THE House for the appearance of the Lord Lieu­tenant, was the great Hall in Westminster, where there was a Throne erected for the King, on each side whereof a Cabinet, inclosed about with boards, and before with a Tarras: Before that were the seats for the Lords of the upper House, and sacks of wooll for the Judges, before them ten stages of seates, extending farther then the midst of the Hall, for the Gentlemen of the House of Commons: At the end of all was a Deske, closed about and set apart for the Lord Lieute­nant and his Councell,

On Monday morning about seven of the clock, he came from Monday. the Tower, accompanied with six Barges, wherein were one hun­dred souldiers of the Tower, all with Partizans for his guard, and fifty payre of Oares: At his landing at Westminster, there he was attended with two hundred of the trayned-Band, and went in, guarded by them into the Hall: The entries at White-Hall, [Page 2] King-streete and Westminster, were guarded by the Con­stables and watch-men, from foure of the clock in the morning, to keepe away all base and idle persons.

The King, Queene and Prince, came to the House about nine of the clock, but kept themselves private within their Closets, on­ly the Prince came out once or twice to the cloth of State; so that the King saw and heard all that passed, but was seen of none; Some give the reason of this from the received practise of Eng­land, in such Cases: Others say, that the Lords did intreate the King, eyther to be absent, or to be there privately, lest pretenti­ons might be made hereafter, that his being there was eyther to threaten, or some otherwaies to interrupt the course of Justice: A third sort, That the King was not willing to be accessary to the Processe, till it came to his Part, but rather chose to bee present, that he might note and understand what Violence, Rigour, or Injustice happened: When the Lieutenant entred the Hall, the Porter of the Hall (whose office it is) asked Master Maxwell whether the Axe should bee carried before him or noe, who did answere that the King had expresly forbidden it, nor was it the custome of England to use that Ceremony, but only when the Party accused was to bee put upon his Jury, Those of the upper House did sit with their heads covered, those of the lower House uncovered: The Bishops upon the Saterday before, did volun­tarily decline the giving of their Suffrages in matters Criminall, and of that nature, according to the provision of the Cannon-Law, and practise of the Kingdome to this day, and therefore would not be present: yet withall they gave in a Protestation that their absence should not prejudice them of that or any other priviledge competent to them, as the Lords Spirituall in Parlia­ment, which was accepted.

The Earle of Arundell, as Lord high-Steward of England, sat apart by himselfe, and at the Lieutenants entrie commanded the House to proceede: Master Pym being speaker of the Commit­tee for his accusation, gave in the same Articles which were pre­sented at his last being before the upper House, which being read, his Replyes were subjoyned and read also, the very same which were presented before in the upper House: Some give the rea­son of this, because the lower House had not heard those Accusa­tions in pulique before: others, that the formality of the Pro­cesse [Page 3] required no lesse, however that day was spent in that e­xercise.

The Queene went from the House about eleven of the clock, The King and Prince stayed till the meeting was dissolved, which was after two: The Lieutenant was sent to the Tower by his Guard, and appointed to recurne upon Tuesday at nine of the clock in the morning. The crowd of people was neither great nor troublesome, all of them saluted him, and hee them, with great humility and courtesie, both at his entrance and at his re­turne, therefore let fame pretend what it please about the malice and discontent of the multitude, That if he passe the stroake of Justice they will teare h [...]m in p [...]eces, yet I see there is more in Ru­mor then in Sight and appearance, and in this Report, as in all others of this nature, more is thrust upon the vulgar (who seeme as well fearefull of punishment, as exempt from it, for all their great number) then they doe justly deserve.

On Tuesday in the morning hee came accompanied, as before, to Westminster; and having stayed in the Exchequer Chamber Tuesday. till nine of the clock, the King, Queene and Prince came, as be­fore upon the first day.

Then Master Pym, being called for, aggravated the Charge Pyms first Charge. which was given the day before, by a very ample Speech: It is impossible to call to minde all the Hyperbolees, the Flashes and superlative Expressions that hee used, the maine points were: That it was a Treason farre beyond the reach of words, that hee the Lieutenant, a native Subject and a Peere of England, the prime Governour of Ireland, the Commander of his Majesties Forces, and a Protestant in Religion should have in such an im­pious and grosse manner, recompenced his Majesties favours, a­bused his goodnesse, and drawne all his Dominions into hazard and perill of their Religion, Lives, Goods and Priviledges: That one of these faults alone had beene enough and too much for the fullfilling of the exorbitancy and wickednesse of any one man, And that no punishment could be thought upon sufficient to ex­piat crimes of such a transcendent nature.

The Lieutenant with no lesse moderation and wisdome, then the other with heate and passion, spake to his owne defence, and that with such a measure of Eloquence and Lively-hood, that his very Enemies were affected with it and doe mervailously report of it.

Hee modestly recounted his services done to the King and Crowne of England, his endavours for advancement as well The Lieu­tenants Answere. of the Honour as Commodity of both Kingdomes in generall, but in particular that of Ireland; How he had engreatned and advanced the Kings Revenues there, Restored the Chur­ches maintenance, Suppressed the Out-lawes, established obe­dience to Royall authority, and impedited the Tyranny and Usurpation of greater ones over the Commons, And for the effecting of all these Actions, hee mentioned himselfe the most weake and meanest Instrument, with a wonderfull Prudence, in a middle way, betwixt the affectation of basenesse, or deje­ctednesse, and Allejance.

Master Pym, after the close of his Speech, told him that there were three new Articles adjoyned (by an after search) to his Three new Articles. Charge, and desired that he might presently Reply to the same.

Whereunto the Lieutenant answered. It was very strange, that after the close of the Processe, and when matters were come to bee scan'd, and examined by proofe, that any new Charge should bee given in; Yet lest he should seeme to de­cline the maintenance of his owne Innocency, and the just de­fence of his Honour, hee was most willing to heare them and have them alleaged, provided that a convenient time might be assigned him to make his Replies against them, as he had done to the other given in before.

But Master Pym excepted against this, and told him that the House did conceive it to be dangerous to grant any farther Pro­rogation.

Upon this the Lords of the upper House (who did not think it fit as yet to voyce any particular in the audience of the House of Commons) did retire themselves, and after a pretty time of stay, they returned and declared, That they had found the Lieute­nants suit to be equitable in desiring of further time for answe­ring; yet seeing the Articles themselves, neither for number nor weight, seemed to bee of that importance, but that he might fur­nish out a present Answere, they thought it fitting to grant no delay.

The Lieutenant then (intreating them to passe by and pardon the weakenesses of his extemporary Answeres) de­sired to hear [...] the Articles read which were these.

First, That hee had within these two yeeres with­drawne forty thousand pound sterling, from the Exchequer in Ireland, and imployed it to his owne private vses.

Secondly, That in the beginning of his Govern­ment, the Garrisons in Ireland had been maintai­ned by the English Treasury.

Thirdly, That hee had advanced Popish and Infa­mous persons, as the Bishop of Waterford and others, to the prime Roomes in the Church of Ireland.

To the first hee answered, That thirty thousand pounds were set apart for the Kings late service, at his owne most spe­ciall and most peremptory Commands, for which he produced the Kings owne Letter, already approved as his Acquittance at the Exchequer boord in Ireland.

To the second, That at the beginning of that Charge a­gainst him, as ever before his time, the Garrisons had beene burthensome to the Kingdome of England, but that he had so improved it, and setled the Kings Revenue there, that the like is not to be heard in all the times that are by past; For which if the best endeavors of a Subject may justly expect any reward from his King and Country) hee craved leave to thinke that hee rather deserved many thanks, then the least pu­nishment.

To the third, Hee attested all the Clergy in Ireland, if ever he had taken upon him any particular medling in advancing their Church-men, or whether he had done any thing concer­ning such affaires, but upon the speciall advise and desire of the best and wisest of their number: For his part, when hee be­friended the Bishop of Whaterford, hee conceived of him, as a man of Integrity and Learning, fit for such an imploy­ment; nor was there then the least suspition of those mon­strous [Page 6] impieties, wherewith he was afterwards Charged. That he had now justly suffered for the same, and that hee hoped they would not lay a necessity upon him to Prophecy and Di­vine of the future Conditions and Deportments of men: For others of the Church, suspected of Popery, hee knew none such, but should answere to the Particulars so far as they con­cernd him, when they should happen to be alleaged.

After this the House dissolved for that night, the kings Maje­sty and the Prince having stayed all the time, and the Lord Lieu­tenant was appointed to come thither againe on Wednesday morning, at which time they are to proceede to the first Article, to give an Oath to the witnesses, and to examine all the Proofes whereon the Processe was builded.

To this the noble Lord Replyed, That he wished his Inno­nocence might not be taken for Impudence, That hee hoped shortly to cleere himselfe of all those foule aspersions which his malicious Enemies had cast upon him, And hee was very confident that he should give the honorable Houses full satis­faction concerning his life hitherto, and thought of nothing more hereafter then to retyre himselfe from all publique im­ployments.

Master Pym gave at this a great shout, and desired the House to take notice what an injury he had done to the hnnourable House of Commons, in calling them his malicious Enemies.

Whereupon the Lieutenant falling down upon his knees, humbly besought them that they would not mistake him, and withall gave a large Panaegyrique of their most just and moderate proceedings, protesting that if hee himselfe had been one of the house of Commons (as hee had the honour once to be) he would not have advised them to have done otherwise against his deerest friend: But withall told them that hee might justly say he had his owne un-friends, which hee hoped in time to make known; nor did hee all this time speake one bitter word against Master Pym, though justly incensed, which hath infinitely advanced his Reputation.

Master Glyn, after a large flourish, on Wednesday, told the Wednesday Lords, That the Lord Strafford was impeached not with simple, but accumulative Treason; For, though in each particular Article, Glyns Cha [...]ge. such a monstrous Crime could not be deprehended, yet when all was conceived in the Masse, and under one view, hee should be undoubtedly found the most wicked and exorbitant Traytor that ever was arraigned at that Barre, Hee added that his Charge was for intending to subvert and change the fundamentall Lawes, Li­berties, and Priviledges of both the Kingdomes, and to introduce an Arbitrary and Tyrannicall forme of Government. This, hee said, could not appeare but by the fruits, which were eyther in Expression or Action, The Expressions were foure.

First, That before severall witnesses hee had said at Yorke, That Expres. the Kings little finger should be heavier, to them, then the Loynes of the Laws.

To this the Lieutenant replyed, That having spoken suffici­ently before to his justification in generall, hee would moreo­ver add these few words, by their Favours: That it did strike him to the heart to be attached of such a wicked Crime, by such honorable Persons, yea that it wounded him deeper, in regard that such Persons who were the Companions of his youth, and with whom he had spent the best of his dayes, should now rise up in judgement against him, yet hee thanked God for it, it was not guilt but griefe, that so much troubled him, He added That it was a wonder how he had gotten strength sufficient in such infirmity of body, and such anguish of minde, to collect his thoughts and say any thing at all for himselfe: But the Al­mighty God, who knowes him to be innocent, had furnished him with some abilities to give testimony to the truth and to a good Conscience: He therefore intreated, that if eyther in judgement or in Memory, he should at any time fayle, it might be imputed to his great weakenesse, And although the Gen­tlemen his Accusers should seeme more ready in their Accusa­tions, [Page 9] then himselfe in his defence, yet that might not preju­dice his Cause, who in very unequall termes, had to doe with learned and eloquent Lawyers, bred up a long time and inu­red to such judiciary pleadings, and whose Rhetorik, he doubt­ted not, might present many things to their view in a multiply­ing glasse; Hee told them farther, that for these many yeeres hee had beene weary of publique service, and that now it was his resolution, after he had vindicated his honour, to retyre himselfe, and enjoy his much longed for privacy, And yet hee could not but tell them so much, That it had beene his hearty wish and desire, rather voluntarily to have resigned his places of Honour, like a ripe fruit falln from the Tree, then to be vi­olently pulled from thence, as a fruitlesse and unprofitable wi­thered Branch.

To the Charge of Treason, he said, that under favour, hee conceived that although all the Articles conteined in his im­peachment were verified against him, yet they would not all a­mount to Treason, neither simple nor accumulative: For (said he) I doe not understand by what interpretation of Law, the diversion of Justice can be called a subversion of the same, or the exceeding of a Commission, the usurpation of a new Power. To the particular he replyed That his words were cleerely inverted, for that his expression was, That the little finger of the Law (if not supported by the Regall Power, in granting Pardons for poenalties of the same) was heavier then the Kings Loynes. That this was his expression hee verified.

First by the occasion, for hee spake the words a long time since, to some men who had layn imprisoned at Yorke, and were then by the Kings favour set at Liberty, whom hee incited to thankefullnesse (by this expression) towards his Ma­jesty.

Secondly, by witnesses produced by him: In the examinati­on of their witnesses hee convinced one of them of untruth, by interrogating him where he was when the speech was heard, and how farre distant from him, when the man had replyed, That he was twelve yards from him, Hee answered that it was impossible for him to heare a man three yards off, by rea­son of a deafenesse that had held him 14 yeeres, which being found true, the witnesse was rejected.

Another witnesse (Sir David Foules (was brought against him, against whom he excepted as his known and professed ene­my; 'twas told him that he himselfe did not use to admit of ex­ceptions against witnesses, and therefore was to expect the same measure.

Hee replyed that Master Pym might one day perhaps bee a­tached for perswading the House of Commons to commit the same Crime that was laid upon him as a Charge of Treason: But for all this the witnesse was received, because in matter of Treason a mans enemy may witnesse against him pro Domino nostro Rege, ‘Though, I suppose the Kings advice was never asked for the present. This was all that was done for that time.’

On Thursday hee was charged with the second Expression; Thursday. That hee said Ireland was a Conquered Kingdome, and that the King might praescribe them what Lawe he pleased, Expres. 2.

To this hee replyed, That neyther was the Expression in Straffords Reply. those words nor in that sence spoken or meant by him; The first part of it (said hee) cannot bee denied; To the second that hee had said only, That the King was the Law-giver, which he hoped none could deny without incurring the Crime of Treason; And that the Kings Sentence was a Law in mat­ter not determined by Acts of Parliament, which all but dsloy­all Subjects would grant; And that it had beene ever his en­deavor to have the Liberty of the Subject, and the Royall Prerogative follow both in one Channell: If either of them crossed other, we could expect nothing but a subversion of the Common-wealth, eyther by Tyranny or Rebellion; That the Praerogative was like the first; the Liberty of the Subject like the second Table, eyther both or neither can be preserved, That in his duty hee stood oblieged first to the King, as Gods A­nointed, then in the second place to his Countrey, if it did not crosse the Regall Power: And therfore hoped that what hee [Page 11] had spoken was so farre from being Treason, that hee thought a thousand such Expressions would not make up one Felony.

On Friday the two other Expressions were followed; That Friday. hee said, Hee would not suffer his Ordinances to bee disputed by Lawyers, before inferiour Judicatories, and that hee would make Express. 3. & 4. an Ast of State equivalent to an Act of Parliament.

To the first hee said, that hee had often said (more then once) that hee would not suffer his Ordinance to be con­temned, because, in him, his Masters Honour was wounded.

To the second, Hee thought a proportionable obedience was due to Acts of State, as well as to Acts of Parliament, otherwise they were made in vaine if that both did not bind in one kinde.

The Lord Corke (though his mortall Enemy) was now exa­mined Corks two falls. and admitted, as a witnesse, whom in his Deposition hee convinced of two shamefull oversights: For Corke had decla­red 1 Interiy­ning. upon his Oath, That the Lieutenant had caused to bee inter­lined an Ordinance against himselfe, and had caused some words to be scraped out, which words were notwithstanding still found to be in the Sentence by an authentique Coppy under the hand of Sir Paul Davison, Clearke to the Councell-boord of Ire­land.

Then Corke alleaged, That hee had advanced a Groome of 2 His Groome. his to be a Preacher, who by a testimony from the University of Dublin he verified to have beene a Master of Arts, ten or twelve yeeres before his advancement, Adding withall, that my Lord of Corke was an excellent Scholler, who was able to breede such Groomes.

Upon Satterday, having done with his Expressions, they can­vased Satterday. the first Article about his actions.

Against the Lives of the Kings Subjects, both in the Case of the Charge 1. Lord Mount-Norris, and also of another of the Kings Subjects, both of whom hee had Sentenced to Death by Martiall Law, con­trary to all Lawe, and to the manifest subversion of the Priviledges of Subjects, Magna Charta, and the Petition of Right.

To the Lord Mount-Norris his Case, hee Replyed:

1. That though that Sentence had beene un justly given and Strafford's Reply. rigorously prosecuted against him, yet the greatest Crime that [Page 12] hee could bee charged withall would but amount to Man­slaughter, or Felony at the most.

2. That hee hoped (though this were true) to obteine a Par­don from his gracious Master the Kings Majesty, as well as Conway, and Sir Jacob Ashley had lately done, for exercising Matiall Lawe in the Northern Army.

Then hee Replyed to all the parts of the Charge which were foure.

1. That hee had exercised Martiall Lawe in time of Peace,

To this hee Answered:

1. That all Armies have beene, and must bee, governed e­ver by Martiall Law.

2. That there is a standing Army in Ireland, and therefore the Case is all one in time of Peace or Warre; And that the Army might bee undone if they should not use Martiall Law, but were to expect Remedy for the setling of a Mutiny, or as­surance of obedience from the Common-Law.

3. That it had ever beene the practise of the Deputies, par­ticularly of Wilmot, Faulkland, Chichester, yea Corke him­selfe, and therefore was no new thing, brought in by him; This hee proved, both by the production of the Military Ordinances and by divers witnesses who knew Sentences given in that kind by them.

4. That hee had a particular warrant in his Commission for this Power.

5. That in the Lord Mount-Norris his Case, hee was com­manded to exercise the same, by the Kings particular Letter, both which hee caused to be read.

The second Charge was, That he was both Party and Judge Charge 2. in the Lord Mount-Norris Cause.

To this hee Replyed, That hee had sitten in judgement, be­cause Straffords Reply. he was one sine quo non, the Judgement could not pro­ceede without him, but that hee was not Judge but Party ap­peared.

• 1. Because he sate discovered all the time.
• 2. Because hee refused to give his own Opinion.
• 3. Because hee did not give his Suffrage one way or o­ther.
• 4. Because hee removed his Brother Sir George from have­ing [Page 13] hand in the Processe, in regard of interest of blood.

The third Charge was, That he proceeded summarily in the Charge 3. matter of the Lord Mount-Norris.

Hee Replyed:

First, that hee was not Judge in it, and that the Councell of Srafford's Reply. Warre was to be answerable in the justification of their owne Proceedings.

Secondly, That after a long reasoning hee had heard them say, that no delay could safely bee granted in Martiall Courts. The fourth Charge was, That he had not heard the Exceptions Charge 4. made by Mount-Norris against his witnesses.

To this he answered, as before, That he was not Judge in the Straffords Reply. Case, and that he remembers no Exceptions made against any witnesses, To which hee added, that as hee had beene regula­ted in his Proceedings, so hee had beene moderate in the Exe­cution of that Sentence; For, though the Lord Mount-Nor­ris justly deserved to dy, yet hee had obteined him the Kings Pardon, for the saving of his life, and protested that hee inten­ded nothing by that Sentence, but in some measure to repayre his owne Honour, and to give Mount-Norris faire reproofe, who was known to bee of an exorbitant and licentious tongue and Spirit: Adding, That if the house of Commons would goe on the same way with him, and assure him that the issue of his Charge, should be nothing else but to admonish him for the time to come, hee would thanke them heartily for it, and study amendment in all his pretended oversights. And where­as Mount-Norris complayned that hee had jeeringly told him, when the Sentence was passed and pronounced against him: That ere hee lost his head, himselfe would lose his hand; Hee answered, that hee had beene thought to bee very insolent and haughty, yet hee was never so impertinent to use this expressi­on; If any fault were, it was for undervaluing himselfe in say­ing, That ere a hayre of Mount-Norris should perish, hee would lose his hand: And truly (said hee) if Mount-Norris would say so to mee now, even in the worst sence that can bee conceived, That ere I died hee would lose his hand, I would take it very kindly from him.

For the other man hee avouched that hee himselfe had voy­ced to hang him, both because hee was an arrant theefe, and [Page 14] also had fled from his Colours, which by the very Common-Law (and to this effect hee cited a Statute 20 Hen. 6. & 7. Hen. 7.) That to fly from their Colours is fellony. Hee concluded That seeing hee was not accessory to the Sentence against Mount-Norris, had not sate there as Judge, had a power to keepe Martiall-Courts by his Commission, had not exercised the same till a new Command came from his Majesty, had done no more then ever was practised in Ireland, before his time, and had at last obteined Mount-Norris his pardon, Hee hoped there was nothing accusable in him but his too remisse and too moderate proceedings.

