for this your care towards me all this time of my Tryal and Affliction; and however it be my misfortune to be decryed at present, yet in more equal times, my friends (I trust) shall not be asha∣med to mention the Love to their Children, for their Fathers sake.

Your Affectionate Friend, STRAFFORD.

The Reflections of King CHARLES the I. upon the Earl of Straffords Death.

I Looked upon my Lord of Strafford as a Gentleman, whose great abi∣lities might make a Prince rather afraid, than ashamed to imploy 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 ene∣mies: whereof he could not but contract good store, while moving in so high a sphear, and with so vigorous a Luster, he must needs (as the Sun) raise many envious exhalations, which condensed by a Popular odi∣um, were capable to cast a cloud upon the brightest merit and integrity.

Though I cannot in my judgment approve all he did, driven (it may be) by the necessities of times, and the temper of that people, more than led by his own disposition to any height and rigor of Actions: yet I could never be convinced of any such criminousness in him, as willing∣ly to expose his life to the stroke of Justice and Malice of his enemies.

I never met with a more unhappy conjuncture of affairs, than in the business of that unfortunate Earl; when between my own unsatisfiedness in Conscience, and a necessity (as some told me) of satisfying the im∣portunities of some people; I was perswaded by those, that I think wish∣ed me well, to chuse rather what was safe, than what seemed just: pre∣serring the outward peace of my Kingdoms with Men, before that inward exactness of Conscience before God.

And indeed, I am so far from excusing or denying that compliance on my part (for plenary consent it was not) to his destruction, whom in my judgment I thought not, by any clear Law guilty of death; that I ne∣ver did bear any touch of Conscience with greater regret: which, as a sign of my repentance, I have often with sorrow confessed, both to God and

Men, as an act of so sinful frailty, that it discovered more a fear of man, than of God, whose Name and Place on Earth no man is worthy to bear, who will avoid inconveniencies of State, by Acts of so high injustice, as no publique convenience can expiate or compensate.

I see it a bad exchange to wound a mans own conscience, thereby to salve State sores; to calm the storms of popular discontents, by stirring up a Tempest in a mans own bosom.

Nor hath Gods Justice failed in the event and sad consequences, to shew the world the fallacy of that Maxim, Better one man perish (though unjustly) than the people be displeased or destroyed.

For, in all likelyhood, I could never have suffered with my people, greater calamities (yet with greater comfort) had I vindicated Straffords innoncency, at least by denying to Sign that destructive Bill, according to that justice which my Conscience suggested to me, then I have done since I gratified some mens unthankful importunities with so cruel a fa∣vour; and I have observed, that those, who counsell'd me to Sign that Bill, have been so far from receiving the rewards of such ingratiatings with the people, that no men have been harassed and crushed more than they: he only hath been least vexed by them, who counselled me, not to consent against the Vote of my own Conscience; I hope God hath forgi∣ven me and them the sinful rashness of that business.

To which, being in my Soul so fully conscious, those Judgments God hath pleased to send upon me, are so much the more welcome, as a means (I hope) which his mercy hath sanctified so to me, as to make me repent of that unjust Act (for so it was to me) and for the future to teach me, that the best rule of policy is to preferr the doing of Justice before all enjoyments, and the peace of my Conscience, before the preservation of my Kingdoms.

Nor hath any thing more fortified my resolutions, against all those vi∣olent importunities, which since have sought to gain a like consent from me, to Acts, wherein my Conscience is unsatisfied, than the sharp touches I have had for what passed me, in my Lord of Straffords business.

Not that I resolved to have employed him in my affairs, against the advice of my Parliament; but I would not have had any hand in his death, of whose guiltlesness I was better assured, than any man living could be.

Nor were the crimes objected against him so clear, as after a long and fair hearing, to give convincing satisfaction to the major part of both Houses; especially that of the Lords, of whom scarce a third part were present, when the Bill passed that House: And for the House of Commons, many Gentlemen disposed enough to diminish my L^d. of Straffords Great∣ness and Power, yet unsatisfied of his Guilt in Law, durst not condemn him to dye: who for their integrity in their Votes, were, by posting their Names, exposed to the popular Calumny, Hatred, and Fury, which grew then so exorbitant in their clamors for Iustice, (That is, to have both my Self, and the Two Houses Vote, and do as they would have us) that many ('tis thought) were rather terrified to concur with the condemning party, than satisfied, that of right they ought so to do.

And that after Act, vacating the Authority of the precedent, for future imitation, sufficiently tells the world, that some remorse touched even his

most implacable enemies, as knowing he had very hard measure, and such as they would be very loath should be repeated to themselves.

This tenderness and regret I find in my Soul, for having had any hand (and that very unwillingly, God knows) in shedding one mans Bloud unjustly (though under the colour and formalities of Justice and pre∣tences of avoiding publique mischiefs) which may, I hope, be some Evi∣dence before God and Man, to all posterity, that I am far from bearing justly, the vast Load and Guilt of all that Blood which hath been shed in this unhappy War; which some Men will needs charge upon me, to ease their own Souls, who am, and ever shall be more afraid, to take away any mans Life unjustly, than to lose my own.

An ACT for Reversing the Earl of Strafford's Attainder.