Master Glyn bitterly replyed, That hee knew the time when the Earle of Strafford was no lesse active and stirring to enlarge Glynn's E [...]aculatiō the liberty of the Subject, and advance the Petition of Right, then now he is for extending his owne Arbitrary and Tyrannicall Go­vernment.

To this hee Replyed without the least semblance of passion, Strafford's Reply. That if at any time hee had done the least service to the House of Commons, hee thought his whole life well spent, nor could they ever so graciously reward him as to give Commission to that Gentleman, to expresse so much before that honourable Assembly: But withall if ever any such thing was done by him, hee intreated it might now bee remembred, and might now serve to over ballance some sleight and meane oversights committed by him, which hee hoped should never make him guilty of Treason, unlesse it were Treason for a man to have no more wit and prudence then God and Nature had bestow­ed upon him. And so much for Satterday.

Upon Munday hee was charged with the sixt Article: That Monday hee h [...]d used a Tyrannicall Government, not only over the Lives (as appeared by the last) but also over the Lands and Goods of the Cha [...]ge A [...]t. 6. Kings Subjects, as appeared by this Article; wherein hee was Charged to have disposessed the Lord Mount-Norris of a tenure of Lands, by a summary Processe before himselfe, contrary to all Law, and therefore had fayled:

• 1. Against the Act. 7 Hen. 6. which provides all matters to be determined by the Ordinary Judges.
• 2. Against the cautions sent to Ireland by King James, expresly forbidding such power hereafter to be exercised.
• [Page 15]3. Against the Kings late Proclamation.
• 4. Against the practise of all Deputies before that time.

Withall they added, That it was a Tyranny that could not bee expressed, to exercise this power over the persons of the Peeres of the Land, and their Goods.

To this hee Replyed, That for his part, in matter of Justice Strafford's Reply (under favour hee spake it) hee thought there was no distin­ction to bee made betwixt a Peere of the Land, and one of the Commons, except they did thinke that eyther feare or faction should doe something, which had no place in him.

To the Particulars.

1. That the Act of Hen. 6. answered it selfe sufficiently, both because it excepted the Court of Requests (and that his proceedings were nothing else in Ireland, and also makes an expresse Reservation of the Kings Prerogative, which hee said was his strength, because hee derived his Commission from the King, and that the Act was the most expresse warrant in the world for him.

2. That hee had not fayled against the cautions given by King James.

1. Because they were not Charged upon him.

2. Because they were never observed, nor could be by the Deputies to whom they were given, which he proved both by witnesses and writings.

3. Because the Caution made rather for him then a­gainst him, in that it conteined the word hereafter, which manifestly implyed that that power had beene sometimes before exercised in Ireland. And not only by himselfe, and therefore thanked them for that testimonie and hint.

4. That though the Cautions had beene given to him, yet he had received an expresse Command from the king his Master, to put that power in use, causing the Kings Letter, for that pupose, to be read; and professing with­all, that hee was tender to exercise that power, till the King (induced by the humble Remonstrance of the mea­ner sort of people) had most peremptorily, and upon most just reasons commanded him.

3. That hee could not obey the Kings Proclamation fi [...]e [Page 16] yeeres before it came out, and that hee wished from his heart, that they would but respect the Kings Commands and Com­missions, with that tendernesse of affection and obedience as he did his Proclamations.

4. Hee proved it to be the constant practise of all Deputies that went before him.

It was objected that other Deputies had indeede upon suits of Charge Equity determined, themselves, and matters of Debt; but never of Land.

Hee Replyed, First that the same Authority reacheth as Straffo [...]'s Reply. well to the one as to the other: Secondly that neither he nor they had ever given Sentence, or determined any thing con­cerning matters of Inheritance, but only concerning violent intrusion, which fell directly within a suit of Equity. To which hee added, First the Equity of that Court, that it proceeds up­on the same grounds and evidences of that of the Common-Pleas, and that hee had the assistance of two of the learned Judges, in deciding the Controversie.

Secondly the profit of that Court, which dispatcheth the poore in a day or two, whereas the Common-Law would keepe them so many yeeres, which they are not able to su­steine.

Thirdly, the necessity of that Court in that Kingdome, which hath beene ever governed by that way, and therefore impossible to debarre the natives from it, without great incon­venience, for it would utterly undoe them, and none is preju­diced by it but the Lawyers, And therefore seeing that he had done nothing but what was customary, necessary and equita­ble; Commanded to it, and the Sentence just; hee hoped ra­ther for thanks from the State, then a Charge for his ill De­portment; withall he shewed with what Extortion and Vio­lence the Lord Mount-Norris had taken seisure of that peece of Land, and made the playing of his game to be very foule; and at last hee added, That he had done no more in Ireland, then the Court of Request in England usually doth, And that the Chancery Court in Ireland doth the same daily, and the last Chancellor was never Charg'd (said hee) for such Procee­dings, though this his Power and Authority was lesse then mine; But the difference of the Person and his Authority (it [Page 17] seemeth) differeth the matter. And this was the businesse on Monday.

On Tuesday they passed by the 7 Article, and the two first Tuesday Charge the latter part of the eight Article. Lady Hi­bots Case. parts of the 8, about the Lady Hibbotts Land; That hee had vio­lently thrust her from her possession, by this Summary way of Justice, and afterwards purchased the land to his owne use, by bor­rowing the name of Sir Robert Meridith.

In this Probation, the testimony of the Gentlewomans own sonne was used, of the Lord of Corke, and the Lord Mount-Norris, all his back-friends, or professed Enemies; and yet they proved very little but what they tooke up upon hearesayes, their prime Allegation was.

First, That though the major part of the Councell-Boord, had voted for the Lady, yet the Lord Lievetenant had given Decrees against her.

Secondly, That all was done to his own behoofe.

To the First, Hee produced the Sentence, under the hand Straffords Reply. of the Clerke of the Councell-Boord, subscribed by the Ma­jor part.

To the Second, Hee attested that hee had no under-dealing with Meridith, for the Lady had got her own Lands back from the said Sir Robert Meridith: Hee also declared at length, with what fraude and deceit the Lady had come to her Lands, and upon what reasons they were restored.

After this Article, they fell upon the ninth; about the giving Charge Article 9. of Commission to the Bishop of Downe, and Connar, for ap­prehending all such Persons, and presenting them before the Councell-Boord as contemned the Ecclesiasticall Ordinances.

To this Hee Replyed,

Fist, Hee produced the Primate of Irelands Testimony un­der Straffords Reply. his hand (hee being himselfe sick) that the same course had been used in Ireland before, and that Bishoppe Mountgo­mery, his Predecessor in the Bishoprick of Methe, had had the same.

Secondly, Hee shewed the Equity that such assistance should bee given to Church-men, who otherwise, because of Papists and Schismaticks, either to God or the King, w [...]ld [Page 10] have no Respect or Obedience given them in that Kingdom.

Thirdly, He proved, by two witnesses, that such Warrants were in use before his time.

Fourthly, Hee said hee had never granted any but that one, and had presently within some few Moneths called the same in againe; what (said hee) was the Bishop of Downes carriage in it, hee had no reason to answere for, But hee presumed the Bishop could give a satisfactory answere for himselfe, when hee should be called in question; And so hee concluded that a matter so just, so necessary, so customary and practicall before, Hee hoped should not bee Charged upon him as an Introdu­ction of a new and Tyrannicall Forme of Government, And therefore submitted himselfe to the Mercy of God, and the E­quity of his Peeres in his Tryall. And this was the worke on Tuesday.

After the ninth Article was passed against the Commission is­sued Wednesday Charge Art. 10. in favour of the Bishop of Downe and Connar; Upon Wednesday Master Glyn proceeded to the tenth Article, the Charge was. That the Earle of Strafford, having established an Arbitrary and Tyrannicall Government, over the Lives, Lands and Liberties of the Kings Subjects, his next desire was to make intrusion upon the Crowne it selfe, that by applying to his own use the Publique Revenues, hee might bee the more enabled to accom­plish his disloyall and trayterous intentions; To which end, having by a new booke of Rates enhaunced the Customes, hee had gotten by advantage of his Lease, above twenty six thousand pound yeerly. This (they added) was a Crime of higher nature then those con­teined in the Preceding Articles, Because in those there was some colour or pretext of Justice, here none; those in Particulars, this in Generall; those against the Subject only, this against the King himselfe.

For the Proofe of the Charge, they produced the Lease of the Duke of Buckingham.

Which was read and compared with that Lease to the Dutch­esse of Buckingham (which the Lieutenant hath now by Assigne­m [...]t) and some differences shewn arising to the sum of two [Page 11] thousand pounds in the Dukes Lease, only the moity of concea­led and forfeited Goods were due to him, but the whole Goods to the Dutchesse in her Lease; Againe the Kings ships of prizes, did not pay Customes in the Dukes Lease, in the Dutchesses they did; Againe, the Impost of the Wines (then belonging to the Earle of Carlile) was not in the Dukes Lease, in the Dutchesses it was; Lastly, whereas the Earle of Strafford paid but fourteene thousand pounds per annum for the Custome, it was worth to him, as was apparent by the bookes of the Exchequor, forty thou­sand pound. Witnesses were examined.

First Sir James Hay, who deposed that the Earle of Carlile had an advantage of one thousand six hundred pounds per an. by his Lease of Wines.

Secondly, The Lord Ranelaugh, who deposed that by the inspection of the books of Accompts, hee had found the Cu­stomes to be Anno 1636, thirty six thousand pounds. Anno 1637, thirty nine thousand pounds. Anno 1638, fifty foure thousand pounds. Anno 1639, fifty nine thousand pounds.

With the Proofe they concluded the Charge; That notwith­standing the Lord Strafford pretended a great measure of Zeale and Honesty in his Majesties service, yet it is evident hee had abu­sed the trust put upon him, and by withdrawing so great summes of money from the Crowne, had weakened the King, praejudiced the Subject of the Protection they were to expect from him, and had beene the cause that the extraordinary way of Impost and Mono­polies had beene undertaken, for supplying of the Royall necessitie: And that this Act, therefore, ought to bee enough to make the Charge and Impeachment of high-Treason laid against him.

The Lievetenants Reply was, That hee conceived hee had Strafford's Reply. given full satisfaction to all hitherto brought against him, a­bout that pretended Arbitrary Government, nor would hee spend time in vaine Repetitions, for the present Article, though in all its parts it were granted to be true, yet hee could not perceive, by what Interpretation of Lawe, it could imply the least Act of Treason, and when it should be directly Char­ged upon him as a point of Misdemeanour, Oppression or Felony, hee made no doubt but hee should bee very able to cleere himselfe abundantly in that point also, yet lest any pre­judice might stick to his Honour, by these bold Assertions, [Page 20] Hee was content to steppe so farre out of the way as to give answere.

First, That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchesse of Buck­ingham, or whether she had obteined a more easy Condition then the Duke her husband, especially seeing that same was graunted some yeeres before his comming to that Govern­ment; yet thus much hee could say That the Dutchesse had paid thirty thousand pound fine, and therefore no mervaile her yeerely rent was the lesse.

Secondly, For the booke of Rates (wherein the chiefe mat­ter of Oppression and Grievance seemed to rest) the same was there established by the Deputy Faulkland, An. 1628, 3 yeers before his going into Ireland, and therefore it was exceeding strange, in his apprehension, how that could rise up in judge­ment against him.

Thirdly, That hee had his Interest in the Customes by Assig­nation of a Lease from the Duchesse, which was given her be­fore his Government, nor did hee ever heare it alleaged as a Crime of Treason, for a man to make a good bargaine for himselfe.

Fourthly, That not of his owne accord, but at the Kings speciall Command hee had undergone that Charge, on hopes that upon the enquiry into the worth thereof, the Customes might bee improved for the benefit of the Crowne, and the true value thereof discovered. This hee proved by the Lord Cottington, and Sir Arthur Ingram.

Fiftly, That when a new booke of Rates was recommended to him by the Councell-Board of England, in the time of his Lease, he so farre preferred a feare hee had, That the Trade of Ireland might thereby be discouraged, before his owne Com­modity, as hee presumed, in all humility, to refuse the said book of Rates, and tendred his Reasons thereof to the Kingdome and Councell-Board of England.

Sixtly, That hee never understood that the Customes could arise to those great summes alleaged, but though they should, yet his advantage was but small; for first dividing the four­teene thounds hee paid to the King, then five parts of eight, which was yeerely given in upon Oath (and that procured [Page 21] first by himselfe) at the Exchequer Board, the other three parts divided amongst foure of them which were equall sharers in the Lease, would not amount to any great summe of money; And therefore except it were Treason for him to have impro­ved the Kings Revennue, encouraged the Trade, and refused the new booke of Rates, hee could in his owne weake judge­ment discerne none there, nor could hee thinke it a Crime, for him to take an Assignation of a Lease, graunted before his time, and to insist in the booke of Rates used before his com­ming over; And therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries, then as a thing spoken in good earnest by them.

The same day the eleventh Article, concerning Tobacco, was Charge. A [...]tic. 11. Charged on, by the same man Master Glyn, after this manner: That for the farther advancement of his Tyrannicall and Avari­tious Designes, hee had, of himselfe, established a Monopoly for the restraint of Tobacco in that Kingdome; where they offered five particulars to the proofe.

First, That hee had restrayned the Importation of Tobacco.

Secondly, That in the meane time hee had brought in a great quantity himselfe, and sold the same at exorbitant Prizes.

Thirdly, That of Tobacco, already imported, hee had forbidden any to bee sold, but what was first sealed by his Officers.

Fourthly, That upon a pretended disobedience, hee had punished a great number of People, by Seizures, Imprisonments, Fineing, Whipping, Pillory. and such like cruell and inhumane usages.

Fiftly, That by these meanes hee had gayned one hundred thou­sand pounds yeerely.

For Proofe hereof

First, The Proclamation, for restrayning Tobacco, was read.

Secondly, The Proclamation about the sealing of the same.

Thirdly, Some witnesses, who declared that Shippes had beene restrayned from landing Tobacco.

Fourthly, Others who had known some Tobacco seized on as forfeited.

Fiftly, The Remonstrance of the House of Commons in Ire­land, declaring that the Earle had fold 500 Tunne of Tobacco, which sold at 2 s. 6 d. per pound, amounts to 100000 l.

They concluded the Charge: That hee had sucked up the blood and eaten up the Kings Liege-people, and had by this one point of Oppression, raysed greater summes to himselfe, then all the Kings Revenue, in that Kingdome extended unto: And therefore was lyable to the Crime of Treason, for troubling the Peace, and be­reaving the People of their goods, who were entrusted into his Care and Government.

The Lievetenantss Reply was,

That his most secret thoughts were conscious of nothing but Straffords Reply. of a sincere intention and indeavor to promote and advance the well-fare of that Kingdome; And withall hee conceived (by their leaves) that nothing in that Charge could have the least referrence to Treason; yet as hee said before, for re­moving of all prejudice, he was content to answere:

First, That long before his comming to Ireland, the same restraint had been of Tobacco, and the same Impost of eighteen pence per pound, enjoyned by King James.

Secondly, That at that time, the Trades-men for this Com­modity paid but twenty pounds a yeere to the Crowne, for the Impost, but now 4000 l.

Thirdly, That the Parliament in Ireland 1628, had Petitio­ned to have this Impost setled by an Act of State for ever af­terwards, as a part of the Revenue of the Crowne.

Fourthly, That hee had expresse command from the King, for issuing those Proclamations, and therefore could not Ima­gine more danger in them, then in others for Monopolies in England, in the worst sence.

Fiftly, That the Proclamations were sent forth not by him­selfe alone, but by the whole Councell-Board of Ireland.

Sixtly, That for the contract of Tobacco, hee was so tender of it, that it was sent over hither, and seene and approved of by the Councell-Board of England, before it was condiscended to in Ireland.

For the Proclamations; Hee told them it was his own opi­nion (and if hee failed in it, hee humbly craved pardon, and hoped that it should not bee Treason to have no more judge­ment then God had bestowed on him) that the King was in­dued by God, with a power, to make temporary Lawes, and cause the same to be promulgated for the good of his People, [Page 15] upon suddaine emergent occasions; to which Lawes, obedi­ence is due, till they be abrogared by ensuing Parliaments; that hee restrayned no man from importing Tobacco, who was wil­ling to pay the appointed Impost; that for his part, hee had never Traffict in all his time, in that kinde, nor had any part with the Contractors: And if any Tobacco was seized on, it was upon Contempt of the Proclamations; And if any Person were censured to the Pillory, or Whipping, it was for known Perjury, the ordinary and usuall punishment in such a Case: Concerning the Tobacco imported (hee said) no consideration was taken of the prices given for the Tobacco beyond Seas, of the Kings Revenue of foure thousand pound, of the Merchants paines and danger, bringing the same home: For his part, if a­ny advantage were made, surely it was not his, nor could hee annull every Contract or Lease made by the King: And ther­fore, seeing his interest was none, hee had done nothing but at the Kings directions, and at the advice of the Councell-Board; seeing the same Impost was in King James his time, and Petiti­oned for by themselves in Ireland: Hee hoped the carriage in the businesse should bee so farre from a Crime of Treason, that it should rather be thought no Crime at all. So much for Wednesday.

Upon Thursday hee was Charged with the twelfth Article, Thursday. Artic. 12. Charge by Maynard. concerning Flax, by Master Maynard, on this manner: That the Flax, being the native and principall Commodity of that king­dome, was by him (the Lievetenant) restrayned, and the Subjects put to that which was unknowne, yea impossible for the Irish to make the same into Yarne, here they complayned of three things.

First, That by Proclamation h [...]e had restrayned selling of Flax.

Secondly, That hee had ordered the making of Yarne of such and such lengths and numbers of threds.

Thirdly, That the Native Irish, being unacquainted with such Customes, upon a pretended disobedience, had all their Flax and Yarne seized on to his use, whereby a great many families were re­duced to such pennury that they died, by great numbrrs in the fields for want of foode.

For proofe hereof they brought:

First, The Proclamation about the Restraint.

Secondly, The Warrant for seizing the forfeited goods.

Thirdly, The execution of this Warrant, proved by Sir John Clotworthy, Lord Ranelaugh.

Fourthly, The Remonstrance from the house of Commons, in Ireland, That upon the rigorous course and execution of this Warrant, many Persons died for want of foode. They concluded the Charge therefore: Though the Article did not individually imply Treason, yet it did make very much for the Accumulation of Treason.

The Lievetenants Reply was,

That as before he would and must ever repeate it, that no­thing Straffords Reply. was in the Charge that conteined Treason, To the mat­ter it selfe hee answered.

First, That the Proclamations issued forth, were grounded not only upon convenience, but upon necessity, because that except some way had beene taken for ordering of Yarne, the Merchants had absolutely given over the Linnen-trade in that Kingdome.

Secondly, That the Councell-Board was as lyable to the Charge as himselfe, amongst whom were, at that time, the Primate of Ireland, the Arch-bishop of Dublin, Chancelor Loftis and the Lord Mount-Norris, all subscribers to the Proclamation, men to them of known integrity and judge­ment.

Thirdly, That nothing was more common, then for the Councell-Board of Ireland to give out Orders for reducing the natives to the English-Customes, and to fine them for drawing their Horse by the tayles, during their Corne, and such like, and hee conceived that to bee a thing of the same nature.

Fourthly, That the speciall thing inducing him to it was, be­cause hee perceived the trade of Wooll to increase much in that Kingdome; He disswaded by all meanes the making of Wool­len-Cloth, because of the infinite detriment that might happen thereby to the Kingdome of England, and therefore thought this the best way to encourage the way of Linnen cloth; For the Warrant to seize upon the goods, hee affirmed the same to [Page 25] bee necessary, because there should be no contempt to Procla­mations; But that any part thereof did accrue to him, he flat­ly denied; If any rigour was used in the execution, hee said not hee, but his Officers were to answere for it; for this might happen in the most just and necessary commands, nor was there ever any complaint presented to him of any such matter; For his part hee had lost thirty thousand pounds in the Manufacture, established by himselfe for the encouragement of others.

To that, that Persons died by this meanes, hee Replyed, that it was more then ever hee heard, or could thinke possible, yea that hee was cleered by the allegation it selfe, which saith that the same happened since his comming from Ireland.

To the Remonstrance of Ireland, Hee conceived that a Charge was but a slender proofe of a Charge, and that especi­ally upon Interrogatories, not upon Oath, seeing that privi­ledge was not due to the House of Commons, neither here, nor there; that hee might say it in truth and modesty, hee deser­ved much better of that People, and might take up that in the Gospell. For which of all my good Deedes &c. Yet hee hoped to bee better understood shortly, both here and there, And for his part, though his pursuit had beene very hot, yet God was his witnesse hee never intended to take the least Impression of Revenge, for those discontents and affronts which had beene eagerly put upon him, or to carry any thing hence with him from that Barre, where so many foule Aspersions had beene unjustly throwne upon him, but only Gratuitas Ci­catrices.

The same day a fresh man (Master Palmer) entred the Lists a­gainst Charge by Mr. Pal­mer, latter part of the 15. Article seizing & laying soul diers upon the Sub­jects. him, who having past by, for warit of proofe the thirteenth, fourteenth, and part of the fifteenth Articles, insisted only upon the second part, for giving Warrant to Sarjeant Savill, for sei­zing and laying Souldiers upon the Subjects, hee Charged thus. That the Lord Strafford, having by a Tyrannicall Power inverted the ordinary course of justice, and given immediate Sentence upon the Lands and Goods of the Kings Subjects, under pretence of dis­obedience, had used a Military way for redressing of the Contempt, and laid Souldiers upon the Lands and Goods of the Kings Sub­jects, to their utter ruine. This Article (hee said) of it selfe did [Page 26] conteine an individual Treason, so that if there were no more then this, it were more then sufficient to convince him of his Im­peachment.

Here hee offered two things,

First, The proofe of the point.

Secondly, By what Statute this Act of Tyranny, directly and by it selfe, implyed Treason: For the first, Sarjeant Savill was called, who produced the copie of the Warrant upon which hee had setled the Souldiers.

At this the Lievetenant rose, and humbly intreated the Lords Straffords Reply. no evidence should be received against him, upon an Article of such importance, but what might bee thought authentique, and such a one, under fauour, hee conceived that Copy not to bee.

First, Because no transcript, but the Originall only, can make faith before the Kings Bench, in a matter of Debt, there­fore farre bee it from them to receive a most slender testimony, in matter of Life and Death, before the supreme Judicatory of the Kingdome.

Secondly, If Copies bee at any time received, they are such as are given in upon Oath, to have beene compared with the O­riginalls, which are upon Record, such an one was not that Copy.

It was Replyed by Master Glyn (for all of them spake as occa­sion Glyns Speech. served) that the House had but the day before admitted Co­pies as evidences, much more should they doe this, when it was prosecuted by the Officer himselfe, who best knew it, having exe­cuted the same.

To this the Lievetenant answered, that all other Copies Straffords Reply. ought to bee received upon Oath, to have beene compared with the Originall, as right reason requireth, but that this was not so,; And for the Officer himselfe producing it, that was the best Argument hee could use, why it should not bee admitted: For (said hee) Master Savill may bee charged with Treason, for seising men of warre upon the Kings Subjects, hee hath nothing for his defence but a pretended Warrant from me: Now what hee sweares to my prejudice, is to his own advantage, nor can a man by any equity in the world, bee admitted to testify against another, insuam justificationem,

The point seemed exceeding weighty, and in effect was the Serjant Savils Coppy of the Commissi­on reject­ed. groundworke of the whole Article, which not proved, nothing could evince him to have beene accessory to the Consequence. The upper House therefore adjourned themselves, and went up to their own Court, and after a very hot contestation betweene the factions, and above an houres stay, They returned and decla­red that the Lords after mature deliberation, had resolved that the Copy should not bee admitted, and desired them to proceede to other proofes, which after a little pause they did,

First, the Lord Ranelaugh affirmes, that hee heard of such a Warrant, and knew sometimes three, sometimes five Souldiers Billeted by it.

Secondly, Master Clare declares the very same.

Thirdly, Another Deposeth hee had seene such a Warrant under the Deputies Hand and Seale: And so much for the proofe.

For the Statute, they alleaged one of Edw. 3 : 6. that whosoe­ver should carry about with them English Enemies, Irish Rebels, or Hooded-men, and sesse them upon the Subject, should be pu­nished as a Traytor. Another of Hen. 6. 7. That whosoever should sesse men of warre, in his Majesties Dominions, should be thought to make warre against the King, and punished as a Tray­tor. They concluded, It was evident the Lord Strafford had in­curred the penalty and breach of both the Statutes, and therefore desired the Lords should give out judgement against him as a Traytor.

The Lord Lieverenants Reply was,

That in all the course of his life, hee had intended nothing Strafford's Reply. more, then the preservation of the Lives, Goods and welfare of the Kings Subjects, and that hee dared professe, that under no Deputy, more then under himselfe, had there beene a more free, and un-interrupted course of Justice.

To the Charge hee answered.

First, That the Customes of Ireland differed exceedingly from the Customes of England, and was cleere by Cookes book, and therefore, though sessing of men might seem strange here, yet not so there.

Secondly, That even in England hee had known Souldiers pressed upon men, by the Presidents of Yorke and Wales, in [Page 28] case of known and open Contempts, and that both in point of Outlary, and Rebellion, and also even for sums of Debt be­tween party and party, there is nothing more ordinary then these Sessings to this day in Scotland, whereby the chiefe house of the owner is seized upon.

Thirdly, That to this day there hath beene nothing more or­dinary in Ireland, then for the Governours to appoint Soul­diers, to put all manner of Sentences in Execution, which hee proved plainly to have beene done frequently, and familiarly exercised in Grandisons, Faulklands, Chichesters, Wilmots, Corks, Evers, and all preceding Deputies times: And had e­ven for Outlaries, for the Kings debts in the Exchequer, of Collection, of Contribution money, and (which comes home to the point) for peteet soms of money between party and par­ty, so that hee mervailed quâ fronte, or with what boldnesse it could bee called an Arbitrary Government lately brought in by him.

To this the Lord Dillon, Sir Adam Loftis, and Sir Arthur Teringham deposed; the last of whom told, that in Faulklands time hee knew twenty Souldiers Sessed upon a man for refu­sing to pay sixteen shillings sterling.

Fourthly, that in his instructions for executing his Commis­sions, hee hath expresse warrant for the same, as were in the In­structions to the Lord Faulkland before him, both of which were produced and read.

Fiftly, That although all these Presidents were not, yet it were not possible to governe the Kingdome of Ireland other­wise, which had beene from all times accustomed to such sum­mary Proceedings.

Sixtly, that no testimony brought against him can prove that ever he gave warrant to that effect, and for the Deeds of the Sarjeant at Armes, hee did conceive himselfe to be answerable for it.

As for the Acts of Parliament, hee had reserved them to the dispute of his Lawyers, but was content to say thus much for the present.

First, That it is a ground in the Civill-Law, that where the King is not mentioned, there hee cannot bee included. But (with all distance to his sacred Person bee it spoken) hee con­ceived [Page 29] himselfe to be in his Master the Kings place (for so his Commission did run) in that Kingdome of Ireland.

Secondly, The words of the Statute are not applyable to him, for God knowes, hee never went about in Person to lay Souldiers upon any of the Kings Subjects.

Thirdly, That the Kings owne Souldiers, enquiring in a Cu­stomary way, obedience to his Orders, could in no con­struction bee called Irish-Rebells, English-Enemies, or Hooded-men.

Fourthly, That the use and custome of the Lawe, was the best Interpreter thereof, and for that hee had already spoken enough.

Fiftly, That it savored more of praejudice then equity, to start out such an old Statute against him, and none others, though culpable of the same fact, to the overthrow and ru­ine of him and his Posterity.

Sixtly, That (under favour hee conceived) for any Irish Custome, or upon any Irish Statute, hee was to bee judged by the Peeres of Ireland.

Seventhly, That Statute, of what force soever was Re­pealed.

First, By the tenth of Henry the seventh, where it is expresly declared, nothing shall bee reputed Treason hereafter, but what is so declared by the present Statute, now not a word there of any such Treason.

Secondly, By the eleventh of queene Elizabeth, where ex­presly power is given to the Deputy of Ireland, to sesse and lay Souldiers, although the same bee reputed Treason in any o­ther.

To the Statute of Henry the sixt hee Replyed, that a slender answere might serve; Hee hoped that no man would thinke him so inconsiderate to warre against the King of Britaine and Ireland, by the sessing of five Souldiers, that hee had beene charged by many for taking Armes for the King, but to that time, never for taking Armes against him: And that he hear­tily wished that no man in all his Majesties Dominions, had more practises with Rebels and Rebellious Designes against the King then himselfe. So much for Thursday. ‘At the close he desired the intermission of a day, that hee [Page 30] might recollect his spirits and strength against the next quarrell, and with some difficulty obteined rest till Satterday.’

Upon Saterday Master Palmer proceeded to the sixteenth Ar­ticle, and Charged thus. That the Lord Strafford, having esta­blished Saterday Charge Article 16 by Master Palmer. a Tyrannicall and Independent Authority, by giving sum­mary Decrees▪ and Sentences, had deprived the Subject of all just Remedy; for in that Kingdome there was none supreme to himselfe, to whom they might appeale; And lest their just grievances might be made known to his Majesty, hee had obteined a Restraint, that no Complaint should be made of injustice or oppression done there, till the first addresse had beene made to himselfe, and that no person should come out of that Kingdome but upon Licence obteined from himselfe.

For Proofe of this,

First, The Instructions were read, whereby that Restraint was permitted.

Secondly, The Proclamation, That all Noblemen, Gentlemen, Undertakers, Officers, or other Subjects that should resort into that Kingdome, should not come from thence without a Licence from him.

Thirdly, That hee had restrayned the Earle of Desmond, be­cause of a suit in Lawe depending betweene the Earle and himself, till publication of the same was passed.

Fourthly, That the Lord Roch, being informed against before the Starre-Chamber, he would not Licence him to come into this Kingdome, till the Sentence was passed against him.

Fiftly, That one Marcatee, having pretended a minde to tra­vell, was denied a Licence.

Sixtly, That the whole Committe for the Parliament, was Re­strained this last yeere by Deputy Wansford, which they said might be interpreted to be his fact, both because they had such intelli­gence the one from the other, as also by the Proclamation issued by him before.

Seventhly, That one Parry, servant to Chancellor Loftis was fined five hundred pounds at his returne, for departing Ireland without Licence.

Eighthly, That the Irish Remonstrance complained of this, as the greatest innovation and thraldome put upon them since the time of the Conquest.

They concluded the Charge. That by this meanes, having ta­ken off that intelligence which should hee betweene the King and his People, and having deprived them of that Remedy which in reason they might expect from so just and so Gracious a Prince, hee had taken upon him a Royall and Independent Power, and had faul­ted highly both against King and State.

The Lievetenants Reply was:

That he hoped to make it cleere, that he had done nothing Straffords Reply. in that particular, but what was Usuall, Necessary, and just, and that he should be very well able (by the Grace of God) not only of that, but of all other his publique actions, to give a rea­sonable Accompt, though not be free from much weakenesse, yet certainly from all Malice and Treason.

To the Particulars,

First, For Instructions laid upon him, he was not so much Chargeable as those of the Councell of England, whereof there was a great many present who could witnesse their commands, But lest any thing should seeme unjustly enjoyned by them, or embraced by him, hee desired that the reasons of their Instructi­ons might be read. which were; That it were In-justice to com­plaine of Injuries, of Oppression done in that Kingdome, till the first Deputies judgement were informed, and tryall made of his Integrity, that it would much discourage the Ministers of State there, and expend the monies of that Kingdome, if upon every trifling businesse, Complaints should be admitted in Eng­land: And that if justice were there denyed by the Deputy, it should be lawfull for any man to come over.

Secondly, For the Proclamation. that the same was builded upon the Statute of that Kingdome, the 25 of Hen. 6. which conteined the same Restraint Verbatim.

Thirdly, That Anno 1628. the Agents for the Irish Nation had Petitioned for the same from the King.

Fourthly, That the Deputy Faulkland, had set forth the same Proclamation.

Fiftly, that he had the Kings expresse Warrant for it, Anno 1634. which was read.

Sixtly, That he had received the Warrant in January, yet the Proclamation issued not out till September after.

Seventhly, That the whole Councell-Board of Ireland, [Page 32] had not only condiscended, but also pressed him to it.

Eighthly, The necessity of the Kingdome required the same, for, if the Gentlemen had the Ports open to goe to Spayne, and their Schollers to Doway, Rhemes or St. Omers, it were likely that at their returne they would put fire both in Church and State, and produce very sad events, by practising to distemper both.

Ninthly, He conceived that the King, as great Master of the Family, might restraine whom he pleased from departing his Kingdome without his privity, and here it was not lawfull for any to goe from England without Licence, how much more necessary was this from Ireland.

To the Proofes he answered:

First, For Desmond, He granted he was Restrayned indeede, but not for any suit of Law betwixt them, but because at that time he stood Charged with Treason before the Councell in Ireland, for practising against the life of one Syr Valentine Cooke.

Secondly, For the Lord Roch, he hath often times mervailed with what reason, the man at that time could seeke a Licence, seeing he was a Prisoner for debt in the Castle of Dublin, and if he had granted a Licence unto him then, it had beene a farre more just Charge of Treason then now.

Thirdly, For Marcattee he was afraid of his going to Spain and if he had told him that he intended to goe for England and complaine of himselfe, he would not have refused him Liberty, as he never did to any.

Fourthly, That the Committee of Irish was not restrayned by him, and therefore did not concerne him at all.

Fiftly, That for Parry, he was fined indeede, But that it is expresly said in his Sentence, that it was not for coming over without Licence (as is suggested) but for sundry contempts a­gainst the Councell-Board in Ireland.

Sixtly, That he had Replyed in the last Article, a Remon­strance was no proofe at all; He concluded that he hoped the least suspition of Treason could not accrue to him from the Article; For Oppression or Misdemeanor, when it was laid to his Charge, he made no doubt but hee should bee able to an­swere it.

The same day a new man was hurried out against him, (Mr. Whitlock) Whitlooks Charge Article 19 who having past over the 17 and 18 Articles, resteth on the nineteenth, about the Oath administred to the Scotts, in Ireland, and Charged thus :

That it was the height of his Tyranny, not only to dominiere o­ver Oath to Scotts in Ireland. the Bodies, but also over the Consciences of men, to which pur­pose hee had enjoyned an Oath to the Scots in Ireland, and because some out of tendernesse of Conscience did refuse to take the same, hee had fined them in great sommes of money, bannished a great nun­ber from that Kingdome, called all that Nation Traytors and Re­bells, and said, If ever hee returned home from England, he would roote them out both stock and branch.

For Proofe of this,

First, Sir Jāmy Mountgomery was produced, who declared at l [...]rge how that Oath was contrived.

Secondly, Sir Robers Maxwell, of Orchyardon, who spake to the same purpose.

Thirdly, Sir Jo. Clotworthy, who declared that a great num­ber had fled the Kingdome for feare of that Oath.

Fourthly, One Mr. Samuell, who deposed, that upon the tenth of October, 1638. He heard the Deputy say these words, That if hee returned, hee would roote them out stock and branch.

They Concluded, That this was a point of the most Tyranni­call and Arbitrary Government, that before this time was ever heard of, not only to Lord it over the Fortunes, but also over the Soules of men, And that it rested only in the Parliament, which hath the Legislative Power to enjoyne Oathes: And that there­fore this was one of the chiefe points hee had done a gainst the privi­ledges and Liberty of the Subject.

The Lievetenant Replyed :

That every new Article acquainted him with a new Trea­son, Straffords Reply. that if hee had done any thing in all his life accepta­ble to the King and the Countray, hee conceived it to bee this. To these Particulars:

First, Hee desired the Lords would call to minde the con­dition of those times, no man (pointing to my Lord Steward) knowes better then your Lordshippe, who had then the chie­fest place in his Majesties service; I would be very sory to [Page 34] rub (said he) old Sores, especially seeing I hope things are in a fayre way to a firme Peace, and I wish that I may not bee deceived, that is, That it may be so, only thus much I may say, we h [...]d then greater feares and apprehensions in Ireland, lest the Scots in the Kingdome (who were above one hundred thousand Soules) might have joyned with their Country men at home, for the disturbance of our Peace, meane time we de­tected a Treason of betraying of the Castle of Knockfergus, to a great man in that Kingdome (whose name I now spare) by one Freeman, who upon the discovery was executed.

The Councell-Board therefore in Ireland resolved to pre­scribe the Scots an Oath, whereby they might declare their discontent at their Country-mens proceedings, and obliege themselves to the Kings service; But while we were about this; they, of their own accord, came to Dublin, to Pe­tition for it, and tooke it with a wonderfull alacrity and hear­tinesse, so that it is a marvelous falshood for any man to say it was invented, or violently, enjoyned by me.

Secondly, about the same time, the same Oath vrrbum verbo was by the Councell of England prescribed, to the Scots, at London and else where, which was no small encouragement to us in Ireland.

Thirdly, I had (said he) which I never shewed, because I had no neede before this time, a speciall Warrant from the King, all written with his owne hand to that effect; And when the King commands a matter not contrary to Law, tru­ly I (said he) doe conceive it both contrary to Law and Con­science, not to yeeld him all due obedience. For the Proofe brought against him, there was nothing seemed to bee of any moment but the words.

For the first words, That hee had called all the Nation Re­bels and Traytors, Hee said there was no proofe at all, nor in­deede could there be any, for if I had said it (quoth hee) I had beene perfectly out of my witts; And, he thanked God, such irrational-speeches used not to escape him: Hee honoured that Kingdome very much, because it was rhe native soyle of our dread Soveraigne, his gracious Master, and because hee knew a part, yea (he hoped) the greatest part of them had beene, and ever will be as loyall and dutifell to the King, as [Page 35] any other of his Subjects; And of those too who h [...]d sub­scribed that unhappy combination, hee knew a great many had done it against their hearts and wills, and would bee ever ready upon occasion to remonstrate the same, by adhering to the Kings service: So that this accusation was nothing but a wrestling and perverting his words and meaning, of pur­pose to make him odious, and irritate a whole Nation against him.

For the other words, they were proved only by one wit­nesse, which could make no sufficient faith, and that wit­nesse too hee would evince, if not of perjury, yet of a nota­ble mistake; For hee had sworne positively that hee had spo­ken these words the tenth of October, whereas hee was come out of Ireland into England the twelfth of September before, and was at London the one and twentith.

For those that had sled the Kingdome because of that Oath he knew none such, and if they did, they fled into Scotland, which might sufficiently argue their intentions and resoluti­ons; For his part, if they were not willing to give that te­stimony of their Loyalty to their Prince, although hee had known of their departure, hee would have beene very loath to have kept them against their wills, but should have beene gladly rid of them, and have made them a Bridge to be gone rather then stay.

Upon Monday Master Whitlock proceeded to the 20 Article, Munday Article 20 the next 5 crowded together. and told him, that because the matter was intervenie [...]t, & con­similis naturae, they had resolved to joyne the five next Articles together, because all of them tended to one point or period, that is, to shew what bad Designe he had to have subdued the King­domes both of Scotland and England by force of Armes, and to reduce them to that arbitrary Government he had lately introdu­ced into Ireland.

The Lievetenant intreated that they would proceede ac­cording to the order praescribed by the House, which was Ar­ticle by Article; Hee said five Articles were many, the mat­ter weighty, his Memory Treacherous, his Judgement weake.

It was bitterly replyed by Master Glyn, that it did not be­come Glyns Ho­ny combe interposed. the Prisoner at the Barre, to praescribe them in what [Page 36] way they should give in their Evidences.

The Lievetenant modestly answered, that if hee stood in Strafford's Reply his place, hee would perhaps crave the like favour, unlesse his abilities did furnish him with more strength then he could fi [...]de in himselfe; for his part he was contented they should proceede any way, alwaies provided they would grant him a competent time for Replying.

Then Whitlock went on and told the Lords, that somthing in those Articles concerned the Scottish, somthing the English Nation, that which concerned the Scottish, hee reduced to five heads.

First, That the Deputy had said at the Councell-Board, that the Scotts demands conteined sufficient matter to perswade to an of­fensive Warre.

Secondly, That the same demands did strike at the Roote and Life of Monarchicall Government, and were only to bee answered by the Sword.

Thirdly, That he had caused some Scottish goods and ships, to be seized on in Ireland.

Fourthly, That he had engaged the Irish Parliament, by their Declaration, in that warre against the Scotts.

Fiftly, That by all possible meanes, hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects, and laboured to make a National-quarell between them and England, which, if the Kings piety, and the Prudence of better affected States-men had not prevented, could not have beene soadered up a­gaine without much blood.

Concerning England, his speeches were eyther before or af­ter the Parliament.