WHereas Thomas late Earl of Strafford, was impeached of High-Treason, upon pretence of endeavouring to subvert the Fundamental Laws, and called to a publique and so∣lemn Arraignment, and Tryal before the Peers in Parliament, where he made a particular Defence to every Article objected against him; in∣somuch that the turbulent party then seeing no hopes to effect their un∣just Designs, by any ordinary way and method of proceedings, did at last resolve to attempt the Destruction and Attainder of the said Earl, by an Art of Parliament, to be therefore purposely made to condemn him up∣on accumulative Treason, none of the pretended crimes being Treason apart, and so could not be in the whole, if they had been proved, as they were not; and also adjudged him guilty of Constructive Treason (that is, of Levying War against the King) though it was only the Commanding an Order of the Council-Board in Ireland, to be execu∣ted by a Sergeant at Arms, and three or four Soldiers, which was the constant practice of the Deputies there for a long time: To the which end, they having first presented a Bill for this intent, to the House of Commons, and finding there more opposition than they expected, they caused a multitude of tumultuous persons to come down to Westminster, armed with Swords and Staves, and to fill both the Palace-yards, and all the approaches to both Houses of Parliament, with Fury and Cla∣mor, and to require Justice, speedy Justice against the Earl of Strafford; and having by those and other undue practices, obtained that Bill to pass the House of Commons, they caused the Names of those resolute Gentlemen, who in a Case of innocent Blood, had freely discharg∣ed their Consciences, being Fifty nine, to be posted up in several places about the Citys of London and Westminster, and stiled them Straffordians. and Enemies to their Countrey, hoping thereby to deliver them up to the fury of the People, whom they had endeavoured to incense against them, and then procured the said Bill to be sent up to the House of Peers, where it having some time rested under great deliberation; at

last, in a time, when a great part of the Peers were absent, by rea∣son of the tumults, and many of those who were present, protested a gainst it, the said Bill passed the House of Peers; and at length His Majesty, the late King CHARLES the I. of Glorious Memory, grant∣ed a Commission for giving His Royal Assent thereunto, which never∣theless was done by His said Majesty, with exceeding great sorrow then, and ever remembred by him with unexpressible grief of Heart, and out of His Majestys great Piety, he did publiquely express it, when His own Sacred Life was taken away by the most detestable Tray∣tors that ever were.

For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, That the Act Entituled, An Act for the Attainder of Thomas Earl of Strafford of High Treason, and all and every Clause and Article, and thing therein contained, being obtained as aforesaid, is now hereby Repealed, Revoked, and Reversed.

And to the end that Right be done to the memory of the deceased Earl of Strafford aforesaid; Be it further Enacted, That all Records and Proceedings of Parliament, relating to the said Attainder, be wholly Cancell'd, and taken off the File, or otherwise Defaced, and Oblitera∣ted, to the intent, the same may not be visible in after ages, or brought into example, to the prejudice of any person whatsoever.

Provided, That this Act shall not extend to the future questioning of any person or persons, however concerned in this business, or who had any hand in the tumults, or disorderly procuring the Act aforesaid, Any thing herein contained to the contrary thereof notwithstanding.