First, Before his Creature and Bosom-friend Sir George Rat­cliffe, he had said to Sir Robert K [...]ng, when hee was doubting how the King might have monies to pay his Armies, that the King had foure hundred thousand pounds in his purse, thirty thousand men in the field, and his Sword by his side, and if hee wanted money afterwards who will pitty him.

Secondly, That his brother Sir George Wentworth had said to Sir Robert Berington, upon the dissolution of the last Parlia­ment, that seeing the English would not grant supply to the King, [Page 37] it seemes they were weary of their Peace, and desired to be conquered a second time.

Thirdly, That hee himselfe, upon a dis [...]ourse with the Prima [...]e of Ireland, had said, that hee was much of the minde of those En­glish Divines, who maintayned it lawfull for a King, having tryed the affection and benevolence of his People, and then denyed their helpe, upon an inevitable necessity and present danger of the King­dome, that he might use his Prerogative for his owne supply, and the defence of his Subjects.

Fourthly, To the Lord Conway, in a discourse hee had said, that if the Parliament (meaning the last Parliament) should not grant a competent supply, that then the King was acquitted before God and Man, and might use the Authority put into his hands.

Fiftly, That hee did say at the Councell-Board, If the Parlia­ment should deny to helpe the King, hee would take any other way he could for his Majesties service and assistance.

His expressions after the Parliament were two.

First, That the Parliament had forsaken the King, and that the King should not suffer himselfe to be over masteredly the froward­nesse, obstinacy and stubbornnesse of his People.

Secondly, That if his Majesty pleased to imploy Forces, he had some in Ireland that might serve to reduce this Kingdome.

The Proofe for the Scots Particulars were these.

First, The Lord Traquiere, who was indeede very favorable to the Lord Lievetenant, and spake nothing to his disadvantage, but what was scrued from him, with much difficul [...]y hee told them, That when hee gave in the demands, he heard him say that it was high time for the King to put himselfe into a posture of Warre, but that first all the Councell of England said the same as well as hee. Secondly, That it was a double supposition. First, that the Demands were truely given in. Secondly, That there was no other remedy left but Armes to reduce them.

Secondly, The Earle of Mortons testimony (being sick him­selfe) was produced, and it was one and the same with the Article.

Thirdly, Sir Henry Vane was examined, who declared, that he had heard the Lievetenant to advise the King to an offensive Warre, when his owne judgement was for a Defensive.

Fourthly the testimony of the Earle of Northumberland, was [Page 38] produced, which was the very same with Sir Henry Vanes.

Fiftly, The Treasurer of England deposed the same with Troquiere.

Sixtly, One Beane, from Ireland, told that hee had knowne Shippes seized on there, but by whose procurement or Warrant he knew not.

To the Articles about England,

First, Sir Robert King and the Lord Ranelaugh deposed the same, that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article.

Secondly, Sir Robert Barrington, of Sir George Wentworth.

Thirdly, The Primates testimony (who is sick) was the same with the Article.

Fourthly, The Lord Conway deposed the same with this Article.

Fiftly, Sir Henry Vane deposed, He had heard those words spoken at the Councell-Boord.

For the Words spoken after the Parliament, to the first.

Sir Tho. Jermyne, Lord Newburg, Earle of Bristoll, Earle of Holland, were Examined, Bristoll did mince the matter, But Hollands testimony was expresse, because of the exceeding great Love he carried to the Man.

For the last, which were the most dangerous speeches (a­bout the reducing of this Kingdome) there was only Sr. Henry Vanes testimony who declared only thus, That hee had either those words or the like.

Here some of the Lievetenants friends shewed them­selves.

1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome, and withall said it was very hard to condemn a man for Treason upon such peettit circumstances.

2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not, Sir Henry said positively either them or the like, The Earle replyed that under favour those or the like could not be positive.

3, The Earle of Clare desired to know what could be ment [Page 39] by this Kingdome; for his part (he said) he thought it meant of the Kingdome of Scotland, to which the word this might very well be relative, that Kingdome being only mentioned in the praeceding discourse. And that he was the more ready to bee of that opinion, because he could not see by what Grammaticall construction it could be gathered from his words, that he meant to reduce England, which neither then was, neither is now (God be thanked) out of the way of obedience, nor upon Rebellious courses.

They at last concluded the Charge, That the words were so monstrous that to aggravate them, was to allay them, and therfore they would simply leave them to the judgement of the Lords.

The Lieutenants Reply was,

That though the heaping up of those Articles had put him to Straffords Reply. a great confusion, yet he would endeavor to bring his An­swere into the best method he could, and first he would reply to the Proofe, then add something in generall for himselfe, in what a hard taking and lamentable condition he was, to have his private discourses, his most intimate and bosome friends, search'd and sifted to the least circumstance, that he might seeme guilty of that which, by God's assiistance he should never be.

To the Lord Troqueeres and the Deputies depositions, hee thought their proofes did not much stick upon him, for upon the suppositions, first that the demands were true, secondly, that they were not justifiable, thirdly, that no other course could prevaile: Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre, especially seeing then there was frequent reports of the Scotts invading or entring into England, nor was he of any other minde then all the rest of the Councell-Board.

For that of Mortons, he doth not positively remember the words, but if the demands were read perhaps they would im­ply nothing lesse, and if so, how otherwise to be answered but by the Sword? All other meanes being first assayed, which is ever to be supposed.

For Sir Henry Vane and Northumberland's testimony, a­bout perswading of an offensive Warre, he said, Hee remem­bred [Page 40] it very well, and thought it as free for him to give his o­pinion for an offensive, as they for a defensive Warre: Opi­nions (said he) if they be attended with obstinacy or Pertinacy may make an Heretique, but that they ever made a Traytor, he never heard till now, nor (under favour) should I bee an Heretique eyther (said he) for as I was then so am I now, most willing to acknowledge my weakenesse and correct my errors, whereof no man hath more, or is more sensible of them then my selfe: yet, if that opinion of mine had beene followed, it might perhaps have spared us some money (said he) and some Reputation too, of which we have beene prodigall enough.

For the last, about the Ships, it proves nothing but he would willingly confesse, that some ships were there deteined and that by himselfe and his owne direction, as Vice-Admirall of Connaugh, but it was at the command of the Lord Admirall the Earle of Northumberland, and produced his Letter to that purpose.

To the English proofes, He mervailed much how Sir George Ratcliffe words could be put upon him, Sir George (though alleaged to be his bosom friend) yet had thoughts of his own, and might have some other thoughts in his bosom, and be to some other Expressions then Sir George Ratcliffe: No man (said he) can commit Treason by his Attorney, and should I, by my friend Sir George, as by a Proxie.

For his Brother, He never knew him before so rash, but that was nothing to him, except they could prove a neerer Identi­dy then nature had instituted, and that his brothers words and his were all one, yet withall he conceived that his Brothers words might be very well understood, of the Scotts conque­ring England, but not at all of the Irish, and so he wished, with all his heart, that he had not spoken somthing which is like Prophesy.

To the Primates Testimony (with all reverence to his integri­ty be it spoken) he is but one witnesse and in Law can prove nothing, add to this (said he) that it was a private discourse between him and me, and perhaps spoken by me tentandi gra­tia, and how farre this should be laid to a mans Charge, let your Lordships Judge.

Yea, this seemes to me against humanity it selfe, and will make the society of men so dangerous and loathsome to us, that our dwelling houses will be turned to Cells, and our Townes to Desarts: That which God and Nature, (our Tongues) have bestowed upon us [for the greater comfort of venting our own conceptions, or craving the advice of wiser and learneder men] shall become snares and burdens to us, by a curious and needlesse feare, yet if my words be taken, said he with all that went before and followed after, I see no danger in them.

To the Lord Conway I may Reply the same, with this addi­tion, That it is a very naturall motion, for a man to preserve himselfe; every Creature hath this priviledge, and shall we de­ny it to Monarchy, provided this be done in a lawfull, though in an extraordinary way, this graine of salt must be added to season all my discourse.

To that of Sir Henry Vane, of offering my service to the King, I thanke him for the Testimony, and thinke he hath done me much honour thereby, but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterpri­zes, I shall think them more lyable to the Charge of Treason then my selfe.

To the subsequent Testimonies, I shall not neede to wrestle about them much, only the last of Sir Henry Vane pinches, and lies sore upon me, but to that which the Earle of Clare (and I thanke him for it) hath said already, give me leave to add this, That the Testimony of one man is not a sufficient witnesse, nor can a man be accused, much lesse condemned, of Treason, upon this, and for that reade the Star. of Hen 7. 12. and of Edw. 6. 5.

Now my Lords (said he) to give you further satisfaction, I shall desire all the Lords of the Councell, which were then present (only to the number of eight) may be examined whe­ther they heard these words or not, for the Archbishop and Sir Francis Windebanke they cannot be had, Sir Henry Vane gives the testimony, I deny it, foure only remaine.

First, the Earle of Northumberlands testimony, which was read, had declared expressy that he had never heard those words, nor any like them from the Lord Strafford, but hee [Page 42] spake with great honour and regard to the Kingdome of England.

Secondly, the Marquesse Hamilton, who declared upon his oath, that hee had never heard such words, but that hee had heard the Lievetenant often say, that the King was to rule his Royall power Candi [...]è & Castè, that it would never be well for this Kingdome, till the Praerogative of the Crowne, and the Priviledge of the Subject went in one pace together, and that Parliaments were the happiest way to keepe a correspon­dency betweene the King and People.

The very same was delivered by the Lord Treasurer, and the Lord Cottington.

Now, my Lords, you may mervaile how these words rested only on the eares of Sir Henry Vane, but my Lords, said hee, that I may remove all scruple from you, I will make it evident that there was not the least intention that the Irish Army should set a foote in England, and then I hope you will con­ceive that I had no meaning to reduce this Kingdom.

This he made cleere by the testimony of Northumber­land, the oathes of Marquesse Hamilton, Lord Cot­tington, Lord Treasurer, Sir Thomas Lucas, who only were private to that matter.

For other of my words my Lords (said he) I desire you would not take them by halves, if so, who should be free from Treason? Certainly, if such a praecedent take footing, West­minster-hall shall be more troubled with Treason then with Common-Law, looke therefore to the Antecedents and Con­sequents of my speeches, and you shall finde the state of the question cleerly altered; the Antecedents were upon an abso­lute or inevitable necessity, upon a present invasion, when the remedy of a Parliament cannot be expected; the Consequents for the defence of the Kingdome, with accompts afterward to the Parliament. The qualifications too in a lawfull, conveni­ent, and ordinary way, so farre as the present necessity can permit. Add but these, and which of you are not of my mind? Is the King endowed with no power from the Lord? Is hee not publicus Inspector Regni? Stands it not him in hand to do somthing on present necessities.

And that these were his words he often proved, over and o­ver [Page 43] againe, by the Marquesse, by the Lord Treasurer, Cotting­ton, Sir Tho. Jermin [...].

My Lords, what I have kept to the last (said he) is this, and I would intreate you seriously to thinke of it; If a mans Ta­ble, his Bed, his House, his Brother, his Friends (and that too after they have given an oath of secrecy) to be rak't to finde out Treason against him, who never knew what it meant, what earthly man shall passe free from Treason? Let my misfor­tune my Lords, be your advertisement, your wise Ancestors were glad to put bands and limitts to this Lion Treason, if you give him the large scope of words to range into, he will at last pull you or yours all to peeces.

But my Lords, I did never thinke till now, that matter of O­pinion should be objected as matter of Treason.

For, first opinions are free, and men may argue both pro & con. in all faculties without any staine of his reputation, other­wise all consultations would be vaine.

Secondly, I may be of another judgement then I declare my selfe to be of opinion, perhaps to gaine better Arguments for the maintenance of my owne Grounds.

Thirdly, Many, and my selfe often times, have propounded my Opinion, yet upon hearing better judgements, have pre­sently changed it.

Fourthly, We use to strayne our opinions too high, some­times, that we may meete in a just moderation with those whom we conceive in the other extremity to be too low.

Fiftly, It is expresly commanded by the Star. Hen. 6 9 that though a man should say the King is not lawfull heire to the Crowne, and may be deposed, yet he is not to be charged with Treason, but only with Felony, And I hope my Lords, those words are of a more transcendent and superlative nature, then any alleaged by me to he spoken: But my Lords (said hee) lay it to your hearts, it must come to you, you and your po­sterity are they whom God and Nature, Byrth and Education have fitted to beautify the Royall-Throne, and to susteine the weighty affaires of the Kingdome, If to give your opinions in Politicall Agitatious shall be accounted Treason, who will be willing to serve the King, or what a dilemma are you in; If, being sworne Councellors, you speake not your minds freely [Page 44] you are convict of perjury, if you doe, perhaps, of Treason. What detriment! what Incommodity shall fall to King and Kingdome, if this be permitted? Which of you hereafter will adventure, yea dare adventure, so much as to helpe by your ad­vise, unlesse you be weary of your lives, your estates, your po­sterity, yea your very Honour; Let me never live longer then to see this confusion, yea I may say it, this inhumanity in Eng­land, for my part (my Lords) I here confesse my selfe, I ever have, and ever shal speake my opinion freely, in any thing that may concern the Honor and safety, eyther of my gracious King or my deere Countrey, though the sword be two edged, fea­ring rather him that killeth the Soule, then him whose power reacheth only to the body.

Nor doe I see how I am culpable of Treason, unlesse it bee treason for not being infallible, and if it be so, my Lords, you have this rag of mortality before you, loaden with many infir­mities; though you pull this into shreds, yet there is no great losse, yea there may be a great gayne, if by the same I may seeme to have dared too farre, to give a testimony to the World of an Innocent conscience towards God, and a Reso­lute loyalty towards my Prince [which have ever beene my on­ly Pole-starres in the whole course of my life] and if by spil­ling of mine, there be not a way found how to trace out the blood of the Nobility (which I hope your Lordships will looke too) there is no disadvantage at all suffered by the losse of me. You have his very words as neere as I could recollect.

Tuesday was a day of Rest.

Upon Wednesday Whitlock Charged thus: That the praece­ding Wednesday Whitlocks Cha [...]ge. Articles were of so high a consequence, and of so transcendent a Nature, that nothing wanted to make up the perfect measure of the most horrid Treason, and monstrous Attempt that ever, by a Native, was intended against his King and Country: But put­ing these defigned projects into Extention, which had undoubtedly hapned to the ruine and subversion both of Church and State, had not the clemency & goodnesse of the Prince, and the Piety and carefulnesse of the well affected Peeres timously foreseene and pre­vented the same; that still the Principles of Tyrany and Oppressi­on had lodged within his bosome, and therefore had burst forth into [Page 45] these expressions and advises conteined in the following Articles, where first, in the twenty fifth, they Charged him with three things.

First, That hee had advised the King to a rigorous and unlaw­full exaction of Ship-money.

Secondly, That he had given Councell, that if the Shreeves should deny their best endeavors, and assistances to that effect, they should bee sent for and fined by the Starre-Chamber, and Imp [...]isonment.

Thirdly, That when the Aldermen of London, had in all humi­lity represented the Causes why the Ship-money could not be colle­cted amongst them, and had given in the Reasons why they refused to give in a List of their names, within their City, who were able to affoord the Loan-money; Hee in a contemptuous & Tyranni­call manner, in the face of the Councell-Boord had said to the King, Sir, These men because of their obstinacy and frowardnesse, deser­ved very well to bee fined, ransomed and layed by the heeles: And it will never goe well with your service, untill some of them be h [...]ng­ed up for examples to other.

The Proofes were these:

First, The Bishop of London, Lord Treasurer, who declared that he remembred the words very well, that the Lord Lievete­nant had advised the King to cause the Ship-money to be gathe­red in, but he remembred withall, that both himselfe and all the Councell had done the like, and that it was upon a present ne­cessity, and defect of money, for entertayning the Army, which (the condition of the times considered) they all conceived, was by any meanes to bee kept on foote.

Secondly, Alderman Wiseman declared, that upon an humble Remonstrance made to the Councell-Boord, the City would take it ill, if a Tax-role should be delivered of their estates, who were thought able for the Loan-money; the Lord Strafford said, they deserved to bee fined, ransomed, and laid by the heeles, but for the words of hanging them up, hee heard not at all.

Thirdly, the Earle of Barkeshire declared, that the Lord Straf­ford had said, that upon the refusall of such a service enjoyned by the Kings peremptory command, it was his Opinion, they might be fined.

Fourthly, Alderman Garway attested the preceding words, and withall added, that the Lord Lievetenant, to his best remem­brance, had said, It were well for the Kings service if some of theem were hanged up.

They closed the Charge, That by such undutifull expressions, he had injured the propriety of the Subject, and had put such d [...]scontent upon the City, that they were the lesse willing upon any occasion to concurre for the advantage of the Kings service.

The Lievetenant Replyed:

First, That though all the Charge were, in the most strict Strafford's Reply. and rigid way or sence verified against him, yet hee could not conceive by what interpretation of Law it could be rech't home to high-Treason, And to that common objection (that the treason was not individuall but Accumulative) hee replyed that under favour he thought to that manner, were as much as to say, no Treason at all: Because,

First, That neither in Statute Law, Common Law, nor pra­ctise, there was ever, till this time, heard of such a matter as Accumulative-Treason, or a Treason by way of consequence, but that it is a word newly coyned to attend a Charge newly invented, such an one as never was before.

Secondly, That treason was a thing of a simple and specifi­cative nature, and therefore could not be so by accumulation, but eyther must be so in some, or eyther of the Articles, or else could not be so at all.

Thirdly, Hee did conceive that it was against the first princi­ples of Nature, and false; therefore could not be so by Accumula­tion, but eyther must be so in some or each of the Articles, or else could not be so at all. That a heape, or Accumulation, should be and not be of Homo-geneous things, and thrrefore that which, in its first being, is not treasonable, can never confer to make up an accumulative Treason, Cumulus, an heape of Graine, so called because every, or at least some of the indi­viduals are graine; if otherwaies, an heape it may be, but not an heape of graine: Just so, perhaps these Articles may make up an heape of Felonies, Oppressions, Errors, Mis-demeanors, and such like (and to the thinge it selfe I shall give an answere when, under that name, they shall be Charged against me) but they can no waies conferre to the making up of Treason, un­lesse [Page 47] some, at the least, bee Treason in the Individuall.

Secondly, That the testimonies brought against him, were all of them single, not two one way, and therefore could not make Faith in matter of Debt, much lesse in matter of Life and Death; yea, that it was against the Statute expresly, to im­peach a man of high-Treason under the evidence of two fa­mous witnesses, much lesse to adjudge and convince him upon attestation of one.

Thirdly, To the Lord-Treasurors testimony, he did with all his heart condiscend unto it, but upon these grounds only, that there was a present necessity of money, that all the Coun­cell-Boord had so voiced with him, yea before himselfe, and he allwaies thought it presumption in a man, not to follow the wiser and more judicious, And that there was then a Sentence of the Starre-chamber, for the right of paying Ship-money; for his part, he would never be more prudent then his teach­ers, nor give judgement against the Judges, And therefore he thought it not farre amisse to advise the King for the collecting of that, which by Law was his owne, in such a present and ur­gent necessity, and although his opinion (and it was no more) had beene amisse, he hoped, that though in case of Religion, being attended with stubbornnesse and pertinacy, it might come home to Heresie, yet in his case opinion could not reach so farre as Treason; unlesse it be Treason for a man to speake his judgement freely, when he is upon his oath to doe the same.

Fourthly, For the words about [...]ining, he had already ac­knowledged in his generall Answeres to be true, but with these qualifications, that it was his opinion only, that it was upon the refusall (as he conceived) of a just service, that hee had spoken them, by no meanes to praejudice the Citizens, but to make them the more quick and active in the Kings service: that no ill consequence at all hapned upon them; that they were words might have beene spared indeede, but innocently, though suddenly, spoken; which he hoped might proceede from a man of such a hasty and incircumspect humor as him­selfe (made so both by nature, and his much infirmity of body) without any minde at all to Treason, And that if all Cholle­rick expressions, of that nature, should bee accounted treaso­nable, [Page 48] there would be more suits, of that kinde, fly up and down Westminster-hall, then Common-Law.

Fiftly, To those words attested by the Alderman, hee posi­tively denyed them, and hoped they should never rise up a­gainst him in judgement, because the testimony was single and not positive, but only to his best remembrance, and that it was exceeding strange, that not any one man, neither of the Coun­cell or other Aldermen were so quick to observe them, but only Alderman Garway, which he thought sufficient to nullifie that single testimony, except he could demonstrate himselfe to have some rare and singular faculty of hearing.

In the Close, He desired the Lords, from his misfortune, to provide for their own safety, and seriously to consider what a way was chalked out to ruine them, both in their lives and their estates, if for every opinion given in Councell, or words sud­dainly or hastily spoken, they (who are borne to weild the great affaires of the Kingdome) should be arraigned and sen­tenced as Traytors.

Then they went to the twenty sixth Article and Charged thus:

That the Lord Strafford, having by his wicked advices exhausted Charge Article 26 the Kings Treasury, did also Councell him:

First, To imbase the Coyne, by an allay of copper-money.

Secondly, To seize upon all the Bulloyne in the Mint.

Thirdly, That in discourse with some of the Aldermen, about that businesse, he had said, the City was more ready to countenance and relieve the Rebells then the King; and that the King of France did use to mannage such businesses, not by Treaties or Re­quests, but by sending forth his Commissaries to take Accompt of mens Estates, accompanied with Troopes of Horses.

The Proofes were.

First, Sir Thomas Edwards, who declared, that in discourse with the Lord Strafford, having remonstrated unto him, that their goods were seized on beyond Seas, because of the mony taken out of the Mint; he told him that if the Londoners suffered it, it was deservedly, because they had refused the King a small Loane of money upon good security, and that he thought them more ready to helpe the Rebels then the King.

Secondly, Mr. Palmer declared that he spake something about [Page 49] the King of France, but whether with relation to England or not, hee did not remember.

Thirdly, Sir William Parkise attested in the same words, and withall that the Lord Cottington was then present, and could declare the whole businesse.

Fourthly, Sir Ralph Freeman declared, that in a discourse with the Lord Strafford hee had said that the servants in the Mint-house would refuse to worke the Copper mony, And hee replyed, that then it were well to send those servants to the house of Correction.

They closed the Charge, That by such undutifull Councell and words, hee had given more then sufficient proofe, of his De­signe and purpose to subdue this Kingdome, and subvert the fun­damentall Lawes, and priviledges of the same.

The Livetenants Reply.

First, That he had expected some proofs about the two Straffords Reply. first particulars, but did heare of none, and that it was no small disadvantage to him, to bee charged with a great many odious crimes, by a booke printed, and flying from hand to hand, through the whole Kingdome, yet when they came to prove there should bee no such thing layd against him.

Secondly, About the Speeches. Hee ingeniously con­fessed that some such thing might perhaps have escaped the dore of his lipps, when hee saw their backwardnesse to his Majesties service, and as the times were [...] conditioned hee did not think it much amisse to call that faction by the name of Rebells, But yet hee thought hee had abundantly satisfied for that oversight, (if it was any) at Yorke : For having understood there that the Citty of London were willing to make a Loan of mony, he there before the great councell of the Peeres, expressed himselfe to this sence, That the Londoners had sufficiently made up all their delayes hitherto by their Act, that the King was obliged to their forwardnesse, and that hee himselfe should bee as ready to serve them as any poore Gen­tleman in England: About the other words hee said, that being in conference with some of the Londoners, there came at that time to his hands a Letter from the Earle of Leicester, then at Paris, wherein were the Gazets inclosed, reporting that the Cardinall had given some such order, as to leavy [Page 50] mony by forces, This hee said hee only told the Lord Cotting­ton standing by without the least application or intention concerning the English Affaires, Cottington being examined upon this, declared the same in the same manner.

Thirdly, To Sir Ralph Freeman, hee said, that his teste­mony did not concerne the Charge at all, nor did hee think any thing amisse in it, though hee had said it; if the servants of the Mint refused to worke, according to directions they did deserve the house of correction, nor was it Treasonable to say the King might use that house for the correction of his servants, as well as any man in the Citty for theirs.

Fourthly, Hee said that there was no great likelyhood that hee had committed reall Acts of Treason, when his ad­verse party was content to trifle away so much time about words, neither was there any Treason in them, though they had beene fully verified, and therefore in that (as in all other Articles) hee reserved a power for his Councell to dispute in matter of Law.

They went to the twenty seveneth Article and charged thus, That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England, hee shewed what Principles of Arbitrary government lurked within his bosome, for by his own immediate au­thority, without and against Law, hee had layd Impost of mony upon the Kings Subjects, where they mention three particulars.

First, That hee had imposed 8. d. per diem, upon the County of York, for enterteining the trayne Band, there one whole Moneth.

Secondly, That hee had sent out warrants for collecting the same, and threatned to imprison such as should refuse to pay.

Thirdly, That hee said that it was a Crime nigh to the Crime of high Treason, Not to pay the same.

Fourthly, They added that in his generall Replyes, hee had brought two things for his defence, first, that this mony was freely and Voluntarily offered by those in Yorke-shire; secondly, that the great councell of the Peers had notice of the same.

To the first they answered that a petition was indeede preferred by the Yorke-shire men, and a Moneths pay offered, but that the Lord Strafford had refused to present the same upon this exception only, because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way.

To the second they appeald to all the Lords present whether any such order did passe, before the Councell of the Peeres at Yorke.

The Proofs were.

First, A Warrant issued by Collonell Pennyman, for this mo­ny, and anorher by S [...]r Edward Osborne.

Secondly, Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order, and withall added that it might have passed at that time, when he [...] attended at Rippon,

Thirdly, Master Dunston who declared, that hee had known that mony Levyed by some Musquetiers.

Fourthly, By Sir William Ingram who declared that hee had heard the Livetenant say, that to refuse the same, came nigh to the Crime of high Treason.

They concluded the Chrage that by these particulars, It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome, and subvert the fundamentall Lawes and priviledges.

First, To the Petition, That it was a true Petition, drawn Strafford's Reply. up by the York-shire Gentlemen, and as true that hee had re­fused to present the same, because of that clause about the Parliament, but the matter was thus; At his Majesties com­ming to York it was thought necessary for the defence of that County, to keep the Trayned Bond on foote because the Ene­my was upon the borders, and therefore the King directed him to write to all the free-holders in York-shire, to see what they would do for their own defence.

The time and place were designed by the King, but the night before the meeting, a small number convented, and in a private and factious way, did draw up that petition; upon the morrow at their appointed Dyet, in presence of the whole number, the Petition was presented to him, where hee did advise them to leave out that clause, and that because hee knew the King out of his own gracious disposition had intended to call a Parliament, which he desired should rather be freely done, then upon the constraint and Importunity of Pe­titions, moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence, and withall [Page 52] to petition for his favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of mouth, to offer unto the King the moneths pay in their names, which hee did accordingly, in the presence of fortie of them to their no small advantage.

This hee proved by Sir William Pennyman, Sir Paul Neale, Sir George Wentworth, Sir William Savill, Sir Thomas Danby, who all of them declared as much in ample termes, and with­all added that nothing was done upon better grounds, of ne­cessity and obedience then the offer of that money, and that they never had heard any man grudge against it to this time.

For the second, about the councell of Peeres, hee alleadged that hee never made mention of any order of theirs, but hee remembered very well it was twice propounded before them, that the King had approved it at that time a Just and necessary act, and none of the Councell had contradicted it, which hee conceived as a tacit approbation and an order in Equivalence.

But though that had not beene, yet there was nothing done in the businesse, but at the speciall desires of the Gen­tlemen themselves, & for their necessary defence & protecti­on, yea though hee had done it by himselfe alone, yet hee con­ceived hee had so much power by his Commission, causing the Commission to that effect to bee read: That albeit he should mistake his Commission and doe some inferiour Act beyond it (because Military proceedings are not allwayes warranted by the Common Law) yet it should not bee im­puted as an Act of Treason to him.

And to this effect read a Statute of rhe seveneth of Henry the second.

To the Proofs.

First, Collonell Pennymans warrant, or Sir Edward Os­bornes, it nothing concerned him, and hee doubted not but these worthy Gentlemen could Justifie their own Act, and that hee had enough to doe to answer his own Misdemeanors.

Secondly, For Sir John Burrowes, hee was at Rippon when that Proposition was made.

Thirdly, That as the warrant, so neither the Execution troubled him at all.

Fourthly, For Sir William Ingram, hee was but a single testimony and that such an one too as hee could produce an evidence to testifie, hee had mistaken himselfe in his testimo­ny upon oath, if it were not to disadvantage the Gentleman.

Hee concluded that hee had done nothing in that businesse, but upon the petition of that County, the Kings spetiall com­mand, the connivence at least of the great councell, and up­on a present necessity for the defence and safety of the Coun­ty. And so much for Wednesday.

Upon Thursday the Committee for the charge, declared that Thursday. Charge Sir Wal­ter Ecarles Observa­tions. they had done withall the Articles, and were content to wave the last for reasons best known to themselves, only Sir Walter Earles added that hee had some observations to bring forth, upon the two and twenteeth Article which hee conceived might doe much, to prove the Lord Straffords designes for Land­ing the Irish forces in England.

And they were.

First, That in his Commission hee had power to land them in Wales, or in any part of England, or in Scotland, which were all together superfluous unlesse there had beene some purpose for the same.

Secondly, That within two dayes before the date of the Com­mission, Letters were sent to the Lord Bridgewater, and Pem­broke from Sir Francis Windebanke to assist the Earle of Wor­cestor, in Levying forces for the Kings service, and these might bee supposed to have intended ajoyning with the Irish.

Thirdly, That the Lord Ranelaugh at the raising of the Irish Army, did feare, such a Designe as this.

Fourthly, That the towne of Ayre in Scotland, where the Lord Strafford pretended he would land those forces, was fortified with a Bulworke, a Garrison, and Block-house which would prohibit landing there, that the Earle of Argiles bounds were divided thence by the Sea, and that the Barr or entrie into the towne, was very dangerous and shallow.

The Proofes were only the reading of the Commission grant­ed to the Lord Strafford.

The Livetenants Reply.

First That his Commission was the same Verbatim with Northumberlands for England, and that it was drawn up by [Page 54] the Councell board heere, and sent over unto him; So no more designe in him then in the Gentlemen of the English Army, nor no larger then that was put upon him.

Secondly, That this was the first time hee heard of any such Letters, nor did they concerne him more then any of the House.

Thirdly, That hee was not bound to purge the Lord Rane­laugh from all his feares, and that he had his own feares too, which God forbid should be evidence of Treason against any man, whatsoever.

Fourthly, That it seemed the Gentleman had better Infor­mation from that Kingdome then himselfe, yet hee would be confident to say at Ayre, there was never such a thing as a Block-house or Garrison. But to remove all scruples, (for indeede the Roade or landing place is not there safe) hee de­clared that it was his intention to have landed some miles above Ayre, and made only his Mag [...]zine of that towne.

To the Earle of Argiles bounds hee hoped the Gentleman knew, they came not on foot out of Ireland, but had shipps to waft and transport themselves and that one of his prime Houses (Rosneth) was within some few miles of the same frith.

The Lord Digby finding Sir Walter Earles on ground did handsomely bring him off, and told the Lords that all their proofs for that Article were not yet ready, that this was a Superfaetation onely, of the charge, and that in such a busi­nesse as the plotting of Treason, they must be content some­times, with darke Probabilities.

Then Master Glyn desired the Livetenant to resume his defence, Glyns charitable speech. that they might give a repetition of their Charge, and so close the processe so farre as concerned the matter of Fact.

Hee replyed that in his case all sl [...]cknesse is speede enough, the matter touched him narrowly even in his life and estate, Straffords Reply. yea in that which hee esteemed above them both, his honour and his posterity, and therefore hee confessed hee had no de­sire to ride post in such a business [...]. That hee knew the Gen­tlemen at the Barre, if they were in his case would think the time little enough, except their more able Judgements could sooner dispatch the matter in hand, And therefore hee humbly [Page 55] intreated that that day might be granted to him for strengthen­ing himselfe, and recollecting his thoughts and spirits, and tomorrow he would be ready with his last Replies for himselfe, which after a little Ceremony and contestation, was condiscen­ded unto by the House of Commons.

Upon Friday morning, about eight of the clock, the Lievete­nant Friday he was hin­dred from coming by a sit of the stone. of the Tower, and my Lords chamber-Groome came to the Hall, and gave information to the House, upon Oath, that the Lord Strafford was taken with an exceeding great paine, and fit of the Stone, and could not upon any conditions stirre out of his Bed.

Master Glyn Replyed, That it was a token of his willfullnesse, Glyn a­gaine. not his weakenesse, that hee had not sent a Doctor to testifie the same.

The Lord Steward made answere, that a Doctor could not be had perhaps so soone in the morning, nor was it possible for any Phisitian to give a certaine judgement concerning a mans disabi­litie by the Stone; Because there is no outward Symptomes that appeare.

Master Glyn excepted, That if he did not appeare upon Satter­day morning, he should lose the priviledge to speake in his owne defence afterwards, and they permitted to proceede.

The Lord Steward Replyed, that the Lords had appointed foure of their number to goe to the Tower and learne the just cause of his stay, and if by any meanes he were able, he should be oblieged to come then, if not, Humanity and common equity would excuse him.

Master Glyn proffers new proofes concerning the two and twentith Article.

Upon Satterday morning he presented himselfe at the Barre, Satterday. [Page 56] where he expected nothing but repetitions of Charges and Defen­ces, but meane while Master Glyn proffers some new proofes con­cerning the two and twentith Article, which the noble Lord re­fused, alleaging the Processe was closed; Master Glyn answered, the Processe is not closed, as long as the businesse stands unrepea­led; And that it did not become a Prisoner at the Barre to pre­scribe a Method of proceeding to the House of Commons in England.

It was answered by the Lord Lievetenant, that he thought it stood him in hand as neerely to maintain his life, as it did a­ny to pursue him for it, yet he was willing they should bring in new proofes, provided that he might have time to make new Replies, and withall use some new witnesses in some Articles, that concerns his justification.

The Lord Newarke, upon these motions desired rhe House might be adjourned; after two houres stay, and a hot conflict among the Lords, they returned, and the Lord Steward commanded the Order to bee read, which consisted of two Articles.

First, That it was granted unto them to bring in proofes concerning the two and twentith Article, so it was to the Lord Strafford to make his Replies, and use his witnesses concerning the same.

Secondly, That if they went to no more Articles, no more should the Lord Strafford; but if they did, that hee might pitch upon any one Article as he pleased.

The House of Commons presently declined all other Articles, and conceived the Order expresly for them, restrayning him from all other Articles, except that only.

He conceived the Order was for him, and said, that seeing they had pickt out their Article, it was against all common Equity to tie up his hands, and not admit of a common rule for them both; They replyed, that when the Article was canvased they reserved witnesses till another time; Hee answered, that he had done the same upon every Article; They Replyed that the House had refused his Reservation; He answered, nor had they passed an Order for theirs.

Upon this new contestation the House rose againe, and was ad­journed. It is supposed that the House of Commons had the bet­ter [Page 57] ground, because they had particularly named their witnesses in their Reservation, The Lord Strafford not so, they pressed but one Article, hee many: But such was the pleasure of the Lords, that though the matter did not deserve to bee much stood upon, yet after two houres vehement agitation of the businesse in the upper-house, they returned, and the Order was in his favour to this effect.

First, That both of them should wave their new ptoofes, and goe immediatly to that which followes.

Secondly, If they would not doe so▪ the Lords conceived them­selves common Judges to both, and therefore would not deny Strafford the liberty of pitching upon what Article hee pleased, as they had done.

Thirdly, That both of them should name their witnesses at the Barre instantly.

The Commons were much grieved at this, yet desired him to nominate his witnesses, if he would make any benefit of the Or­der; He answered that he would nominate after them, because they were first in order; they replyed that he knew their Article, they not his: He said hee was to bring proofes about the second, fift, thirteenth, and the fifteenth Articles, and did desire them that they would now proceede to nomination.

But they told him they could not embrace the Order, without advice of the whole House, then on a suddaine, a mighty noyse followed of the whole House, Withdraw, Withdraw, and was in so uncouth and tumultuous a confusion, that it produced both admiration and feare in the beholders, wherein we might easily feele the pulse of a distempered State; both the Houses brake up, not apointing so much as the next Diet, each mans countenance spake anger and discontent, and nothing sounded in our eares all Sunday but terrors and affrightments, of a present division and breach between the two Houses; That the House of Commons would declare him a Traytor, and all such Lords too, as were his adherents, That he should be no more heard in publique, That (though parties and not his Peeres) they would vote in his Sen­tence, Munday spent in a conference betwixt botb Hou­ses. That a Bill of Attainder should presently be drawn up a­gainst him, and that nothing could content them but present exe­cution, Big words flew up and down all Monday.

That whole day was spent in a conference betwixt the Houses [Page 58] without any meeting in the Hall, but the Lords (who had learned as it seemes to force their owne ruine by his misfortune, and now conceive that Monarchy and Nobility are of such Identidy, that one and the same is the diminution of both (kept fast to their con­clusion and would not passe from their Order, notwithstanding all the many dangers represented, so that the house of Commons were constrained, at last, to give way, and embrace the first part of the Order, by waving witnesses on both sides.

This hath beene no small discouragement to his Enemies, for a more reall Demonstration of his party amongst the Lords, could not have beene shewn.

Upon Monday, some of the Lords went so high in their heate, as to tell the House of Commons, that it was an un-naturall mo­tion for the head to be governed by the tayle, That they hated Rebellion as bad as Treason, That the same blood that ennobled their Ancestors, did move also in their veines, and therefore they would never suffer themselves to bee suppressed by a popular faction.

After a great deale of storme all was (as well as might be) soa­dered up againe, and Tuesday appointed to be the day for the Lievetenant to resume his Defences, for then their Charge, with­out any more proofe, to be used on eytherside.

Upon Tuesday the Lord Steward, at the entrie told them the Tuesday Lords had Ordered, that both their testimonies should be waved that they should proceede immediatly to what followed, so that that day might put an end to what concerned the matter of Fact.

The Lord Lievetenant Replied, That in all humility and o­bedience, Straffords Reply. he would submit himselfe to that or any other their Decrees whatsoever, though it should reach as farre home un­to him as his owne life; but withall humbly begged, That if hereafter hee should be troubled (for they were to speake last) with new matter, or with supplementall Proofe, hee might have leave to speake something in his owne Defence.

The Lord Steward answered, It was all the reason in the world.

The Lievetenant went on thus:

MY LORDS,

This day I stand before you Charged with high-Treason, My Lord Straffords, last speech in the Hall the burthen is heavie, yet farre the more, in that it hath bor­rowed the Patrociny of the House of Commons; If they were not Interessed, I might expresse a no lesse easie, then I doe a safe issue and good successe to the businesse: but let neyther my weakenesse pleade my Innocence, nor their power my guilt. If your Lordships will conceive of my Defences, as they are in themselves, without referrence to eyther (and I shall en­deavor so to present them) I hope to goe away from hence as cleerly justified, as I am now in the testimony of a good Con­ference, by my selfe: My Lords, I have all along my Charge watched to see that poysoned arrow of Treason, that some men would faine have to be feathered in my heart, and that deadly cup of wine, that hath so intoxicated some petcy mis­alleaged Errors, as to put them in the elevation of high-Trea­son, but in truth it hath not beene my quicknesse to discern a­ny such Monster yet within my breast; though now perhaps, by a sinistrous Information, sticking to my cloathes: They tel me of a two fold Treason, one against the Statute, another by the Common-Lawe; this direct, that consecutive; this in­dividual, that Accumulative; this in it selfe, that by way of construction.

For the first, I must and doe acknowledge, that if I had the least suspition of my owne guilt, I would spare your Lordships the pains, cast the first stone at my self, & passe Sentence of con­demnation against my selfe: And whether it be so or not, I refer my selfe to your Lordships judgement and Declaration: You, and only you (under the favour and protection of my gra­cious Master) are my Judges, under favour none of the Commons are my Peeres, nor can they be my Judges; I shall ever celebrate the providence and wisdome of your noble An­cestors, who have put the keyes of Life and Death (so farre as concerns you and your posterity) into your own hands, not into the hands of your inferiours: None but your own selves know the rate of your noble blood, none but your selves must hold the ballance in dispencing the same.

I shall proceede in repeating my Defences, as they are re­duceable to these two maine points of Treason, and for Trea­son against the Statute (which is the only Treason in effect) nothing is alleaged for that, but the fifteenth, two and twen­tith, and twenty seventh Articles. Here he brought the sum of all his Replies made to these three Articles before, and al­most in the same words as before; only that testimony of Sir Hen [...]y Vanes, because it seemed pressing, he stood upon it and alleaged five Reasons for the nullifying thereof.

First, That it was but a single testimony, and would not make Faith in a matter of Debt, much lesse in a matter of Life and Death, yea that it was expresly against the Statute to im­peach (much lesse to condemn him) upon high-Treason, un­der the testimony of two famous witnesses.