Notes

• * 1.1

  The Prisoner at the Barr.
• * 1.2

  Lord High Steward.
• * 1.3

  Lord High Steward.
• * 1.4

  E. of Strafford.
• * 1.5

  Lord High Steward.
• * 1.6

  Lord High Steward.
• * 1.7

  Mr. Pym.
• * 1.8

  Lord High Steward.
• * 1.9

  Mr. Pym.
• * 1.10

  E. of Strafford.
• * 1.11

  Lord High Steward.
• * 1.12

  Mr. Pym.
• * 1.13

  Lord High Steward.
• * 1.14

  E. of Strafford.
• * 1.15

  Mr. Maynard.
• * 1.16

  Lord High Steward.
• * 1.17

  Mr. Pym.
• * 1.18

  Mr. Maynard.
• * 1.19

  Lord Fligh Steward.
• * 1.20

  Mr. Pym.
• * 1.21

  Sir Io. Clotwor∣thy, a Witness.
• * 1.22

  The Question.
• * 1.23

  Sir Io. Clotwor∣thy.
• * 1.24

  Lord Ranulagh a Witness.
• * 1.25

  E. of Strafford.
• * 1.26

  Lo. Ranulagh.
• * 1.27

  L. Mountnorris a Witness.
• * 1.28

  Nicholas Barne∣well a Witness.
• * 1.29

  E. of Strafford.
• * 1.30

  Mr. Pym.
• * 1.31

  Mr. Egor a Witness.
• * 1.32

  E. of Strafford.
• * 1.33

  Mr. Glyn.
• * 1.34

  E. of Strafford.
• * 1.35

  Mr. Glyn.
• * 1.36

  Remonstrance.
• * 1.37

  E. of Strafford.
• * 1.38

  Manager.
• * 1.39

  E. of Strafford.
• * 1.40

  Mr. Glyn.
• * 1.41

  E. of Strafford.
• * 1.42

  Mr. Glyn.
• * 1.43

  Remonstrance.
• * 1.44

  Manager.
• * 1.45

  Witness.
• * 1.46

  E. of Strafford.
• * 1.47

  Manager.
• * 1.48

  Lord High Steward.
• * 1.49

  Witness.
• * 1.50

  Witness.
• * 1.51

  E. of Strafford.
• * 1.52

  Manager.
• * 1.53

  Witness.
• * 1.54

  E of Strafford.
• * 1.55

  Manager.
• * 1.56

  E. of Strafford.
• * 1.57

  Witness.
• * 1.58

  Manager.
• * 1.59

  Witness.
• * 1.60

  Manager.
• * 1.61

  E. of Strafford.
• * 1.62

  Manager.
• * 1.63

  E. of Strafford.
• * 1.64

  Manager.
• * 1.65

  E. of Strafford.
• * 1.66

  Manager.
• * 1.67

  E. of Strafford.
• * 1.68

  Manager.
• * 1.69

  Lord High Steward.
• * 1.70

  E. of Straffords Speech.
• * 1.71

  Lord High Steward.
• * 1.72

  E. of Strafford.
• * 1.73

  Manager.
• * 1.74

  E. of Strafford.
• * 1.75

  Witness.
• * 1.76

  Kings Warrant read.
• * 1.77

  E. of Strafford.
• * 1.78

  Manager.
• * 1.79

  E. of Strafford.
• * 1.80

  Billetting of Soldiers in Dublin.
• * 1.81

  Increase of Shipping.
• * 1.82

  Jurors Sen∣tence in the Star-Chamber.
• * 1.83

  Manager.
• * 1.84

  Lord High Steward.
• * 1.85

  Mr. Maynard Manager.
• * 1.86

  Article 1.
• * 1.87

  Manager.
• * 1.88

  Manager.
• * 1.89

  Witness.
• * 1.90

  Witness.
• * 1.91

  Witness.
• * 1.92

  Witness.
• * 1.93

  E. of Strafford.
• * 1.94

  Manager.
• * 1.95

  E. of Strafford.
• * 1.96

  Manager.
• * 1.97

  Lord High Steward.
• * 1.98

  Manager.
• * 1.99

  F. Thorpe a Witness.
• * 1.100

  Manager.
• * 1.101

  Witness.
• * 1.102

  E. of Strafford.
• * 1.103

  Manager.
• * 1.104

  Lord High Steward.
• * 1.105

  E. of Strafford.
• * 1.106

  Lord High Steward.
• * 1.107

  Manager.
• * 1.108

  F. Thorpe a Witness.
• * 1.109

  George Hawes a Witness.
• * 1.110

  E. of Strafford.
• * 1.111

  E. of Strafford.
• * 1.112

  E. of Strafford.
• * 1.113

  E. of Straffords Defence.
• * 1.114

  Manager.
• * 1.115

  E. of Strafford.
• * 1.116

  E. of Strafford.
• * 1.117

  The Managers Reply.
• * 1.118

  Article 2.
• * 1.119

  Manager.
• * 1.120

  Witness.
• * 1.121

  Sir Tho. Leyton a Witness.
• * 1.122

  Lord High Steward.
• * 1.123

  Tho. Harrison a Witness.
• * 1.124

  E. of Straffords Defence.
• * 1.125

  Witness.
• * 1.126

  E. of Strafford.
• * 1.127

  Manager.
• * 1.128

  Manager.
• * 1.129

  E. of Strafford.
• * 1.130

  Manager.
• * 1.131

  E. of Strafford.
• * 1.132

  Manager.
• * 1.133

  Lord Steward.
• * 1.134

  Managers Relpy.
• * 1.135

  E. of Strafford.
• * 1.136

  Manager.
• * 1.137

  Lord High Steward.
• * 1.138

  Sir David Fowles a Wit∣ness.
• * 1.139

  E. of Strafford.
• * 1.140

  Manager.
• * 1.141

  Article 3.
• * 1.142

  E. of Strafford.
• * 1.143

  Manager.
• * 1.144

  E. of Strafford.
• * 1.145

  Manager.
• * 1.146

  Manager.
• * 1.147

  E. of Strafford.