Secondly, That he was dubious in it, and exprest it with an as I doe remember, and such, or such like words.

Thirdly, That all the Councell of eight, except himselfe, dis­claime the words, as if by a singular providence they had taken hold of his eares only.

Fourthly, That at that time the King had levied no forces in Ireland, and therefore hee could not bee possibly so impudent as to say to the King that hee had an Army there which hee might imploy for the reducing this Kingdome.

Fiftly, That he had proved by witnesses beyond all excepti­ons (Marquesse Hamilton, the Lord Treasurer, the Earle of Northumberland, Lord Cottington, Sir William Pennyman, and Sir Arthur Terringham) that there was never the least intention to land those Forces in England. Hee went on

So much for the Articles that concerne Individuall Treason.

To make up the Constructive-Treason, or Treason by way of Accumulation; Many Articles are brought against me, as if in an heap of Felonies or Misdemeanors (for in their conceit they reach no higher) some prolificall seede apt to produce what is treasonable, could lurke: Here I am charged to have designed the ruine and overthrowe both of Religion and State: The first seemeth rather to have beene used to make me odious then guilty, for there is not the least proofe alleaged concerning my confederacy with the Popish-faction, [Page 61] nor could there be any indeede; never a servent in Authority beneath the King my Master, was ever more hated and maligned by those men then my selfe, and that for an Impar­tiall and strict executing of the Lawes against them.

Here your Lordships may observe that the greater number of the witnesses used against me, eyther from Ireland or from Yorkeshire, were men of that Religion: But for my owne Resolution (I thanke God) I am ready every houre of the day to seale my disaffection to the Church of Rome, with my deerest blood.

But, my Lords, give me leave here to poure forth the griefe of my Soule before you, these proceeding against me seeme to be exceeding rigorous, and to have more of praejudice then e­quity, that upon a supposed Charge of my Hypocrisy or Er­rors in Religion, I should be made so monstrously odious to three Kingdomes; A great many thousand eyes have seen my Accusations, whose eares shall never heare, that when it came to the upshot I was never accused of them, Is this fayre dea­ling amongst Christians? but I have lost nothing by that: Po­pular applause was ever nothing in my conceipt, the upright­nesse and integrity of a good Conscience, was and ever shall be my continuall feast; and if I can be justified in your Lordships judgements from this grand imputation (as I hope now I am, seeing these Gentlemen have throwne downe the Bucklers) I shall account my selfe justified by the whole Kingdome, be­cause by you, who are the Epitomy, the better part, yea the ve­ry Soule and life of the Kingdome.

As for my Designe against the State, I dare pleade as much Innocency here, as in matter of my Religion: I have ever ad­mired the wisdome of our Ancestors, who have so fixed the pillars of this Monarchy, that each of them keepe a due pro­portion and measure with other, and have so handsomly tyed up the nerves and sinnews of the State, that the strayning of a­ny one may bring danger and sorrow to the whole oeconomy. The Praerogative of the Crowne, and the Propriety of the Subject, have such mutuall relations, this takes protection from that, that foundation and nourishment from this. And as on the Lute, if any one string be too high or too lowly wound up, you have lost the Harmony, so here the excesse of [Page 63] a Prerogative is oppression of pretended Liberty in the Sub­ject, Disorder and Anarchy. The Praerogative must be used as God doth his omnipotency, upon extraordinary occasions; the Lawes (answerable to that potentia ligata in Creaturis) must have place at other times: And yet there must be a Prae­rogative, if there must be extraordinary occasions; the Pro­priety of the Subject is ever to be maintayned, if it goe in e­quall pace with this: They are fellowes and companions that have and ever must be inseparable in a well governd Kingdom; and no way so fitting, so naturall to nourish and entertayne both, as the frequent use of Parliaments: By those a com­merce and acquaintance is kept, betwixt the King and Sub­ject, these thoughts have gone along with me these fourteene yeerers of my publique employments, and shall God willing to my Grave; God, his Majesty, and my owne Conscience, yea and all those who have beene most Accessory to my inward thoughts and opinions can beare me witnesse, that I ever did inculcate this; That the happinesse of a Kingdome consists in a just poize of the Kings Praerogative, and the Subjects Liber­ty. And that things would never goe well till They went hand in hand together.

I thanke God for it, by my Masters favour, and the pro­vidence of my Ancestors, I have an estate, which so interres­seth me in the Common-wealth, that I have no great minde to be a slave, but a Subject; nor could I wish the Cards to be shuffled over againe, upon hopes to fall upon a better Set: nor did I ever nourish such base, mercenary thoughts, as to become a Pander to the Tyranny and Ambition of the greatest man living: no, I have and ever shall aym at a fayr, but a boun­ded Liberty, remembring allwaies that I am a free-man, yet a Subject: that I have a Right, but under a Monarch. But it hath beene my misfortune now when I am gray-headed, to be Charged by the Mistakers of the times, who are now so highly bent, that all appeares to them to be in the extreme for Monarchy, which is not for themselves: Hence it is that de­signes, words, yea Intentions are brought out for reall De­monstrations for my misdemeanors, such a multiplying glasse is a praejudicate opinion.

The Articles conteine Expressions and Actions: My Ex­pressions [Page 64] eyther in Ireland or England: My Actions eyther before or after these late stirres (in this order he went through the whole Charge, from the first Article to the last, in an ex­cellent Method, and repeated all the summes and heads of what was spoken by him before, only added in the twenty eighth Article) if that one Article had beene proved against him, it conteined more weighty matter then all the Charge besides: And it had not only beene Treason in him, but also vilany to have betrayed the trust of his Majesties Army. Yet because the Gentlemen had beene sparing (by reason of the times) to insist upon that Article, though it might concerne him much, hee resolved to keepe the same Method, and not utter the least expression that might seeme to disturbe the hap­py agreement intended, though he wished the same might de­ceive his expectation: only thus much he admired, how him­selfe, being an Incendiary against the Scotts, in the twenty third Article, is now become their Confederate in the twenty eighth Article, or how hee could be Charged for be­traying New-Castle, and for fighting with the Scots at New­bourne too, seeting fighting with them was no possible meanes for betraying the Towne, but to hinder their passage thither.

That hee never advised Warre farther (then in his poore judgement) concerned the very life of the Kings Authority, and the safety and honour of his Kingdomes: Nor saw hee what advantage could be made by a Warre in Scotland, where nothing could be gained but many hard blowes: For his part, he honoured the Nation, but he wished they might be ever un­der their owne Clymate, and had no desire they should be too well acquainted with, the better soyle of, England: but hee thought that Article had beene added in jest, or as a supernu­merary, and he very little suspected to be reaconed a Confe­derate with the Scotts, and wished (as hee hoped it was) that every English-man were as free from that imputation as himselfe [closing his Defence with this speech.]

My Lords, You see what may be alleaged for this Constru­ctive, rather Destructive Treason. For my part, I have not the judgement to conceive that such a Treason is agreeable either with the fundamentall grounds of reason, or Lawe; not [Page 64] of Reason, for how can that be Treason in the lumpe or masse, which is not so in any of the parts? Or how can that make a thing Treasonable, which in it selfe is not so: Not of Lawe, since neither Statute, Common-Lawe, nor practise, hath from the beginning of this Government ever mentioned such a thing; and where, my Lords, hath this fire, without the least appearance of any smoake lien hid so many hundred yeeres, and now breakes forth into a violent flame to destroy me and my Posterity from the Earth? My Lords, do we not live by Lawes, and must we be punished by Lawes before they be made? Farre better were it to live by no Lawes at all, but to be governed by those Characters of discretion and virtue, that Nature hath stamped in us, then to put this necessitie of Divination upon a man, and to accuse him of the breach of Lawe before it be a Lawe at all. If a Water-man upon the Thames split his Boate by grating on an Anchor, and the same have a Buy appending to it, he is to charge his owne Inob­servance, but if it hath none, the owner of the Anchor is to pay the losse.

My Lords, if this Crime which they call arbitrary-Treason, had beene marked by any discerner of the Lawe, the ignorance thereof should be no excuse for me, but if it be no Lawe at all how can it in rigour or strictnesse it selfe condemn me: Be­ware you doe not awake these sleeping Lions, by the searching out some neglected Moth-eaten Records, they may one day teare you and your Posterity in peeces: It was your Ance­stors care to chaine them up within the Baracadoes of Statutes be not you ambitious to be more skilfull and curious then your fore-fathers in the Art of killing.

My Lords, it is my present misfortune, for ever yours; and it is not the smallest part of my griefe, that not the Crime of Treason, but my other sinnes (which are exceeding many) have presented me before this Barre, and except your Lord­ships wisedomes provide for it, it may bee the shedding of my blood, may make way for the tracing of yours; You, your e­states, your Posterities lie at the stake. If such learned Gen­tlemen as these, whose tongues are well acquainted with such Proceedings shall be started out against you, if your friends, your Councell denied accesse unto you, if your professed ene­mies [Page 65] admitted to witnesse against you, if every word, Inten­tion or Circumstance of yours be sifted and alleaged as Trea­sonable, not because of a Statute, but because of a Conse­quence, or construction of Lawyers peeced up in an high Rhetoricall straine, and a number of supposed probabilities: I leave it to your Lordshippes consideration to fore-see what may bee the issue of such dangerous and Recent Prae­cedences.

These Gentlemen tell mee they speake in defence of the Common-wealth, against my Arbitrary Lawes, give me leave to say it, I speake in defence of the Common-wealth, against their arbitrary-Treason, for if this latitude be admitted, what praejudice shall follow to King and Countrey, if you and your Posterity, bee by the same, disenabled from the greatest affaires of the Kingdome; for my poore selfe, were it not for your Lordships interest, and the interest of a Saint in Heaven who hath left me here two Pledges on Earth, [At this his breath stopt, and he shed teares abundantly, in mentioning his wife, which moved his very Enemies to Compassion] I should ne­ver take the paines to keepe up this Ruinous Cottage of mine, it is loaden with such infirmities, that in truth I have no great pleasure to carry it about with me any longer: Nor could I ever leave it in a better time then this, when I hope the better part of the World would perhaps thinke, that by this my mis­fortune I had given a testimony of my Integrity to God, my King and Countrey: I thanke God, I count not the afflicti­ons of this present life compatable to that glory, which is to be revealed in the time to come.

My Lords, My Lords, my Lords, Something more I had to say, but my Voice and Spirits fayle me, only I doe in all humility and submission cast my selfe down before your Lord­ships feete, and desire that I might be a Pharos to keepe you from Ship-wrack; doe not put such Rocks in your owne way, which no prudency, no circumspection can eschue or satisfie, but by your utter ruine; and whether your judgements in my Case (I wish it were not the Case of ye all) be eyther for life or death, it shall be righteous in my eyes, and receaved with a Te Deum Laudamus, (and then he lifted up his eyes and said) In te Domine confido, nè confundar in aeternum.

The Repetion of the charge did not spend much time, they proceeded orderly Article by Article, in the very same words and matter as before, only there were some remark­able flashes that passed from Master Glyn (who was the man) in the time of their handling.

Hee told them that hee should represent the Lord Strafford as cunning in his reylys as hee had beene crafty in his Actions, that hee waved all that was materiall, and insisted only upon the Secondary Proofs, that it was more then evident throughout all his charge how hee had endeavored to bring in an Arbitrary and Tyrannicall forme of Government over the lives, the lands, and liberties, of the Kings Subjects, yea had exercised a tyran­ny ever their consciences too, by the oath administred in Ire­land, and though his Malicious Designes had taken no effect, yet no thanks to him, but to the goodnesse of the King and the Vigilancy of the Peeres, had they pleas'd, it had beene too late to have punished him, for no rule of Law had beene left whereby to Censure him, after the death and expiration of the Lawes, And if the Intention of Gvido Faux might bee thought Treason, though the House was not blown up, then this Intention of his may admit the same censure.

Hee closed that throughout all his defences hee had pretended either warrants from the King, or else the Kings Praerogative, and what was this else but to draw up a cloude, and exhale the Vapour for the eclipsing of the bright Sonne, by the Jelousies or Repinings of his subjects; if the strength of his piety and Justice should not dispell all these mists and send them down to their originall, That the very standing and falling of these three King­domes stood upon this Processe, All of which doe conceive their [Page 67] safety so farre intressed in his just punnishment, that no setling of their peace or quiet could bee expected, without this, that rhey hoped the Law should never protect him, who had gone about to subvert all Law; Nor the Nobility (who had the same blood moving in their veines) by submitting themselves to his base Tyranny, loose that priviledge and liberty, which their An­cestors had bought with their deerest lives. Though there was no Treason for his Stat, was it the lesse Monstrous? For there was none for so many hundreds of yeares that durste­ver adventure upon such Insolencies, to occasion such a Statute: And were not the fundamentall grounds, and rules, and govern­ment sufficient to rise up in Judgement against him; without the making a particular Statute: This hee said hee left to the dispute of the Law and concluded, That seeing they had found out the Jonah who these many yeares had tossed and hazarded the Ship of the Common-wealth, with continuall stormes and tempests, there could no calmes bee expected, but by casting him out into the Seas, which in all Justice they must and doe expect from their hands, who are intrusted by the body of the Kingdome to doe the same. The Aggravation of the offence hee said, hee had left to Master Pym, who here spake that Speech which is now in Print.

On Thursday the dispute in Law is expected.

Upon Wednesday wee were bigg with expectation for the matter of Law, having done before with the matter of fact, but it seemes the house of Commons had perceived a great De­fection of their party, and a great increase of the Lord Straffords freinds, in both the houses occasioned by his insinuating, honest [Page 68] and witty defences, and therefore they resolved of no more hea­ring in publique, therefore it was thought upon by his accusers to draw up a Bill of attainder, and present the same to the Lords, whereby first the matter of fact should bee declared to have been sufficiently proved, and then in the matter of Law that hee had incurred the censure of treason, for intending to subvert the fundamentall Lawes of the Kingdome, for though (said they) hee cannot bee charged by Letter of Statute of the twenty fift of Edward the third. yet hee is within the compasse of the Salvo, whereby it is provided that the King and Parliament hath power to determine what is Treasonable and what not, and that they were confident the Lords would ratify, and approve of this Bill of theirs and give Judgement accordingly.

The motion was stoutly opposed by three great Lawyers (all members of the House) Seilden, Holborne and Bridgeman, who made it manifest that the Salvo 25 of Edward 3 was repealed and that no man could now be convict of Treason, but by the Letter of that statute: But being put to voice it was carryed for the Bill, and a Committee appointed for to draw it up.

This gave occasion of much talke abroad and they who were otherwise the Lord Straffords enemies could not finde equity enough in the Bill of Attainder. Some could not conceive what difference Imaginable was betwixt the Bill and the Charge, presented before, for in the Charge hee was accused of Treason; and the Bill (though they had no Legislative power,) seem'd nothing but an Affirmation of the same. Others (who would have the Bill understood of a Definitive sentence, because it was consecutive to the Proofs) were not satisfied but that it was against all practice, that the Commons should give sentence upon the death of a peere And that it was against Common e­quity too; that the party accusant should give the Judgement, if the complayners were admmitted to bee Judges; A third sort gave it out that this was no Sentence against the Lord Strafford but only a passing of a new act of Parliament about a matter not hitherto declared Treasonable, but yet these doubted that by declaring the matter of fact, to bee approved, and apply­ing the censure to it, in reference to the Lord Strafford it would ever be thought a Sentence against him, to blemish his own [Page 69] fame and the blood of his posterity, Moreover that if they were about to make an new act, it were strange to punish a man for the breach of such a Statute as was not yet extant in Rerum na­turâ, which should in reason referre only to future obedience, And (what is more strange) though there were a new Statute; yet by what Authority the Parliament hath or could declare any Individuall or Accumulative Act which is allready to bee Trea­sonable, which must bee Treason by virtue of a Statute; or else no Treason at all, now there is none can bee brought except the twenty fift of Edward the third whereof the Letter of that Stat­tute cannot by their own Confession, nor was not so much as once alledged against the Lord Strafford; and for the Salvo or Proviso (which they mainly insisted on) the same stands re­peald by two posteriour Acts of Parlyament.

You have the Mutterings of all sorts of People.

The Lords fe [...]ring the proceedings as a beaten path troden out to the ruine of their own Lives and Estates, told the house of Commons in their conference upon Thursday that they would go on the same way they did already, and according to the order of the house give full audience to the Lord Straffords councell in matter of Law, and that they themselves, as com­petent Judges, would by themselv [...]s only give Sentence in the cause, nor was there any course suitable to the practice and Stat. of the Kingdome, the safety of the Nobility, or to Equity or Common Justice.

It was replyed by them of the lower House, that they were resolved to go on with their Bill, and if the same should bee rejected by the Lords, they feared a Rupture and Division might follow, to the utter Ruine and Desolation of the whole Kingdom, that no content would be given to the subject, (and this was a strong Argument indeed, yet better beseeming Par­tiality and violence, then the pretended Justice and piety of the times) unlesse the man who had so much intruded vpon their right, and discontented the people, might bee punished as a Traytor; And for the practice of the Kingdome, that no man had ever found such a Favourable hearing, and that the Processe against Essex, Norfolk, and somerset, were all of them closed up in one day.

Upon Friday the Lords gave answer that they could expect [Page 70] nothing from the House of Commons, but what should tend to the peace and Preservation of the Kingdome, nor was there a more forceable way then to preserve the Lawes and Customes thereof, least innovation so much complained of by them, might unhappily be found among themselves that the subjects should have all that Justice could afford, but that an act of Injustice would never give satisfaction to the world, nor safety to them­selves, the eyes of all forraigne States being fixed vpon the businesie now in agitation, and the wisdome of our Nation either to bee much advanced or depressed by their Judgements in this case; That the Processe against Norfolk and Essex, (for Somerset was convict only of fellony and had not so much Ani­mad version to save himselfe by his Booke) were for Direct and formall Treasons, comprised in one or two Individuall Acts, but this against the Lord Strafford only Arbitrary and Accumu­lative, to bee pict out of the twenty eight Articles. And there­fore that it was impossible to have a full examination of them all, to give Sentence against him, And those noble men were charged with some Actuall breach of Statutes, formerly made, but heere a new Staute was to be made or else hee to bee found guiltlesse, They concluded that they had given order for his appearance on Saterday, And that in the great Hall at West­minster where the House of Commons might if they pleased bee present.

After some deliberation with the House, the Conferrers answered, that since the Lords had so resolved, they would not deny to bee there present, and to heare what his Councell could say for him, but to reply any more in publique they neither could nor would, because of the Bill allready past, only if the Lords should take any scruple in the matter of Law, they would bee ready to give them satisfaction by a private Con­ferrence, (so they willingly declined to doe what indeede they could not possibly doe) that is, to give publique satisfacti­on in the matter of Law.

Upon Saterday they conveened in the great Hall, but they that were of the Committee, for the great charge did not stand at the Barre, as before, but sat promiscuously with the rest of their fellowes, so that a mouth was not oppened in the be­halfe of the House of Commons, all that day: After they [Page 71] were set, the Lord Steward told the Lievetenant, that the Lords had resolved to give him a faire hearing in the matter of Law, And therefore desired that the councell might keepe that distance, Moderation and respect, to the Judicatorie, that was sitting, and not at all to meddle with the matter of fact.

The Lievetenant Replyed, That in all humility hee did acknowledge that favour from the Lords, and that it was such an one too, as hee could not but expect from such Honourable Peeres, and Just persons, in whose integrity and goodnesse, (under that which hee had placed above) hee had reposed his chiefest confidence; for his councell they knew much better then himselfe, what concerned the point of Discretion and Reverence, and that hee doubt­ed not but that they would give all satisfaction and obe­dience.

Then his Councell were called to the Barre, Master Lane the Princes Attourney, Master Gardiner Recorder of London, Master Loe, and Master Lightfoote: Master Lane spake, and much to this Sence and Purpose.

My Lords there is an heavy Charge lyeth on me and my fel­lowes, nothing lesse then to defend the life, the estate, the Reputation, yea the posterity of this Honourable person at the Barre, If therefore wee shall bee more pressing we hope your Lordshipps will interpret this our forwardnesse to bee for Honour and Conscience sake, in a matter that concerneth both so neerely; But it shall bee our endeavour to carry our selves with our best respects to your Lordships, and withall content and satisfaction to the honourable House of Commons, and because your Lordships mentioned the matter of fact, one thing I dare bee bold to say, that all the time of this Noble Lords defences, hee did not so much as crave any one of our opinions, yea or acquainted us with any thing that tended that [Page 72] way: And for the matter of Lawe, those Statutes cited by him­selfe, were none of our stock, but taken up at his owne adven­ture; Nor doe I speake this to derogate from the pertinency of those Statutes (for they shall be the subject of my discourse) but that the Noble-man be not disappointed of your right concepti­ons, and his own due praise.