• * 1.148

  Manager.
• * 1.149

  E of Strafford.
• * 1.150

  E of Strafford.
• * 1.151

  Manager.
• * 1.152

  Robert Kenny∣day a Witness.
• * 1.153

  E. of Strafford.
• * 1.154

  Manager.
• * 1.155

  Lord Corke a Witness.
• * 1.156

  Manager.
• * 1.157

  Lord Gormin∣stone a Witness.
• * 1.158

  Lord Killmal∣lock a Witness.
• * 1.159

  Sir Pierce Cros∣by a Witness.
• * 1.160

  E. of Strafford.
• * 1.161

  Mr. Slingsby a Witness.
• * 1.162

  E. of Strafford.
• * 1.163

  Manager.
• * 1.164

  E. of Strafford.
• * 1.165

  Manager.
• * 1.166

  E. of Strafford.
• * 1.167

  Manager.
• * 1.168

  E. of Strafford.
• * 1.169

  Manager.
• * 1.170

  E. of Strafford.
• * 1.171

  E. of Strafford.
• * 1.172

  Manager.
• * 1.173

  Manager.
• * 1.174

  E. of Strafford.
• * 1.175

  Managers Relpy.
• * 1.176

  Managers Reply.
• * 1.177

  Mr. Fitzgarret a Witness.
• * 1.178

  E. of Strafford.
• * 1.179

  Lord Gormin∣stone a Witness.
• * 1.180

  Lord Killmal∣lock a Witness.
• * 1.181

  Manager.
• * 1.182

  Article 4.
• * 1.183

  Manager.
• * 1.184

  Lord Ranulagh a Witness.
• * 1.185

  E. of Strafford.
• * 1.186

  Witness.
• * 1.187

  E. of Stafford.
• * 1.188

  E. of Corke 2 Witness.
• * 1.189

  Iohn Waldron a Witness.
• * 1.190

  E. of Strafford.
• * 1.191

  Manager.
• * 1.192

  E. of Strafford.
• * 1.193

  Manager.
• * 1.194

  E. of Strafford.
• * 1.195

  Manager.
• * 1.196

  E. of Castleha∣ven a Witness.
• * 1.197

  Manager.
• * 1.198

  Lord High Steward.
• * 1.199

  Roger Lotts a Witness.
• * 1.200

  Manager.
• * 1.201

  E. of Strafford.
• * 1.202

  Article 5.
• * 1.203

  Manager.
• * 2.1

  Manager.
• * 2.2

  Lord Mountnor∣ris a Witness.
• * 2.3

  Witness.
• * 2.4

  Witness.
• * 2.5

  Witness.
• * 2.6

  Lord Dillom a Witness.
• * 2.7

  Lord Ranulagh a Witness.
• * 2.8

  Manager.
• * 2.9

  Earl of Cork a Witness.
• * 2.10

  William Casti∣gatt a Witness.
• * 2.11

  Lord Dillon a Witness.
• * 2.12

  Patrick Gough a Witness.
• * 2.13

  Lord Conway a Witness.
• * 2.14

  E. of Strafford's Defence.
• * 2.15

  Manager.
• * 2.16

  E. of Strafford.
• * 2.17

  Lord Willmott a Witness.
• * 2.18

  E. of Strafford.
• * 2.19

  E. of Strafford.
• * 2.20

  E. of Strafford.
• * 2.21

  Sir Robert Far∣rer a Witness.
• * 2.22

  E. of Strafford.
• * 2.23

  E. of Strafford.
• * 2.24

  Manager.
• * 2.25

  Manager.
• * 2.26

  Manager.
• * 2.27

  Earl of Ely a Witness.
• * 2.28

  Manager.
• * 2.29

  Manager.
• * 2.30

  Manager.
• * 2.31

  Article 6.
• * 2.32

  Manager.
• * 2.33

  Thomas Little a Witness.
• * 2.34

  E. of Strafford.
• * 2.35

  Lord Mount∣norris a Wit∣ness.
• * 2.36

  Mr. Anslow a Witness.
• * 2.37

  Manager.
• * 2.38

  E. of Strafford.
• * 2.39

  Manager.
• * 2.40

  E. of Strafford.
• * 2.41

  E. of Strafford.
• * 2.42

  E. of Strafford.
• * 2.43

  E. of Strafford.
• * 2.44

  Manager.
• * 2.45

  E. of Strafford.
• * 2.46

  E. of Strafford.
• * 2.47

  E. of Strafford.
• * 2.48

  E. of Strafford.
• * 2.49

  Manager.
• * 2.50

  E. of Corke a Witness.
• * 2.51

  Lord Ranulagh a Witness.
• * 2.52

  S. Adam Loftus a Witness.
• * 2.53

  Lord Mountnor∣ris a Witness.
• * 2.54

  Earl of Bath a Witness.
• * 2.55

  E. of Strafford.
• * 2.56

  Manager.
• * 3.1

  Manager.
• * 3.2

  Mr. Anslowe a Witness.
• * 3.3

  William Bret∣tergh a Witness.
• * 3.4

  Manager.
• * 3.5

  E. of Strafford.
• * 3.6

  Manager.
• * 3.7

  E. of Straffords Defence.
• * 3.8

  E. of Strafford.
• * 3.9

  Manager.
• * 3.10

  E. of Strafford.
• * 3.11

  Article 8.
• * 3.12

  Manager.
• * 3.13

  Manager.
• * 3.14

  E. of Strafford.
• * 3.15

  Manager.
• * 3.16

  Manager.
• * 3.17

  Mr. Hoy a Witness.
• * 3.18

  Thomas Hibbots a Witness.
• * 3.19

  Lord Mount∣norris a Wit∣ness.
• * 3.20

  Earl of Cork a Witness.
• * 3.21

  Manager.
• * 3.22

  Manager.
• * 3.23

  Manager.
• * 3.24

  Lord Corke a Witness.
• * 3.25

  Lord Primate a Witness.
• * 3.26

  Lord Renula a Witness.
• * 3.27

  Manager.