My Lords, It is your pleasure we meddle not with matter of Fact, and indeede we neede not meddle at all with it, because we hope it is already done, and that sufficiently to our hands, yet the matter of Lawe doth so naturally arise out of the matter of Fact, that of necessity (under your Lordships favours) wee must somewhat grate on this, if we speake of that, nor doe I con­ceive it possible for us to speake advantageously enough for the Lord Straffords just defence, unlesse the whole matter of Fact be determined, eyther as proved or not proved, or at least some states of questions agreed upon, where we may fixe and settle our Agreements, and therefore it is my Lords, that I have chosen not at all to touch the matter of Lawe (untill your Lordships shall be pleased to chalke me out a way) unlesse it be to cleere your judgements in one Statute only, viz. 25. Ed. 3. because when the same was alleaged by the Lord Strafford in his owne Defence, that not being convict of the Letter thereof, he could not be convict of Treason: I remember the Salvo of that Statute was much insisted upon by those from the House of Commons, as much conducing to their own ends. My Lords, I will first speake of the Statute it selfe, and then of its Salvo or Provision: The Statute is, (That if any man shall intend the death of the King, his Queene, their Children: Kill the Chan­cellor, or the Judge upon the Bench, imbase the Kings coyne, or counterfeit the broad-Seale, &c. hee shall be convicted and punished as a Traytor) that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged, nor in­deede it cannot bee with any reason, All that can be said is, that by Relation or by Argument a minore admajus, he may be drawn thither, yet that this cannot bee, I humbly offer these con­siderations.

First, This is a Declarative Law, and such are not to be taken by way of Consequence, Equity or Construction, but by the Letter only, otherwise they should imply a contradiction to [Page 73] themselves, and be no more Declarative-Lawes, but Lawes of Construction, or Constitutive.

Secondly, This is a poenall Lawe, and such (if our grounds hitherto unquestioned hold good) can admit of no Constructi­ons or Inferences, for poenalties are to perswade the keeping of known Lawes, not of Lawes conjecturall, ambiguous, and by consequence, which perhaps the most learned may not in their disputes question, much lesse the Subject (who is not oblieged to interpret the Statute) doubt of in the point of obedience, yea rather without any doubt, hee is to obey the Letter of the Sta­tute, and conceive (and that truly) that hee is not lyable to the Poenalty.

Thirdly, We have a notable Lawe 13 Eliz. Cap. 2. whereby it is declared, that the bringing in of Bulls from Rome, to stirre up the Subject to Mutiny and Rebellion, shall bee punished as Treason: Now if by interpretation or by consequence, this sence might have beene thrust upon the praeceding Statutes, the mak­ing of this had beene supersluous, yea the Persons then charged with that Crime, might have beene impeached of Treason, even before the making of this Act.

Anno 21 of Ed. 3. Wee have a Statute declaring, That for a servant to kill his Master, is an Act of Treason, and in the three and twentith yeere of the same King, a Processe of Treason was framed against a man for killing his Father, grounded upon the same Argument A minori admajus: But it was found (and the Sentence is yet in the Records) that although in the 21 yeere of Ed 3. that Argument might have beene admitted, yet in the 27 it could not, by reason of the Declarative Lawe, interveining in the 25 yeere, and this Case comes very home to the point in Lawe.

My Lords, I will not demand what kinde of offence it may be, for a man to subvert the fundamentall Lawes of a Kingdome, the Crime doubtlesse is unnaturall and Monstrous, and the punish­ment must keepe the same proportion, only I presume to offer these few things to your Lordships considerations.

First, That one or more Acts of Injustice, whether maliciously or ignorantly done, can in no sence of Lawe be called the subver­sion of the fundamentall Lawes; if so, as many Judges (per­haps) so many Traytors, It is very incident to mans nature to [Page 74] erre, nor doth the Lord Sttafford pleade his innocency in over­sights, but in Treason.

Secondly, I doe remember the Case of John de la Poole, Duke of Suffolke, this man in the twenty eighth of Henry the sixt, was Charged by the house of Commons, with Articles of Treason, and those too very like to these against my Lord Strafford.

• 1. That he had given the King bad advices.
• 2. That he had embased his Coyne.
• 3. That he had cessed men of warre.
• 4. That he had given out summary Decrees.
• 5. That he had Imposed Taxes.
• 6. That he had corrupted the Fountains of Justice.
• 7. That he had perswaded the King to unnecessary warre, and to the giving over of Anjoy in France, Ovum Ovo.

And for all these, though he was Charged with high-Treason, for wronging the right of the Subject, and subverting the funda­mentall Lawes of the Kingdome, yet after a long Agitation, the matter was found by the Lords of Parliament, not to imply Treason, but only Felony. Add to this another, who in the twenty third of Henry the eighth, was Charged for subverting the English Lawes, and yet no Treason Charged upon him. Add to both the Charge of Richard Larks, pleaded at the Common-Pleas, who was Charged with Treason, for subvert­ing the Lawe, but convicted only of Felony, by which you may see, My Lords, what to this time hath beene subverting the Lawes.

Thirdly, It is very considerable, that the Lord Strafford is not Charged to have subverted, but only to have intended to subvert the fundamentall Lawes, and this I conceive, if there were no more, might keepe him free from that Statute of the twenty fift of Edward the third: For although as touching the King, his Queene and Children, intention is treasonable; yet in all other things there mentioned, there must be action beside intention, for it is not said, if a man doe intend to kill a Chancellor, it shall be Treason, but only if he doth kill him; and if hee doth actually counterfeit the broad-Seale, And although a man should pre­pare a Furnace, make ready his Stampe, melt his Bullion, yet if he gives not the Kings impression vpon the Coyne, all his inten­tions, yea, his praeparations will not serve to make up a Treason.

And this (under fauour) may serve to answere the Case of Gui­do Faux, lately objected, unlesse it be alleaged that the Lord Strafford had as reall an intention against the Kings life as Faux had,: For though the intention in that Case be Treason by the Statute, yet in all other things there is no Treason without the Action, so immence and vast a difference both is, and ought to be, betwixt a project against the Royall-blood, and all things else of a lower and under nature.

Yee see therefore my Lords, that the body of the Statute can­not stick against the Lord Strafford, neither in Letter, nor in con­sequence, this is not, that must not be; all that can be said is, that his Fact may be Treason by the Common-Lawe: For my part I professe my ignorance, who ever thought the common-lawe might declare, but never make a Treason, that is; It might bee presupposed that there is a Statute whereupon to build a Decla­ration, and therefore to say there is no Statute for it, is to say it is no Treason at all. The Statute ever makes the Treason: and to be declared to be Treason, either by Common-Lawe, or by Par­liament, are but two different waies of Proceedings, and must both resolve into one Principle, yea, which comes home to the point, in the one and twentith of Edward the third. To kill a man imployed in the Kings Warre was Treason, and the twenty third, To kill the Kings Messenger was Treason by Declaration of the Common-Lawe, but alwaies by reason of the Statute, yet none of these are now Treasons but Felonies only, by reason of the interveining Statute the twenty fift of Edward the third, such hath ever beene thought the force of its Letter and Declaration, And so I will leave it, and speake a word or two of the Salvo, which is this. That because all Particulars could not bee then defined, therefore what the Parliament should declare to be Treasonable in time to come, should bee punished as a Treason.

And according to this Reservative, in the eighth yeere of King Richard the second, one was Charged before the Kings Bench, was afterward referred to the Parliament, and there, though the Fact was not conteined in the body of the Statute, yet because of the Proviso afore mentioned, it was ad­judged Treason.

In the eleventh yeere of the same King, the Duke of Ireland, [Page 76] and Nevill Arch-bishop of Yorke were impeached of high-Trea­son, by Gloucester, Arundell and Warwick, and notwithstanding the Statute, were convicted thereof by the Salvo. But in the one and twentith of the same Richard the second, the tide turned, and the King had such a hand with the Parliament, that the Sen­tence was recalled, and those three noble-men themselves adjudg­ed Traytors. Againe, in the first of Henry the fourth his Succes­sor, that Revocation of the one and twentith of Richard the se­cond was repealed, and the Sentence of the eleventh of his Reign established; such were the tossings too and fro of Treason, and all because of that uncertain Proviso.

Therefore it was, That in the same Parliament, the first of Henry the fourth, A Petition was preferred by the Nobili­ty, to have Treason limited within some Statute.

Because they knew not what to speake or what to doe, for feare thereof, And in the tenth Chapter an Act was made, upon this Petition, that that Salvo should be holden Repealed in all times to come, and nothing esteemed Treason but what was Lit­terally conteined in the Statute of the twenty fift of Edward the third, and therefore it is said in the Records, That there was great joy at the making of this Act, in that the drawn Sword hanging over every mans head, by this slender thred of a conse­quence, or illation, was moved by that Act. Add to this, that in the first of queen Mar [...], the first chapter, the same is repeated, That no man shall be punished in life or estate as a Traytor, but for the Crime conteined in the Stat. 25 Ed. 3. without the least mention of a pretended Salvo.

The Earle of Northumberlands Case comes nigh to the point, he was Charged with Treason, the fift of Henry the fourth, and if the Statute of the first of Henry the fourth, the first chapter, whereby this Proviso is Repealed had not interveend, no doubt he had beene condemned of Treason, but he was only convict of Felony, and that because he could not be drawne within the Let­ter of the Statute of the twenty fift of Edw. the third, And I dare confidently say it, that since that Act was made, the first of Henry the fourth, the first chapter, whereby the Proviso is Repealed, no man hath ever beene declared a Traytor, eyther by King or Parliament, except it were upon that or some other Statute, lit­terally, and declaratively taken. These two things I doe offer to [Page 77] your Lordships considerations. That the Lord Strafford cannot be impeached of Treason by the Statute of the twenty fift of Ed. the third, and that the Salvo conteined in the same, stands Re­pealed almost two hundred yeeres agoe, And this is all I conceive to be necessary for that Statute which was alleaged by the Lord Strafford in his Defence for matter of Fact.

Then the Recorder spake some few words to this purpose, That The Recor­der. what was spoken upon the Statute; was because it seemed inse­parable from the matter of Fact, that they could proceede no further till a State were afforded them, that to doe otherwise they conceived might bee very praejudiciall unto my Lord Strafford.

First, In that they should suppose that to be done, which is not proved to be.

Secondly, That the matter of Law ariseth so naturally from the matter of Fact, that it will be impossible to separate one from the other.

Thirdly, That it is the course of all Judicatories, first to settle the Verdict. and upon that to fixe the Arguments, otherwise hee could conceive no possible way of proceeding, And therefore, in the Lord Straffords name, he most humbly entreated, that the Lords would either wholly determine the matter of Fact (or whether Treason or not; for then all other proceedings in Lawe were unnecessary, but whether done or not done) or else to give them some States of the question whereunto they might con­fine themselves.

Thursday last (viz.) Aprill 29. was designed for the Agita­tion Thursday. of the long intermitted busines concerning the Lievetenant, And the way was this.

The Lords did meete at the great Hall at Westminster, about nine of the clock, not in their Robes, nor did the Lord Steward The fo [...] ­mality [...]f a confe­rence. sit upon his sack, but with the rest promiscously, nor did the Committee for the House of Commons, stand at the Barre, but sat with the rest of their fellowes, and the Earle of Strafford sat behinde the place where he used to sit before, The reason of these changes were, because the Diet was appointed, not for a meeting but for a Conference, so curious are we (and that's all) about formalities: The King, Queene and Prince were there, according to their custome, not a man spake a word in the house all the time, but only Master St. John the Kings Sollicitor, one of the Committee, whose drift and purpose was to furnish the Lords with reasons why the House of Commons had proceeded with a Bill of Attaindor: And withall to reply to what the Lord Strafford had spoken, eyther by himselfe or his Councell, in mat­ter of Lawe.

The Speech is in Print.

If it were not without my Sphere to give my opinion of Ma­ster St. Johns speech, it should be this, That he spake little or no­thing to purpose, except in his fift or sixt Arguments, and in them, I beleeve without his booke, if not, I should conceive it better and safer to live under the Lawes of any other Nation then these of England, where all Lawe is, at last, resolved into an Arbitrary power, and that by these very men, who so much elsewhere enveigh against it: Of the Presidents which seeme to [Page 79] pinch hardest) many of them were since the Proviso Repealed (which is an Argument, in my apprehension of the pleaders penurie) others nothing to purpose, as that of Felony, &c. to the other few, if Lawyers, can give satisfaction; I am confi­dent Master St. John did rather advantage then hurt the Earle by his pleading.

The next news which we expect to heare is, with what Resolu­tion he went out of this World, for it is concluded amongst the major part of his Judges, that one must die for the people, It were well if the blood of one two or three could satisfie. The Bill, for certain, is past the higher House, to which 'tis thought the King will be perswaded to give way: The Scaffold is built upon the Tower Hill, God grant him mercy for his other sins, and I hope he will easily answere that of Treason; He dies, as we heare, up­on the twenty third Article, for the words attested by Sir Henry Vane, though his Majesty publiquely protested the words were ne­ver spoken by him.

Upon the close of Master St. Johns speech the House dissolved, nor was there a word spoken but by Master St. Johns, only the Lord Lievetenant used the last part of his Rhetorique, and by a dumbe eloquence, Manibus ad Syderatensis, all along Master St. Johns speech, made his Replies with a deepe silence.

Upon Friday he Petitioned the Lords to be heard againe, and that because his Lawyers had not fully spoken at their last meet­ing, but this was denied him, because the House were to have the last speech, nor were they content to speake againe.

Upon this information, or what else is not known, the King (it seemes fearing the Inconstancy of the Lords) came to the House on Saterday, at ten of the clock, and having called for the House of Commons spake much to this effect.

THAT Hee had sincerely, without Affection The Kings speech to the House of Com­mons. or Partialitie endeavored to informe himselfe concerning the Livetenants Charge; and had, at length seriously pondered with himselfe both concer­ning the matter of Fact, and the matter of Lawe; [Page 80] and now it stood him in hand to cleere their judge­ments; then to exonerate his own Conscience: For them, Hee had two things to declare.

First, That there was never such a pro­ject, nor had the Lord Strafford ever offe­red such advise, for the transporting of the Irish Army into England; so that in no­thing the Livetenant had beene more mis­understood then in that: Which imputati­on did, in no small measure, reflect on him­selfe (the King) as if he had intended to make War upon his own good Subjects, which thought (he said) was farre enough from his brest; nor could any man in probability thinke so unworthily of him, who had perceived how graciously he had dealt with his Subjects elsewhere, that had deserved a great deale worse.

Secondly, That the Lievetenant had ne­ver advized him to establish an Arbitrary Government; nor, if he had, should he have escaped condigne punishment; nor would any of his good Subjects ever think otherwise, unlesse they conceived him ei­ther to bee a foole or a Tyrant; that he ei­ther could not, or would not discern such [Page 81] wickednesse. Hee was well content (hee said) with that Authority and Power which God had put into his hands; nor should he ever thinke it his Praerogative to intrude upon the Propriety of the Sub­ject.

For himselfe and his own Conscience (hee said) he was now to Declare; That in his own judgement there was nothing in the Processe against the Lieve­tenant that deserved the censure of Treason: Over­sights and Mis-demeanors there were, in such a mea­sure, that he confessed the Lord Strafford was ne­ver worthy hereafter to beare any Office in his king­domes, no not so much as of a Constable; but was to be answerable for all his Errors when they were to be charged upon him, and to this none of them should concurre with greater alacrity then himselfe; That he hoped none of them would deny to give him the pri­viledge of the first Voice, which was, That he would never, in heart nor hand, concurre with them to pu­nish this man as a Traytor, and desired therefore that they would thinke of some other way how the businesse might be composed; Nor should it ever be lesse deere to him (though with the losse of his deerest blood) to protect the Innocent then to punish the Guilty.

Upon Saterday, May the eighth, the Bill against the Lord Saterday May 8. Strafford past the Lords, there were fourtie five present, of which nyneteene voiced for him, and twenty six against him, the greatest part of his friends absented themselves upon pretence, (whether true or suppositious) that they feared the multitude, otherwise his suffrages had more then counterpoised the voters for his death.

In the Bill hee is condemned of Treason, and all his English Lands (the other part of the Coat is left for those in Ireland) forfeited, with an especiall Proviso, that this Act shall in no waies bee forceable against others, then if it never had been made; which to his friends of Judgment smells Strongly of a particular hatred against him, as if the same common way of Justice should not equally strike against all (which it should doe in true Justice) but that Crimes did differ in their Subjects.

Two wayes there were to have proceeded against him, by a Legislative, or by a Judiciary power, both did strike home alike at his life and his estate, both alike ready, both sure by reason of the proofs, the Difference only this; this might have beene done without the King, that only by him, because this a Sentence, that a Statute; A man would think the Ju­diciary way had beene the more sure, and that the King would rather have connived, and not exercised his Prae­rogative by a Reprivall, then to have Interessed himselfe in the Legislative proceedings, by consenting to the Act against him; In whom the world conceived (for by past and future services) he had so great an Interrest: But they (it seems) not­withstanding his Majesties late Attestation, of the Gentlemans Innocency in point of Treason, were more confident of his gracious Inclination to Justifie their own Act; And more de­sirous too that hee should demonstrate his willingnesse in punishing such transgressors, and therefore the Bill went on by the Statute.

The same day another Bill passed both the Houses, that be­cause of the important businesses of the Kingdome, the Par­liament should not be broken up by the King without the spe­call advise and consent of both the Houses, till all their grie­vances were redressed and their safety provided for, which space of time, for any thing I know, may last till doomes day; some would have had the prefinition of 5, some 7, some 9, yeares put to it; others Replyed that this would bee both odious & dan­gerous; odious in that it should seem so long a Parliament; Dan­gerous, in the same time may happen out possible to be longer; some think it an honor (I rather a fatality, or to sweeten the word a Providence) that both their Bills should passe at once, as if [Generatio unius, were Corruptio Alterius.] And this new Governwent should take life from the death of the Earle of Strafford.

In the afternoone the House of Commons desired accesse to the King in the Banqueting House, and having stayed there an houre for his coming, in three words they propounded these two great Bills, desiring that hee would give his Royall As­sent to them both, (Quod si non prosint singula, Juncta Ju­vant) Withall humbly shewing that the present danger of the [Page 91] Kingdome could admit of no delayes, The King told them they should expect an answer on Munday morning.

The Court at this time was surcharged with a confluence of People, quasi Civitas tota sedibus suis mota, as if the whole Citty was come to petition for Justice, a Government indeede worse then a Democrasie, where the people doe not rule but play the Tyrants, If there were no Monarchy there needs no conscience to obay it; But where it is, and cannot protect it selfe, the good subject must either forget himselfe, or his loyalty; A two edged sword killing either the body or the soule, nor in this are men in better ease then the winged Fishes, that our Southerne Mariners tell us of which, if they swim beneath the water are cath'd by the Dolphin, if they fly above for refuge, are snatched away by the hungry Rave­nous foules, (Lord helpe then the times, or help our patience, and Resolutions, give us either redresse in thee, or confidence in thee.)

The wiser sort conceived these two Bills too big for them to desire at once, and that both of them together might procure a flat deniall, but the more couragious knew the readyer way by farre, having often had experience of his Majesties readinesse to grant just desires; resolving that hee that expects to loose the day, is beaten at his own diffidence, and it is the qualitie of some men to swallowe Camells upon a sudden, who (if you give them leisure, will perchance streine at a Gnatt. Their Resolutions may ayme at this but despaire to remedy that, nature gives the reason, Omne agens se exercet, intra sphaeram Activitatis, dangers if they come but stragling upon us wee may collect our spirits well enough, and easily resist them, but if they come by whole troopes Amazement and feare admitts of no consultation for the future, but only intends to decline the present and pressing hazard, whereon the ancient Gaules made their first on-setts, with valour be­yond the courage of men; and with fearefull cryings and shouts belying rheir own Animosity, to stupify and quell that of the enemy.

Sunday, All the day the King was resolute never to give Sunday. way to the Bill against the Lord Strafford telling them withall that it seemd strange to him, that the man could not dy, unlesse [Page 92] hee, and hee only by giving Sentence the Kings Legislative way should condemne him, the Lord Pembrok brought the King a piece of Scripture, 2. Sam. 19. from the 5. to the 9. verse, the words indeede became a Joab rather then him­selfe till hee had scattered the force of the Kings (not eldest sonne yet eldest) daughter, the Kingdome of Scotland; heere is some Analogy with Absolon and in nothing else, for David was sorry for shedding the nocent, they not sorry for shedding the Innocent blood, though the Issue bee not the same.