• * 3.28

  Lord Renula a Witness.
• * 3.29

  E. of Strafford.
• * 3.30

  Lord Dillon a Witness.
• * 3.31

  Sir Philip Manwareing a Witness.
• * 3.32

  The Managers Reply.
• * 3.33

  E. of Strafford.
• * 3.34

  E. of Strafford.
• * 3.35

  Article 9.
• * 3.36

  Sir Ia. Montgo∣mery a Witness.
• * 4.1

  Manager.
• * 4.2

  E. of Strafford.
• * 4.3

  Manager.
• * 4.4

  E. of Strafford.
• * 4.5

  Manager.
• * 4.6

  Article 10.
• * 4.7

  Lord Ranulagh a Witness.
• * 4.8

  Sir Iames Hey a Witness.
• * 4.9

  Robert Goodwyn a Witness.
• * 4.10

  Henry Brawd a Witness.
• * 4.11

  Robert Cogan a Witness.
• * 4.12

  Iohn Welsh a Witness.
• * 4.13

  Lord Renula a Witness.
• * 4.14

  Patrick Allen a Witness.
• * 4.15

  E. of Straffords Defence.
• * 4.16

  Lord Cottington a Witness.
• * 4.17

  E. of Strafford.
• * 4.18

  Lord Cottington a Witness.
• * 4.19

  E. of Strafford.
• * 4.20

  Lord Cotting∣ton a Witness.
• * 4.21

  Sir Arthur In∣gram a Witness.
• * 4.22

  E. of Strafford.
• * 4.23

  E. of Strafford.
• * 4.24

  Lord Dillon a Witness.
• * 4.25

  E. of Strafford.
• * 4.26

  Mr. Maynard's Reply.
• * 4.27

  Article XII. Charge.
• * 4.28

  Mr. Maynard.
• * 5.1

  Proclamation.
• * 6.1

  Proclamation.
• * 6.2

  Mr. Maynard.
• * 6.3

  Mr. Crosby. Witness.
• * 6.4

  Mr. Maynard.
• * 6.5

  Mr. Allen. Winness.
• * 6.6

  Mr. Welsh. Witness.
• * 6.7

  Mr. Gough. Witness.
• * 6.8

  Patrick Gough. Witness.
• * 6.9

  E. of Strafford.
• * 6.10

  Mr. Maynard.
• * 6.11

  Mr. Glyn.
• * 6.12

  Mr. Blunkett. Witness.
• * 6.13

  E. of Strafford.
• * 6.14

  Mr. Glyn.
• * 6.15

  Mr. Crosby.
• * 6.16

  Mr. Maynard.
• * 6.17

  Mr. Maynard.
• * 6.18

  Mr. Gibson.
• * 6.19

  Mr. Slings by.
• * 6.20

  E. of Strafford.
• * 6.21

  Lord Robert Dillon.
• * 6.22

  E. of Strafford.
• * 6.23

  Mr. Gibson.
• * 6.24

  Mr. Maynard
• * 6.25

  Mr. Gibson.
• * 6.26

  Article XIII. Charge.
• * 7.1

  Benjamin Croky, Witness.
• * 7.2

  Sir Iohn Clot∣worthy Wit∣ness.
• * 7.3

  E. of Strafford.
• * 7.4

  L. Rainalaugh.
• * 7.5

  Sir Iohn Clot∣worthy Wit∣ness.
• * 7.6

  L. Rainalaugh Witness.
• * 7.7

  Mr. Gough, Witness.
• * 7.8

  Mr. Firzgarret Witness.
• * 7.9

  Mr. Maynard.
• * 7.10

  Mr. Maynard.
• * 7.11

  Mr. Glyn.
• * 7.12

  Article XV. Charge.
• * 7.13

  Mr. Palmer.
• * 7.14

  Mr. Savill, Witness.
• * 7.15

  Mr. Glyn.
• * 7.16

  Mr. Savill.
• * 7.17

  Mr. Palmer.
• * 7.18

  Mr. Savill.
• * 7.19

  Mr. Maynard.
• * 7.20

  L. Strafford.
• * 7.21

  Mr. Palmer.
• * 7.22

  Mr. Pym.
• * 7.23

  Mr. Savill Witness.
• * 7.24

  Mr. Palmer.
• * 7.25

  L. Steward.
• * 7.26

  Mr. Palmer.
• * 7.27

  Mr. Savill.
• * 7.28

  Gough Wit∣ness.
• * 7.29

  Richard Welsh Witness.
• * 7.30

  Patrick Cleare. Witness.
• * 7.31

  Nicholas Ardah Witness.
• * 7.32

  Berne. Witness.
• * 7.33

  Mr. Palmer.
• * 7.34

  Mr. Maynard.
• * 7.35

  Mr. Kennedy.
• * 7.36

  Mr. Palmer.
• * 7.37

  Mr. Little Witness.
• * 7.38

  Mr. Palmer.
• * 7.39

  Mr. Maynard.
• * 7.40

  Lord Strafford
• * 7.41

  Lord Rana. laugh.
• * 7.42

  Mr. Palmer,
• * 7.43

  Mr. Palmer.
• * 7.44

  E. of Strafford
• * 7.45

  Defence.
• * 7.46

  Lord Dillon.
• * 7.47

  Mr. Palmer.
• * 7.48

  E. of Strafford.
• * 7.49

  Lord Dillon.
• * 7.50

  Tyrringham.
• * 7.51

  Conley, Witness.
• * 7.52

  Henry Dillon.
• * 7.53

  Tyrringham.
• * 7.54

  Ranailaugh.
• * 7.55

  Strafford.
• * 7.56

  Palmer.
• * 7.57

  E. of Strafford.
• * 7.58

  E. of Strafford.
• * 7.59

  Mr. Palmer.
• * 7.60

  Mr. Pym.
• * 7.61

  Mr. Palmer.
• * 7.62

  E. of Strafford.
• * 7.63

  Ardah Witness.
• * 7.64

  Savill, Witness.
• * 7.65

  Dillon. Witness.
• * 7.66

  E. of Strafford.
• * 7.67

  Mr. Palmer.
• * 7.68

  Reply.
• * 7.69

  Sir Arthur Tyrringham.
• * 7.70

  Article XVI Charge.
• * 7.71

  Iohn Loftus Witness.
• * 7.72

  Wade Witness.
• * 7.73

  Lorky Witness.
• * 7.74

  Richard Wade Witness.
• * 7.75

  Mr. Palmer.
• * 7.76

  Lord Roche Witness.
• * 7.77

  E. of Strafford.
• * 9.1

  Nash Wit∣ness
• * 9.2

  Parry Witness
• * 9.3

  E. of Strafford
• * 9.4

  Mr. Palmer, Af∣terwards His Majesties At∣torney-Gene∣ral.
• * 9.5

  Linch Wit∣ness.
• * 9.6

  Fitz-gerard Witness.
• * 9.7

  Mr. Palmer.
• * 9.8

  E. of Strafford.
• * 12.1

  E. of Strafford.
• * 12.2

  Mr. Riley, Witness.
• * 12.3

  Mr. Maynard.
• * 12.4

  Mr. Ralton.
• * 12.5

  E. of Strafford.
• * 12.6

  Mr. Gibson.
• * 12.7

  Dillon Wit. ness.
• * 12.8

  Mr. Maynard
• * 12.9

  Mr. Maynard.
• * 12.10

  E. of Strafford.
• * 12.11

  Mr. Wether inge.
• * 12.12

  Ralton.
• * 12.13

  E. of Strafford.
• * 12.14

  Slingsby Witness.
• * 12.15

  Little Wit∣ness.
• * 12.16

  E. of Strafford
• * 12.17

  Mr. Palmers Reply.
• * 12.18

  Mr. Palmer.
• * 12.19

  Torky Witness.
• * 12.20

  E. of Strafford.
• * 12.21

  E. of Strafford.
• * 12.22

  Richard Wade Witness.
• * 12.23

  Patrick Gough Witness.
• * 12.24

  Mr. Glyn.
• * 12.25

  Article XIX Charge.
• * 12.26

  Mr. Maynard.
• * 12.27

  Mr. Maxwel.
• * 12.28

  Mr. Whitlock.
• * 12.29

  Sir Iohn Clot∣worthy Wit∣ness.
• * 12.30

  Mr. Whitlock.
• * 12.31

  Mr. Salmon, Witness.
• * 12.32

  Iohn Loftus Witness.
• * 12.33

  Mr. Whitlock.
• * 12.34

  Defence.
• * 12.35

  E. of Strafford.
• * 12.36

  Robert Lord Dillon Witness
• * 12.37

  Manwaring.
• * 12.38

  Sir Adam Lof∣tus Witness.
• * 12.39

  Maynard.
• * 12.40

  Whitlock.
• * 12.41

  E. of Strafford.
• * 12.42

  Mr. Slingsby Witness.
• * 12.43

  Trueman Wit∣ness.
• * 13.1

  Little, Wit∣ness.
• * 13.2

  Ralton.
• * 13.3

  Sir Philip Manwaring Witness.
• * 13.4

  Robert Lord Dillon Wit∣ness.
• * 13.5

  Sir Adam Loftus Wit∣ness.
• * 13.6

  Sir Philip Manwaring. Witness.
• * 13.7

  Whitlock's. Reply.
• * 13.8

  Mr. Whitlock.
• * 13.9

  Mr. Maynard.
• * 13.10

  Stroud.
• * 13.11

  E. of Strafford.
• * 13.12

  Stroud.
• * 13.13

  E. of Strafford.
• * 13.14

  Article XX. Charge.
• * 13.15

  Article XXI. Charge.
• * 13.16

  Article XXII Charge.
• * 13.17

  Artic. XXIII Charge.
• * 13.18

  Art. XXIV. Charge.
• * 13.19

  L. High Stew∣ard.
• * 13.20

  Whitlock.
• * 13.21

  E. of Strafford.
• * 13.22

  Whitlock. Maynard.
• * 13.23

  L. H. Steward.
• * 13.24

  Mr. Whitlock.
• * 13.25

  E. of Strafford.
• * 13.26

  Mr. Maynard.
• * 13.27

  E. of Strafford.
• * 13.28

  Mr. Whitlock.
• * 13.29

  Mr. Glyn.
• * 13.30

  E. of Strafford.
• * 13.31

  Mr. Whitlock.
• * 13.32

  E. of Traquair
• * 13.33

  Mr. Whitlock.
• * 13.34

  E. of Traquair.
• * 13.35

  Mr. Palmer.
• * 13.36

  Mr. Maynard.
• * 13.37

  E. of Strafford.
• * 13.38

  E. of Traquair.
• * 13.39

  E. of Strafford.
• * 13.40

  L. Digby.
• * 13.41

  Mr. Glyn.
• * 13.42

  E. of Strafford
• * 13.43

  Mr. Glyn.
• * 13.44

  E. of Traquair.
• * 13.45

  Mr. Whitlock.
• * 13.46

  E. of Strafford.
• * 13.47

  Mr. Whitlock.
• * 13.48

  E. of Strafford.
• * 13.49

  Mr. Whitlock.
• * 13.50

  Mr. Glyn.
• * 13.51

  E. of Strafford.
• * 13.52

  Mr. Whitlock.
• * 13.53

  E. of Strafford.
• * 13.54

  L. H. Steward.
• * 13.55

  E. of Morton.
• * 13.56

  Mr. Whitlock.
• * 13.57

  Mr. Whitlock.
• * 13.58

  E. of Traquair. Witness.
• * 13.59

  Mr. Glyn.
• * 13.60

  Mr. Whitlock.
• * 13.61

  Sir Henry Vane Witness.
• * 13.62

  Mr. Whitlock.
• * 13.63

  E. of Strafford.
• * 13.64

  Mr. Whitlock.
• * 13.65

  E. of Northum∣berland. Witness.
• * 13.66

  Bish. of London Witness.
• * 13.67

  Mr. Barnewell Witness.
• * 13.68

  Mr. Whitlock.
• * 13.69

  Archbishop of Armagh Wit∣ness.
• * 13.70

  L. Conway Witness.
• * 13.71

  Sir Henry Vane Witness.
• * 13.72

  Mr. Whitlock.
• * 13.73

  Sir Ro. King. Witness.
• * 13.74

  L. Ranalaugh Witness.
• * 13.75

  L. Ranalaugh Witness.
• * 13.76

  Mr. Whitlock.
• * 13.77

  Mr. Maynard.
• * 13.78

  Sir Thomas Barrington Witness.
• * 13.79

  King Witness
• * 13.80

  Ranalaugh Witness.
• * 13.81

  Mr. Whitlock.
• * 13.82

  Sir Tho. Ger∣man, Witness-
• * 13.83

  E. of Bristol Witness.
• * 13.84