Foure Bishops were sent for by the King, the Primate of Ire­land, the Bishop of Durham, Lincolne and Carlile, some Foure Bi­shops. say (and I doe rather believe it) that the King was desirous the Bill should bee voiced againe, and argued, the Bishops had their suffrages in the Admission though not in the approbation of the Bill, others thinke in regard the Primate was there, (who had no Interest in this Kingdome) it was to re­solve the Kings Conscience; for my part I see not how they should doe this, seeing the businesse was grounded upon a case in Law, which none of them (unlesse the Bishop of Lincolne had learned when hee was Lord Keeper) could possibly dis­cusse; for if the King was tender in it, how could they per­swade him to give way, if not, what needed their Resolu­tions?

But it may bee that they perswaded him, that in Consci­ence hee might preferre the opinion of the Judges before his own, And that if (though with some reluctation) they thought upon their oathes, the Proceedings to bee lawfull, hee might give way to them, This is not unlikely because the judges were sent for the same time, and it seems for the same service, And if it bee so; I admire, (and adore too) the wonderfull provi­dence of God, who in his praeparatory Act, to his unlawfull Judgment (which undoubtedly will follow) suffers not only the King and the Countrey, but the Church too, (as if her Cup were not yet full) to be involved.

But could this bee to the matter of fact, the King I am sure knew him to bee free from any the least intention of subverting the fundamentall Lawes of the Kingdome, And could the Bi­shops satisfie thi scruple too, it may bee they are perswaded, that the Proofs might bee taken Implicitly from the House of [Page 93] Commons, as the Law from the Judges; It is reported indeed that they besought the King with many teares to give way, and that to prevent the ruine of the Kingdome, which these States-men (who will bee ever content with the longest life for them­selves, till by peece meale they bee thrust from all) did see would necessarily follow : well, I dare prophesie to them they shall not want their Reward, neither from King nor people, for the next tumult of people shall bee against their Liturgies, Surplices, and Church ornaments. And seeing they have now over-perswa­ded the King in this, if they can procure him then to protect themselves, from those imminent dangers which hang over their heads, they shall doe a miracle. sed quos pordere vult Ju­piter, dementat. some body else will perswade the King that to satisfie the Common People, and to prevent the Ruine of the Kingdome, Bishopricks, Deanes, Prebends, and all Cathe­drals must down, Sedomen avertat Deus optimus.

Sund [...]y, All day nothing sounded in the King eares, but feares, terrors, and threatnings of worse and worse, the noise of Drums, and Trumpets were Imagined to bee heard of rebelling people from every Corner of the Kingdome, yea Apprentices, Coblers, and fruiterers, presented thmselves as all ready running into the Kings Bed-chamber.

After they had wrestled him breathlesse, and (as they doe with great fishes) given him scope of Lyne, wherein to spend his strength, at last victus dedit manus, being overcome with such uncessant Importunities hee yeelded up the Bucklers, And about nine of the clock at night (oh deplorable necessity of the times or rather oh the frailtie of humane nature I that can nei­ther foresee nor susteine this necessity) the King promised to signe both the Bills the next morning, which was accordingly done, and a Commission drawn up for his (I do not care in what relation you take the word) Execution. Ingentes Curae stupent, loquuntur leves.

Though I had resolved with the Painter (who could not ex­presse his griefe sufficiently in weeping for his daughter) heere to have drawn the Curteine, yet it will not bee, something must overflow.

Consider the Gentleman as a man, his Judgement, Memory, Eloquence, reall perfections in this age of appearances, consider [Page 94] him as a Subject, his Loyalty, his Courage, his Integrity to King and Countrey, in these disloyall and faint-hearted times; consi­der him as a Christian, his love to the Church, his respect to Church-men, in this prophane and over-weening Generation; let Worth, Honesty, and Religion weepe his funerals, who suf­fers for all, and yet by all, yea as an Enemy to all these; talke not to me hereafter of Justice, Equity or Conscience, they are but names, and those scornfull and empty names too; It is Power, Faction and Interest that are the managers of humane affaires, and swaies the times; I defie all History to furnish us with the like Paralel, of a man accused by his Countrey, by reason of his noble and eager desires to mainteine them in plenty and reputa­tion; convicted by the Church for his actuall performance & seri­ous intention to restore both the Dignities & Revennues thereof; his Prince even forc't to condemn him, after his Integrity to per­swade due obedience, and to protect royall Authority; Happy, yea thrice happy hee, whose Innocence was wedded to his Perfe­ction, and both of them (for so it shall ever be in my Kalender) crowned with Martyrdome: Forgive I intreate you these bro­ken Expressions of a passionate Soule, my obliegements to the Gentleman were little, my expectation from him nothing, only an ingenious, though perhaps, a simple thought of the present Crimes, and future punishment of this Kingdome (unlesse God be more mercifull) whether from the privation of his Life, or merit of his Death hath extorted thus much from me; Remember the sto­ry of Innocent Socrates.

You desire me to be present and see the Catastrophae of the bu­sinesse; I should pluck out mine eyes if I thought they had so much cruelty to behold such a spectacle; you may thinke it cou­rage, but I inhumanity: My owne sinnes doe too much interest me in his sufferings, though I be not accessory by my sight. The zealous Pilgrims of the Turkish Religion, after they had seen the blessed spectacle of Mahomets-Tombe, at Mecca, doe presently make themselves blinde by continuall poaring upon hot burning Bricks, so destroying the optick-nerves, as thinking themselves unworthy ever afterwards to looke upon any worldly object; I leave your selfe Sir to make the application, I dare ingeniously say it, that all my sufferings to this time (and I have not beene without a round share of them) did never touch me so neerely, as [Page 95] the sufferings of Justice, Religion and Loyalty, by this one Fact: Not for any evill consequence to me (God knows) I am beneath the reach of Fortune, and can easily change my Clymate, but for that Clowde which hangeth over the Publique, and will not, I feare be dissolved till the measures of Deservings bee made up Brim full.

What turbulency, what confusion is within me, you may ea­sily guesse by these symptomes that are without, those raw and indigested expressions; it is my daily labour to obtein the Mastery of my selfe and my affections, but upon such extraordinarie times and occasions, they grow too strong for me, I must give way and retyre before I get new strength againe: Hence it is, that though at the Lord Straffords last departure, out of this World, I might have beene assured of his Mantle, that is, the doubling of his Perfections upon me, and of a capacity to admit of the least of them, yet I could not have attended his Execution; my heart was too weake, and my eyes too blinde to behold such a woefull spectacle, but be you assured he will not dy like one of the vul­gar, nor like one of those wanton Coursers who can rush fiercely into the battell, yet withall start at his owne shadow: He hath done and can doe greater things then die, and that too without any in-decorum. As he hath lived for the reall Demonstration of his service and fidelity, so he can die for the pretended safety of his Soveraigne, and that in a strange way too, as if the head could not be safe, but by cutting off the right hand.

Sir, your desires have oblieged me to untie my wounds, yet scarce bound up, and by reflection upon that sad object, to fall a bleeding againe; nor can I grant your suite to make that great Lord speake in his owne dialect. Pythagoras transmutation could not have found out a sit lodging for that noble Soule, nor doth nature give us wonders every day, nor streyne hereselfe am­bitiously to shew forth the utmost reach of her perfections or master peece, and to present us with such a rare conjunction of such a courage attended with loyalty to danger: wisedome ac­companied with eloquence to admiration: What could not that man thinke? What thinke and not speake? What speake and not doe? But I will not be too Rhetoricall, that Speech or rather blemish Printed and pretended to be spoken by him in the Tower, is as like him as he was to a Pedant his Soule now laughs [Page 96] (if that naturall sence could reach so high) at that poore injury, it doth exceedingly well become the charity of the times, not only to perturbe his rest, but also by belying his Expressions, to make his owne hands the scatterers of his owne dust, and his own Tongue, the Trumpet of his owne infamy: That Speech is a foist and a ly, His other Speech on the Scaffold, and with it, his Letter to the King, you shall finde at the end of this Letter, in the best way we could get it, something of his greatnesse appears in his phrase, and as much life too as could, by snatches, be ga­thered from his mouth, yet it comes farre short of that grace which [...]t had when it was delivered by himselfe, what by the escapes of the Observers, What by the Faint-heartednesse of the Presse, which durst not speake freely, for feare of Arbi­trary Treason.

Two observable Expressions I had from an understand­ing Auditor,

First, Sir George Wentworth▪ weeping extremely upon the Scaffold, was thus checked by him: Brother, what doe you see in me that deserves these teares? doth my feare betray my guilti­nesse? or my too much boldnesse any Atheisme? Thinke now (and this is the third time) that you doe accompany me to my Marriage Bed: Nor did I ever throwe off my cloathes with such freedom and content, as in this my preparation to my Grave, That Stock [pointing to the block appointed for his Execution] must be my pillow; here must I rest, and rest from all my labors; no thoughts of envie, no dreames of Treason, Jealousies of foes, cares for the King, the State or my selfe shall interrupt this nap; therefore Brother, with me, pitty mine enemies, who beside their intention have made me blessed; rejoyce in my Innocency, re­joyce in my Happinesse.

Secondly, Kneeling downe upon the Scaffold hee made this Protestation, I hope Gentlemen you doe think that neither feare of losse, nor love to Reputation will cause me to bely God and my owne Conscience, for now I am in the dore going out, and my next step must be from time to eternity, eyther of Peace or Payne; to cleere my selfe to you all, I doe solemnly protest be­fore God, I am not guilty (so farre as I can understand) of that great Crime laid to my Charge, nor have ever had the least incli­nation [Page 97] or intention to damnify or praejudice the King, the State the Lawes or Religion of this Kingdome, but with my best en­deavors to serve all, and to support all [So might God be merci­full to his Soule.] His words did justifie him more there then in Westminster Hall, and made such a deepe impression in the hea­rers, that a great many of those who cryed out for Justice against him (after their fury was spent, and their madnesse strewed with cold blood) wished their tongues had beene cut out of their heads before they had opened their mouthes against him; others most ignobly imputed this to his effronted boldnesse, and are so perswaded of their own infallibility, that they mervailed he be­leeved not his Actions to be Errors vpon their Word, and did not confesse their opinions of him to be truth it selfe; A kinde of People they are beyond the cure of Bedlam, and nothing but the whipping post, or letting blood can doe them good, or bring them remedy, Vexatio tantum dabit Intellectum, 'tis nothing but sence will teach them judgement, and affliction Charity, and both these I feare are hastning on apace.

His Countenance was in a middle posture, betwixt dejection and boldnesse, a man may call it, even courage and Innocence it selfe, without any feare of Critticks, nor could his very Enemies through their multiplying glasses, perceive the least affectation of disguise in him; never man looked death, more stately, in the face; never man trembled more at his sinnes, such were his con­tritions for his oversights, and such his immovable confidence of Gods Pardon and his Mercy.

His Prayers ravished all the standers by, that they could not judge whether to preferre his zeale or his poenitency; yea, the Primate of Ireland (who is no complementer) reported after­wards to the King, that he had then first learned to make suppli­cations aright to Godward, and withall told his Majesty that he had seene many die, but never such a white Soule (this was his owne expression) returne to 'its maker; At which words the King was pleased to turne himselfe about and offer a teare to his Memory. —Tantorum mercede laborum.—

And because mis-report, about him and my Lords-Grace of Canterbury, hath wandred as farre as Cambridge, give me leave to adde the story of that mistake▪ It was reported here by the di­vulgers of such slanders, that a little before his death, he had char­ged [Page 98] all his misfortunes, oversights and misdemeanors upon the Arch-Bishop of Canterbury, as the prime Author, and had bit­terly curst the day of their first acquaintance; A pretty inventi­on it was, to charge the Axe againe, and to furnish the People with lungs and voices to cry for another Sacrifice; yea, to staine this Martirs long white Robe, with the Innocent blood of another Heroes. Oh yee sonns of men! How long will yee love vanity and seeke after leasing?

For this cause I was the more Inquisitive to learne out the truth of this particular, and had it thus related to mee by a worthy divine Doctor Wimberly, who dyning with my Lord of Canterbury the day after the Earle of Straffords Execution, had it from his own mouth. And my Lords grace it seems having heard of the mistake, did at every period take the Lievetenant of the Tower, then present, his Attestation and Ap­probation.

That the Lord Strafford the night before the Execution had sent for the Lievetenant of the Tower and asked him whether it were possible hee might speake with the Arch-Bishop; the Lievetenant told him hee might not doe it without order from the Parliament. Master Lievetenant, said hee, you shall heere what passeth betwixt us; it is not a time now either for him to plot Haerisy, or me to plot Treason, The Lievetenant an­swered that hee was limited, and therefore desired his Lord­ship would Petition the Parliament for that favour, no (said hee) I have gotten my dispatch from them, and will trouble them no more; I am now petitioning an higher Court, where neither partiality can bee expected, nor error feared, But my Lord (said hee) turning to the Primate of Ireland, then pre­sent, what I should have spoken to my Lords grace of Canter­bury, you shall desire the Arch-Bishop to lend me his prayers this night, and to give me his blessing when I doe go abroad to morrow, and to bee in his window that by my last farewell I may give him thanks for this, and all other his former favours.

The Primate having delivered the message without delay, the Arch-Bishop replyed that in conscience hee was bound to the first, and in duty and obligation to the second, but he feared his weaknesse and passion would not lend him eyes to behold his last departure.

The next morning at his coming forth hee drew neere to the Arch-Bishops lodgings? and sayd to the Lievetenant, though I doe not see the Arch-Bishop, yet give me leave I pray you to do my last observance toward his roomes; in the meane time the Arch-Bishop, advertized of his approach, came out to the window; then the Earle bowing himselfe to the ground, my Lord said hee, your prayers and your blessing, the Arch-Bi­shop lift up his hand and bestowed both, but overcome with griefe fell to the ground in Animi Diliquio. The Earle pro­ceeding a little farther, bowed the second time saying, Farewell my Lord; God protect your Innocency.

To this relation the Lord of Canterbury added, that it might perhaps seeme an effeminacy and softnesse unbecoming him, to bee so cast down, but hee hoped by Gods Assistance and his own Innocency, that when hee came to his own Exe­cution (which hee daily longed for) that the world should per­ceive hee had beene more sencible of the Lord Straffords losse, then of his own; and good reason it should bee so (said hee) for the Gentleman was more serviceable to the Church (Hee would not mention the State) then either himselfe or any of all the Church-men had ever beene.

And that there may bee a slaughter-Goat for the sinnes of the people in Scotland, to wait upon this report, they have fained another of the same meale, that the Arch-Bishop of Canterbury casts back all his misdemeanors upon the Bishop of Ross, as if either the Lord Strafford had beene tutored by the Ach-Bishop, or hee by the Bishop of Ross, in the King and Countryes service; I did think that both of them had past their pupilage and could not have beene bended to execute the directions of any man living, but only their own Masters, but this is a faire advertisement to the Bishop of Ross, to make himselfe the scape-Goat. H [...] fugenate D [...]o.

Give me leave to adjoyne one thing more, when hee was marching to the Scaffold more like the Generall in the head of an Army, to breath victory, then like a condemned man to undergoe the Sentence of Death, the Lievetenant of the Tower desired him to take Coach, for feare the people should rush in upon him and teare him in pieces, No (said hee) Master Lievetenant I dare looke death in the face, and I hope the [Page 100] People too, have you a care that I doe not escape, and I care not how I die, whether by the hand of the Executioner, or the madnesse and fury of the People. If that may give them better content, it is all one to me.

It is but diminutive to call it a wonder, it is something above, that his thoughts and expressions should be so present with him, no more putrifaction in them, then if he had beene about some ordinary businesse: His Alacrity, his Devotion did amaze; yea, teare in peeces the hearts of all those about him, who had the least Grace or Humanity in them.

Too much Perfection indeed to be lost at one blow, but this Age was not worthy of it, nor shall any after Age, I thinke, ever enjoy the like, that only which is possible is the object of the will, and therefore I will not endeavor to find out words for expres­sing this wonder of the times; only I leave his virtues to speake the rest, to the Admiration of Ours, and Compassion of succeeding Ages.

There was a foolish, ridiculous and scandalous Speech printed, which was pretended to have been spoken by the Earle of Straf­ford, to certaine Lords, before his comming out of the Tower, which is protested against, and avowed to be false by the Lord Pri­mate of Ireland, E of Cleveland, E of Newport, Lo. Rich, Sir William B [...]lfoure, Sir William Wentworth, Sir George Wentworth, Dr. Carre, Dr Price.—De Mortuis nil nisi verunt.

Then turning himselfe about hee Saluted all the noble men; and tooke a solemne leave of all considerable persons upon the Scaffold, giving them his hand.

After that hee said, Gentlemen, I would say my prayers, and entreate you all to pray with me, and for me; then his Chaplaine layd the booke of Common-prayer upon the [Page 107] Chayre before him, as hee kneeled downe, on which hee prayed almost a quarter of an houre, and then as long or longer with­out the Booke, and concluded with the Lords prayer.

Standing up hee espies his Brother, Sir George Wentworth, and calls him to him saying, Brother we must part, remember me to my sister, and to my wife, and carry my blessing to my Sonne, and charge him that hee feare God, and continue an obedient Sonne to the Church of England, and warne him that hee beares no private grudge or revenge toward any man concerning me; And bid him beware that hee meddle not with Church-livings, for that will prove a moth and canker to him in his estate, and wish him to content himselfe to bee a Ser­vant to his Country, not ayming at higher Preferments.

Aliter] To his Sonne Master Wentworth hee commends himselfe, and gives him charge to serve his God, to submit to his King with all faith and Allegiance in things temporall, to the Church in things Spirituall, chargeth him againe and againe, as hee will answer it to him in heaven, never to meddle with the Patrimony of the Church, for if he did, it would be a Canker to eate up the rest of his Estate.

Carry my blessing also to my daughter Anne, and Arabella, charge them to serve and feare God, and hee will blesse them; not forgetting my little Infant, who yet knowes neither good nor evill and cannot speake for it selfe, God speake for it, and blesse it; now said hee I have nigh done, one Stroke will make my wife husbandlesse, my deare children fatherlesse, and my poore Servants Masterlesse, and will seperate me from my deare brother, and all my friends. But let God bee to you and them all in all.

After this going to take off his doublet and to make himself unready, hee said, I thank God I am not affraid of Death, nor daunted with any discouragement rising from any feares, but doe as chearfully put off my doublet at this time, as ever I did when I went to bed; then hee put off his Doublet, wound up his haire with his hands, and put on a white Cap.

Then hee called, where is the man that is to doe this last office? (meaning the executioner) call him to me; when hee came and asked him forgivenesse, hee told him he forgave him and all the world: then kneeling down by the block; hee went to prayer againe himselfe, The Primate of Ireland kneeling [Page 108] on the one side, and the Minister on the other: To the which Minister, after prayer, hee turned himselfe, having done pray­er, and spake some few words softly, having his hands lifted up, and closed with the Ministers hands.

Then bowing himselfe to lay his head upon the block, he told the Executioner that hee would first lay down his head to try the fitnesse of the block, and take it up againe before he would lay it down for good and all: And so he did; and before he layed it down again, he told the Executioner that he would give him warning when to strike by stretching forth his hands; And presently laying down his neck upon the block, and stretching forth his hands, the Executioner strooke off his head at one blow, and taking it up in his hand shewed it to all the people: And sayd. God save the King.

His body was afterwards embalmed, and appointed to be carried into York-shire, there to be buried amongst his An­cestors.

He left these three Instructions for his Sonne in Writing.

First, That hee should continue still to be brought up un­der those Governors to whom hee had committed him; As being the best he could pick out of all those within his know­ledge, and that he should not change them, unlesse they were weary of him; that he should rather want himselfe, then they should want any thing they could desire.

Secondly, He charged him as he would answer it at the last day, not to put himselfe upon any publique employments till he was thirty yeares of age at least: And then if his Prince should call him to Publique Service, he should carefully under­take it, to testify his obedience, and withall to be faithfull and sincere to his Master, though he should come to the same end that himselfe did.

Thirdly, That he should never lay any hand upon any thing that belonged to the Church; He foresaw that ruine was like to come upon the Revennues of the Church, and that parhaps they might be shared amongst the Nobility, and Gentry: But if his Sonne medled with any of it, he wished the curse of God might follow him, and all them, to the Destruction of the most Apostolicall Church upon Earth▪