  E. of Holland Witness.
• * 13.85

  Mr. Whitlock.
• * 13.86

  Sir Henry Vane Witness.
• * 13.87

  Mr. Whitlock.
• * 13.88

  E. of Clare.
• * 13.89

  L. H. Steward.
• * 13.90

  Mr. Maynard.
• * 13.91

  Mr. Whitlock.
• * 13.92

  E. of Strafford.
• * 13.93

  Mr. Glyn.
• * 13.94

  E. of Strafford.
• * 13.95

  Slingsby, Wit∣ness.
• * 13.96

  E. of Strafford.
• * 13.97

  Marquis Ha∣milton Wit∣ness.
• * 13.98

  Mr. Slingsby, Witness.
• * 13.99

  Sir George Wentworth. Mr. Maynard.
• * 13.100

  E. of Strafford.
• * 13.101

  L. Treasurer Witness.
• * 13.102

  Mr. Maynard.
• * 13.103

  L. Treasurer Witness.
• * 13.104

  L. Cottington.
• * 13.105

  Mr. Maynard
• * 13.106

  L. Cottington.
• * 13.107

  Mr. Maynard.
• * 13.108

  L. Cottington.
• * 13.109

  Marq. Hamil∣ton, Witness.
• * 13.110

  E. of Strafford.
• * 13.111

  M. Hamilton.
• * 13.112

  L. Goring Witness.
• * 13.113

  Mr. German, Witness.
• * 13.114

  Mr. Glyn.
• * 13.115

  L. Treasurer.
• * 13.116

  L. Cottington.
• * 13.117

  E. of Strafford
• * 13.118

  Mr. Whitlock's Reply.
• * 13.119

  L. Conway.
• * 13.120

  Mr. Maynard.
• * 13.121

  Mr. Maynard.
• * 13.122

  Mr. Glynn.
• * 13.123

  L. Cottington.
• * 13.124

  Mr. Glynn.
• * 13.125

  Mr. Pym.
• * 13.126

  Artic. XXV. Charge.
• * 13.127

  Mr. Maynard.
• * 13.128

  L. Treasurer.
• * 13.129

  Tho. Wiseman Witness.
• * 13.130

  Tho. Wiseman, Witness.
• * 13.131

  E. of Berk∣shire.
• * 13.132

  Garaway, Lord Mayor of Lon∣don.
• * 13.133

  E. of Strafford.
• * 13.134

  Garaway.
• * 13.135

  Defence of the E. of Strafford.
• * 13.136

  Mr. Glyn.
• * 13.137

  Art. XXVI. Charge.
• * 13.138

  Robert Ed∣wards, Witness.
• * 13.139

  Palmer Wit∣ness.
• * 13.140

  Mr. Maynard.
• * 13.141

  Mr. Maynard.
• * 13.142

  Mr. Henley, Witness.
• * 13.143

  E. of Straffords Defence.
• * 13.144

  I. Cottington Witness.
• * 13.145

  Mr. Maynard.
• * 13.146

  Mr. Maynards Reply.
• * 13.147

  Mr. Whitlock.
• * 13.148

  Mr. Strowd.
• * 13.149

  Garaway Witness.
• * 13.150

  Mr. Glyn.
• * 13.151

  Mr. Strowde.
• * 13.152

  Art. XXVII. Charge.
• * 13.153

  Mr. Maynard.
• * 14.1

  Sir Hugh Cholmeley Witness.
• * 14.2

  Sir Henry Cholmley Witness.
• * 14.3

  Hotham Witness.
• * 14.4

  Stapleton Witness,
• * 14.5

  L. Wharton Witness.
• * 14.6

  Pennyman 〈◊〉〈◊〉
• * 14.7

  Mr. Maynard.
• * 15.1

  Griffin, Witness.
• * 15.2

  Lord Clare.
• * 15.3

  Mr. Glyn.
• * 15.4

  Mr. Strickland, Witness.
• * 15.5

  Burroughes Witness.
• * 15.6

  Cholmeley Witness.
• * 15.7

  Dowsen, Witness.
• * 15.8

  Pierson Witness.
• * 15.9

  Ingram, Witness.
• * 15.10

  Griffin, Witness.
• * 15.11

  Cholmley, Witness.
• * 15.12

  Mr. Maynard
• * 15.13

  E. of Straffords Defence.
• * 15.14

  Neale. Witness.
• * 15.15

  Osborne, Witness.
• * 15.16

  Mr. Maynard.
• * 15.17

  Pennyman. Witness.
• * 15.18

  E. of Strafford
• * 15.19

  L. Wharton.
• * 15.20

  L. Wharton.
• * 15.21

  Pennyman Witness.
• * 15.22

  Mr. Maynard.
• * 15.23

  Mr. Glynn.
• * 15.24

  Mr. Maynard.
• * 15.25

  E. Strafford.
• * 15.26

  Pennyman Witness.
• * 15.27

  Savill Wit∣ness.
• * 15.28

  Pennyman Witness.
• * 15.29

  Osborne Witness.
• * 15.30

  Savill Wit∣ness.
• * 15.31

  Rhodes Wit∣ness.
• * 15.32

  Danby Witness
• * 15.33

  Mr. Maynard.
• * 15.34

  Wentworth, Witness.
• * 15.35

  E. of Strafford
• * 15.36

  Strickland, Witness.
• * 15.37

  Edw. Osborne.
• * 15.38

  Wil. Pennyman,
• * 15.39

  E. of Strafford.
• * 15.40

  Mr. Maynard.
• * 15.41

  Cholmeley Witness.
• * 15.42

  E. of Strafford.
• * 15.43

  Mr. Glyn.
• * 15.44

  Mr. Whitlock.
• * 15.45

  E. of Strafford.
• * 15.46

  Mr. Whitlock.
• * 15.47

  Mr. Maynard.
• * 15.48

  Mr. Glyn.
• * 16.1

  Mr. Maynard.
• * 16.2

  Mr. Glyn.
• * 16.3

  Object.
• * 16.4

  Answ.
• * 16.5

  Object.
• * 16.6

  Answ.
• * 16.7

  Owen's Case of Sandwich in Kent.
• * 17.1

  The House of Commons Adjourned upon this Speech of the Kings, in some dissatisfacti∣on.
• * 17.2

  May the 3. the Commons having a Plot discovered, fall into the Debate there∣of.
• * 17.3

  And the same day Resolve upon a Pro∣testation.
• * 18.1

  The Preamble to the Prote∣station.
• * 18.2

  The Com∣mons send a Message to the Lords, con∣cerning the Plot.
• * 18.3

  And desire a Select Com∣mittee to take Exami∣nations upon Oath. And that no Servant of the King or Queens Maje∣sty, departs the Kingdom till they be ex∣amined. And sent a Letter to the Army, to as∣sure them of the Parlia∣ments care of them. The Com∣mons past se∣veral Re∣solves.
• * 18.4

  These Re∣solves and the Protestation commuicated to the Lords.
• * 18.5

  Mr. Hollis his Speech in a Message to the Lords about the Plot.
• * 18.6

  Multitudes of people flock to Westminster crying Iustice, Iustice, &c.
• * 18.7

  The people assemble again in multitudes, which the Lords commu∣nicate to the Commons at a Conference.
• * 18.8

  And commu∣nicates the Petition of the multitude, as followeth.
• * 18.9

  Desiring Ju∣stice and Exe∣cution upon the Earl of Strafford. To be secu∣red against Plots. And against a Garrison new∣ly put into the Tower. To make way forth Earl of Straffords e∣scape.
• * 18.10

  The Lords send Six Peers to the Tower, to inquire of this business. The Lieute∣nant said, he had His Maje∣sties Com∣mand to re∣ceive 100 men
• * 18.11

  The Lords at the Confe∣rence decla∣red, That the Tumults hin∣dred their proceeding upon the Bill of Attainder. The Lords took the Pro∣testation.
• * 18.12

  And the mul∣titudes de∣parted.
• * 18.13

  A Bill for the continuance of the pre∣sent Parlia∣ment, twice read.
• * 19.1

  The Earl of Straffords Let∣ter to the King.
• * 19.2

  A great Hub∣bub in the City.
• * 19.3

  Conspirators fled.
• * 19.4

  The Queen desigas to goe to Portsmouth.
• * 19.5

  Proclamation to call in the Conspirators.
• * 19.6

  A Letter to prevent the design to en∣gage the Ar∣my against the Parlia∣ment. sent to Sir Iacob Ashly, and Sir Iohn Conyers.
• * 19.7

  The Plot con∣sisted of thre heads.
• * 19.8

  Capt. Bilings∣ly his Exami∣nation, that he had Orders to get 100 men into the Tow∣er.
• * 19.9

  The Earl ex∣postulates a∣bout his e∣scape.
• * 19.10

  Examination of three Wit∣nesses more, as as to the Earls escape.
• * 19.11

  Col: Gorings examination about the Plot.
• * 20.1

  Mr. Peircy his better against the Plot.
• * 21.1

  Father Philips his Letter a∣gainst the Par∣liament.
• * 21.2

  Earl of Holland General of the Army.
• * 21.3

  Father Philips to be sent for.
• * 21.4

  He appears
• * 22.1

  Several Votes against Ar. Peircy about the Plot.
• * 22.2

  Barkley and O-Neal are fled. Mr. Peircy charged with High Treason.
• * 22.3

  A Vote to vindicate Col. Goring.
• * 22.4

  Bill of Attain∣der, and for continuance of the Parlia∣ment, passed Message to the Lords to move the King for His Consent to pass the Bill of Attainder.
• * 22.5

  To Press Ma∣riners.
• * 22.6

  The King, Judges, and Bishops con∣sult about Strafford. The King gives Warrant for a Com∣mission to give His Assent to the Bill for ex∣ecution of the Earl of Straf∣ford. The Royal Assent given this day, and the Bill passed.
• * 22.7

  The King con∣sents that the Irish Army should be in∣stantly disban∣ded. Thanks re∣turned to His Majesty.
• * 23.1

  The Earl of Strafford's Pe∣tition to the House of Peers.
• * 24.1

  The Bill of Attainder.
• * 24.2

  This Proviso hath occasion∣ed the com∣mon discourse and opinion that this Judg∣ment against the Earl was Enacted never to be drawn into President.
• * 25.1

  The Kings Let∣ter on behalf of the Earl of Strafford.
• * 25.2

  Twelve Lords sent to the King.
• * 25.3

  QueenMother
• * 25.4

  The Earl of Strafford brought to the Scaffold.
• * 25.5

  His Speech.
• * 25.6

  His Majestys Propositions tothe House of Commons touching Sup∣ply.
• * 25.7

  See page in the First Part of Histo∣rical Collecti∣ons.
• * 26.1

  The Charge of the Scotch Commission∣ers presented to the Parlia∣ment.
• * 26.2

  The descripti∣on of his Per∣son and Fami∣ly.
• * 26.3

  Mr. Slingsby's Interment.
• * 26.4

  His Extraction and Educati∣on.